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2021-01-26 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, January 26, 2021 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/85326272954 Or join by phone: 1-669-900-6833 Webinar ID: 853 2627 2954 ROLL CALL ATTENDANCE PRESENT Councilwoman Jessica Perreault Councilman Joe Borton Councilman Brad Hoaglun Councilman Treg Bernt Councilwoman Liz Strader Councilman Luke Cavener Mayor Robert E. Simison ADOPTION OF AGENDA CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Bernt, Seconded by Councilman Cavener. Voting Yea: Councilwoman Perreault, Councilman Borton, Councilman Hoaglun, Councilwoman Strader 1. Approve Minutes of the January 12, 2021 City Council Work Session 2. Approve Minutes of the January 12, 2021 City Council Regular Meeting 3. FMI at Ten Mile Crossing Water Main Easement No. 1 4. Linder Village Sanitary Sewer and Water Main Easement No. 1 5. Linder Village Subdivision Water Main Easement No. 2 6. Final Plat for Bainbridge No. 12 (FP-2020-0016) by Brighton Development, Located on the South Side of W. Chinden Blvd./SH 20-26, Approximately 1/3 of a Mile West of N. Ten Mile Rd. 7. Final Plat for Stapleton No. 2 (FP-2020-0014) by Conger Group, Located at the Southwest Corner of W. Harris St. and S. Meridian Rd./SH-69 8. Findings of Fact, Conclusions of Law for Southridge South (H-2020-0083) by The Land Group, Inc., Generally Located South of W. Overland Rd., East of S. Ten Mile Rd. 9. Development Agreement Between the City of Meridian and Daniel Eisenring (Owner/Developer) for 2810 E Franklin Rd (H-2020-0097) 10. Development Agreement Between the City of Meridian and SI Construction, LLC (Owner/Developer) for Goddard Creek Community (H-2020-0092) 11. Addendum to Extend Project Agreement Between the City of Meridian and Nampa and Meridian Irrigation District to Authorize the City to Discharge Water from Well 32 Into the Ridenbaugh Canal for a Designated Period in 2021 12. Approval of Sixteen Grantee Agreements for the Meridian Small Business Grant Program 13. Approval of Four Grantee Agreements for the Meridian Small Business Grant Program 14. Heroes Park Parking Expansion Contract: Approve Award of Bid and Construction Contract to Bricon, Inc. for the “Heroes Park Parking Expansion” Project for the Not-to-Exceed Amount of $432,500.00 ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 15. Solid Waste Advisory Commission: Annual Update 16. Transportation Commission: Roundabouts and Alternative Intersections 17. Community Development: South Meridian Neighborhood Bicycle and Pedestrian Plan Introduction and Presentation by Edinson Bautista of Ada County Highway District EXECUTIVE SESSION Motion to enter executive session made by Councilman Bernt, Seconded by Councilman Cavener. Voting Yea: Councilwoman Perreault, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilman Cavener In to Executive Session: 5:22 pm Out of Executive Session: 5:50 pm 18. Per Idaho Code 74-206A(1)(a) To deliberate on a labor contract offer or to formulate a counteroffer. ADJOURNMENT 5:50 pm Item#1. Meridian City Council Work Session January 26, 2021. A Meeting of the Meridian City Council was called to order at 4:30 p.m., Tuesday, January 26, 2021, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Also present: Chris Johnson, Bill Nary, Tom Otte, Jamie Leslie, 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 call this meeting to order. For the record it is Tuesday, January 26th. 4:30 p.m. We will begin this afternoon's work session 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. Cavener: Mr. Mayor, second the motion. Simison: 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 and the agenda is adopted. MOTION CARRIED: ALLAYES. CONSENT AGENDA [Action Item] 1. Approve Minutes of the January 12, 2021 City Council Work Session 2. Approve Minutes of the January 12, 2021 City Council Regular Meeting Page 4 Meridian City Council Work Session Item#1. January 26,2021 Page 2 of 16 3. FMI at Ten Mile Crossing Water Main Easement No. 1 4. Linder Village Sanitary Sewer and Water Main Easement No. 1 5. Linder Village Subdivision Water Main Easement No. 2 6. Final Plat for Bainbridge No. 12 (FP-2020-0016) by Brighton Development, Located on the South Side of W. Chinden Blvd./SH 20- 26, Approximately 1/3 of a Mile West of N. Ten Mile Rd. 7. Final Plat for Stapleton No. 2 (FP-2020-0014) by Conger Group, Located at the Southwest Corner of W. Harris St. and S. Meridian Rd./SH-69 8. Findings of Fact, Conclusions of Law for Southridge South (H-2020- 0083) by The Land Group, Inc., Generally Located South of W. Overland Rd., East of S. Ten Mile Rd. 9. Development Agreement Between the City of Meridian and Daniel Eisenring (Owner/Developer) for 2810 E Franklin Rd (H-2020-0097) 10. Development Agreement Between the City of Meridian and SI Construction, LLC (Owner/Developer) for Goddard Creek Community (H-2020-0092) 11. Addendum to Extend Project Agreement Between the City of Meridian and Nampa and Meridian Irrigation District to Authorize the City to Discharge Water from Well 32 Into the Ridenbaugh Canal for a Designated Period in 2021 12. Approval of Sixteen Grantee Agreements for the Meridian Small Business Grant Program 13. Approval of Four Grantee Agreements for the Meridian Small Business Grant Program 14. Heroes Park Parking Expansion Contract: Approve Award of Bid and Construction Contract to Bricon, Inc. for the "Heroes Park Parking Expansion" Project for the Not-to-Exceed Amount of $432,500.00 Simison: Next item is our Consent Agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Page 5 Meridian City Council Work Session Item#1. January 26,2021 Page 3 of 16 Bernt: I move that we approve the Consent Agenda. For the Mayor to sign and for the Clerk to attest. Cavener: Second the motion, Mr. Mayor. Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion on the motion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: ALLAYES. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items removed from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] Simison: So, we will next move on to our Department/Commission Reports. First item up is the Solid Waste Advisory Commission Annual Update. I will turn this over to Mr. Cory, I believe, if -- Johnson: Mr. Mayor, I do not see Mr. Cory, but I did invite Tom Otte in, so he can hopefully help us identify him. Simison: Okay. Tom -- oh, we have got Steve now? Otte: He isn't on right now. I should have him shortly. He doesn't -- oh, he is on now. Simison: He is on. Mr. Cory, thank you for joining us. You are recognized as soon as you are able. And if you are speaking we can't hear you. Johnson: Mr. Mayor, Mr. Cory has no audio. It looks like there is video capabilities, but no audio. So, you may want to call that number and join. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Do we want to move to Mr. Lancaster and the Transportation Commission while we figure out Mr. Cory's situation? Simison: Do we have Mr. Lancaster on? Okay. All right. We can do that. Bernt: There he is. Page 6 Meridian City Council Work Session Item#1. January 26,2021 Page 4 of 16 16. Transportation Commission: Roundabouts and Alternative Intersections Simison: And, Mr. Clerk, if you can try to communicate with Mr. Cory on that. Okay. Mr. Lancaster, you are recognized for 20 minutes. Lancaster: Okay. Thank you, Mr. Mayor, Council Members. I'm Ryan Lancaster and it's my pleasure to participate in this work session on behalf of the Transportation Commission. The presentation I have for you today is on alternative intersections with extra emphasis on roundabouts. These intersections come up periodically during commission business and -- and during Council business. So, there are several fairly new commissioners and the commission asked for more information on alternative intersections. I made this presentation to the Transportation Commission in December. With the Transportation Commission being an advisory commission to you, we have looked for ways to have more interaction with you and we thought sharing this presentation with Council will be an opportunity to reach out on a topic that comes up from time to time in the commission and Council and even with any luck we can maybe be on the same page. Some of you know me better than others, so I thought I would give a brief introduction on myself. I'm honored to say that 2021 will be my tenth year serving as a commissioner. I'm a licensed professional engineer and I'm employed locally as a traffic engineer. Fortunately, my employers have been supportive in letting me take time off to participate in the commission all of these years as a citizen volunteer. I'm a professional traffic operations engineer and a member of the National Committee on Uniform Traffic Control Devices. So, between my employment and volunteering through the commission, I'm involved in transportation on the national, state, and local levels and that's a lot of fun for me to bring my education and experience to the commission and be able to influence topics within our city limits. I'm sorry I can't be with you in person today, but in trying to be a good citizen I'm taking the city's recommendation and presenting from my home. So, I don't want to spend too much time in preliminaries here, but I thought it might be helpful to do a little introduction. So, with that I would like to start the presentation and, Mr. Mayor, I'm open to either taking questions during the presentation or at the end, whatever works for you. So, to start off with just a little bit of information about intersections. So, why we are even talking about this. Intersections are the source of about half of severe crashes on our roads and the left turns in particular represent a high proportion of those. These first few slides that I'm going to show I borrowed a lot of these from the Federal Highway Administration and I don't plan to show -- to talk about everything on the slides, but we will just hit a few hot topics. So, some of the benefits of using alternative intersections over what we might call conventional intersections are improvement -- improvements to safety performance, operational performance, and value. So, if you can get the same or better operational and safety performance out of an intersection with a smaller footprint, then, you know, there is improved value there as well. So, these are the four alternative intersections that I'm going to touch on. Roundabouts, restricted crossing U-turn, or RCUT, median U-turns and displaced left turns. So, I'm going to touch on a couple of these real quickly and, then, we will spend the rest of the time talking about roundabouts. So, you know, why do we do alternative intersections. Here is an example of why we do them. This is the Eagle and Fairview Page 7 Meridian City Council Work Session Item#1. January 26,2021 Page 5 of 16 intersection from Google Earth and, you know, it's a huge sea of pavement. You know, the -- the approaches to the intersection are up to ten feet -- or, I'm sorry, ten lanes wide, plus bike lanes and, you know, so roads can take up a lot of land in the city; right? So, if we can do -- if we can serve the same users with less footprint that's a benefit. I'm just going to touch on the -- the first two bullet points here. Some common denominators between all of these. They treat left turns differently than a conventional intersection does and there is fewer conflict points or less severe conflict points or even the conflict points are -- are separated from the intersection. So, with roundabouts these have been around with us for 30 years now. The first modern roundabouts in the United States were built in 1990. So, about 30 years. The -- the modern roundabout designs are an improvement over what used to be built in particularly the east part of the United States with rotary intersections. It can be used in lots of different situations, high speed, low speed -- the design of the roundabout doesn't change. The operations of them are still relatively low speed, but they can be used in any -- in any kind of intersection. So, there is different flavors of U-turn intersections, RCUT, Michigan U-turn, Through-U. So, the example on the right is -- I will show another example here where ACHD recently built one of these in -- one of these intersections in Boise. They go by different names depending on whether they are signalized or not, but the principles are the same for all of these U-turn intersections. This is the one that ACHD built in Boise. So, off of Veterans Memorial Parkway, the bottom left, the top right road, left turns are still made as they might normally be, but on State Street to make a left turn a driver actually drives through the intersection and, then, makes a U-turn and a right turn. So, this takes the left turns out of the intersection, separates them -- separates the conflict where there is not as many conflicts and turns it into a right turn. So, that's the benefit of this type of intersection. So, I'm going to move through these pretty quickly. So, the next one is displaced left turn and this one's pretty interesting in that, again, the left turns are treated differently, but the left turns are actually moved to the left side of the road and, then, make the turn. So, a few years ago when the Idaho Transportation Department came to talk to the Transportation Commission about planned improvements on Chinden, there were several of these intersections proposed and they were almost apologetic about proposing these other intersections. I said there is no need to apologize. I made a comment in the commission meeting that there is no need to apologize. If we can have better operations with different intersections, then, we should. So, again, this is just an example of how that intersection works. The Utah Department of Transportation was an early adopter of these kinds of intersections and they found improvements in their crash -- they had fewer crashes and they had improved travel time. So, with that I plan to spend the rest of the time talking about modern roundabouts. I actually got this graphic from city staff, Brian McClure. So, thanks to him. But, you know, there is some -- sometimes trepidation about roundabouts. People think that they are difficult to traverse or they are -- you know, whatever the reasons might be. Really roundabouts are -- are simpler to use than a -- we will call a conventional intersection. Again, you kind of separate conflict points. So, there is -- you know, the decisions are -- or to accept to enter the intersect -- to enter the roundabout and decision when to exit the roundabout and that's really it. There is no looking left and right to see if there is gaps in both directions, it's just looking left to see if there is a gap to enter the intersection. You know, there is a National Lampoon's movie that makes fun of old circular intersections that, you know, once you get in them you can't get out. That's Page 8 Meridian City Council Work Session Item#1. January 26,2021 Page 6 of 16 not the case in a modern roundabout. You just enter and exit, you know, at the desired place. So, the outside lane always turns right or goes through the inside lane go who left or you turn. There is a few features of roundabouts that make them roundabouts, so there is a central island that traffic circles around. Usually it's circular, but I will show you some examples that aren't. There is pedestrian features if there is -- you know, if pedestrians are expected to be present. There is splitter islands on the approaches. There can be bicycle facilities. There is truck facilities. So, all of these things are designed in to accommodate all of the road users. So, some of the -- well, these are the features that are present in a roundabout. So, if some of these are missing it's not by definition a modern roundabout. For example, in my neighborhood here in Meridian there is a circular intersection in the neighborhood, but it doesn't have splitter islands. So, while it's a circular intersection it's not a modern roundabout per se, because it doesn't have all of these features. This is kind of a famous picture in the roundabout community in that this comes from New York state where they took a -- a older large rotary intersection and actually built a modern roundabout in the middle of it and, then, demolished the older rotary. So, roundabouts are relatively small. They are designed to have low operating speeds in them and this is just an example of old versus -- old designs versus new, if you will. There is a few roundabouts sprinkled around through Meridian. This is shifted just a little bit, but I think you are familiar with -- with these. This is kind of an interesting piece of information in that some researchers did some surveys before a roundabout was constructed and after and so the dark green are the attitudes before construction and, you know, so you look at this and there are, what, about 65 percent negative or very negative and, then, after construction the lighter green it switches to about 75 percent positive and so the perceptions really changed before and after and it really flipped. So, you know, I think we see this in -- in things like land use; right? Kind of the not in my backyard NIMBYism; right? But once -- once roundabouts are -- are built and they find -- and users find that there is improved performance both safety wise and operations wise, the attitudes change. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Hey, Ryan, I don't mean to interrupt you, but I think you invited that. Can you go back to that slide. I'm just curious if you could give us a little bit of background on where that data came from and how recent it is. It's -- it's compelling to me and I just -- I don't know if it's based on a domestic survey response, an international survey response, an Idaho survey response. Can you help fill in the gaps about where this was conducted and when? Lancaster: Mr. Mayor, Councilman Cavener, I will be happy to. There is a source here at the bottom and I will describe what that means. So, NCHRP means National Cooperative Highway Research Program. So, a synthesis is they talk to a bunch of different agencies and compile their results. So, this is United States data. That research report I think is getting a little bit dated at this point. It was about ten years old. So, again, roundabouts have been in the United States for 30 years and so this was done about 20 Page 9 Meridian City Council Work Session Item#1. January 26,2021 Page 7 of 16 years in. Now, that's the source. This is the national survey in the United States within, you know, the last ten years or so. Cavener: Thank you. Lancaster: Okay. So, roundabouts and crashes. Earlier I talked about how the alternative intersections change or reduce the number of conflict points and this really shows it with a roundabout. So, on the right there is 32 conflict points, whereas on the roundabout there is only eight, and most importantly it eliminates all of those blue dots, the crossing dots. So, the potential for the worst kind of crashes, the T-bone right angle kind of crashes. And here is an example of that. So, a roundabout really eliminates the angle and left turn crashes -- the kind of crashes that -- that can occur in a roundabout are sideswipes, rear ends, so, you know, the kind of crashes that -- that may bend, you know, vehicle body work, but don't break passengers; right? And so there -- there is an improvement there. When comparing signalized intersections to roundabouts, roundabouts perform much better crash wise and it's really because you eliminate a lot of those opportunities for the worst kinds of crashes. So, the fatal and injury kind of crashes are -- are way down. Locally some agencies have found that there are still roughly the same number of crashes in a roundabout intersection versus a, quote, conventional intersection, but that the severity goes down and, then, these are the same comparison with a two way stop controlled intersection versus a roundabout. That's because it, again, eliminates some of those more severe crashes, but also makes the driving task easier. So, at a two way stop intersection, you know, the driver has to look right-- look right and look left to find a gap, whereas at a roundabout the driver only needs to look left for a gap. I think I'm going to skip this slide for the -- for time sake. Roundabouts really work well in corridors. You know, just an access management kind of topic here, you know, so, let's say a driver or a road user wants to leave one of these developments on the left side of the picture and turn left, you can eliminate all the left turns and -- and forced the driver to turn right out of the development, make a U-turn around the roundabout, to make the left turn. So, to use the roundabout to basically turn it into a U-turn intersection. So, they work particularly well with access management kind of topics. You know, roundabouts and signals kind of like different things. In a signalized corridor it's good to have vehicles grouped up together in platoons. So, a whole group of vehicles can go together through the intersection on a green, whereas roundabouts it's nice to have vehicles separated more, because they are served one vehicle at a time, rather than as a group, and so roundabouts and signals can be used together, you know, if the -- the operations are somewhat compatible. So, for example, where there is -- or the signal may or-- may not be, you know, based on -- on that grouping or that platooning -- as example of that, you know, that's kind of right in the middle of Meridian is Locust Grove and Fairview and I'm told that the -- the signal timers have a heck of a time with that, because it's hard to get those groups together and so that's an example where, you know, a roundabout really could be used relatively close, because there is not that platoon of traffic. So, roundabouts and signals can be used together in the right situations. Roundabouts and pedestrians is a topic that -- that seems to come up a lot. There is a perception that roundabouts are bad for pedestrians. I'm -- I'm here to share the opposite, actually. So, we are taught and we teach our kids early on to look both ways before Page 10 Meridian City Council Work Session Item#1. January 26,2021 Page 8 of 16 crossing the street. In a roundabout you don't have to. So, here at the bottom right of the picture I have a pedestrian sign. That's going to be our pedestrian for crossing here. So, the pedestrian has to look left, when there is a gap crosses to the splitter Island, and at the splitter Island pedestrian looks now right and crosses through the leg of the intersection. So, this is, you know, the same concept for why I'm told that some city employees like to park in the parking lot across from Meridian Road and walk down to the tire store to cross where, you know, the -- the crossing is, essentially, the same as this. Cross a few lanes of traffic that go one direction, cross a few more lanes of traffic going the other direction. So, it splits up that task. Strader: Mr. Mayor? Lancaster: Conflicts -- Simison: Council Woman Strader. Strader: Oh. Thank you, Ryan. I just wanted to ask a quick question while it was on my mind about the safety. How much of -- how much of the safety factor depends on the landscaping of the roundabout? Like one of the things that I experienced -- like I'm trying to cross a roundabout -- I think I would be afraid that I'm not seeing a car that's actually just about to like quickly come around the circle. So, are there standards about that and how much is that a factor in the safety? Lancaster: Yeah. Mr. Mayor, Council Woman Strader, that's a fantastic question. So, landscaping is actually one of those required parts of a modern roundabout and there are some -- some guidelines and standards for that. There -- it's actually preferable to have a mound, to have something in the center of the roundabout to give the road users -- usually drivers -- enough vision to see to the left, but not too much to see across the roundabout, for instance. So, that is a design check to make sure that there is enough, but not too much sight distance on the approaches to the roundabout. I hope that answers your question. Strader: Thank you. It does. Lancaster: Okay. Great. Yeah. So, the roundabout for pedestrians, there is fewer conflict points for the pedestrians as well and, again, those conflict points are separated somewhat from the intersection. The pedestrian -- or the crosswalks are set back from the intersection, which makes it easier for drivers, too. It separates the driving of the vehicle conflicts from the pedestrian conflict. So, they are taking more one at a time, rather than a whole bunch of conflicts presented to a driver all at once. This is an example in Boise -- a relatively recent roundabout built byACHD and I show this, because it shows how ACHD is -- is currently treating pedestrian crossings at roundabouts. So, I have the pedestrian signs and these flashing -- well, these lights between the signs. They are called rectangular rapid flashing beacons. They are activated by a pedestrian pushing a button. It's just extra warning to the driver that -- that there is pedestrians there. But I also show this goes, you know, a relatively short distance for a pedestrian to cross, you Page 11 Meridian City Council Work Session Item#1. January 26,2021 Page 9 of 16 know, in contrast, again -- you know, think back to that Eagle and Fairview intersection where there is just a sea of asphalt to cross, so -- but it breaks up the pedestrian crossing into smaller pieces. So, this often comes up with the commission, roundabouts in the vicinity of schools. So, the national guide that -- that talks about planning designing and constructing roundabouts says that roundabouts may be optimal for use near schools and -- and it's, really, for the same reasons, you know, for the pedestrians crossing at -- at roundabouts. So, shorter distances, easier crossing tasks for the pedestrian. One thing that may be a little bit different at a roundabout for schools is it may be necessary for there to be two crossing guards. For example, one crossing guard could do the dark green arrows and one crossing guard would do the white arrows, you know, so depending on the school, depending on where the students are walking, it may be necessary to have two crossing guards. But, otherwise, you get the same benefits. You know, just some local examples of roundabouts in schools. This is Middleton High School. There is two roundabouts right adjacent to the school. Hillside Middle School in Boise. So, it has -- this dog bone or peanut shaped roundabout and here is a picture of the crossing there. So, again, kind of the same treatment. The flashing lights. I think this is Lincoln Elementary School. So, you know, there is the high school, the middle school and an elementary school. So, I have two more topics and, then, I will be done. But roundabouts and bicycles. So, bicycles can -- in most roundabouts they can approach a roundabout in two different ways, either as a vehicle or as a pedestrian. So, here on the left side of the screen there is a --you know, we will say there is a bicycle approaching on the bicycle lane. There is a ramp provided where either the bicycle can continue through the roundabout as a vehicle or exit and traverse the roundabout on the sidewalk. So, another advantage of roundabouts is the -- because the operating speeds are slowed inside the roundabout due to its curvature, the vehicle speeds are really about the same speed as a bicycle and so it can be very comfortable for a bicyclist to traverse a roundabout as a vehicle. But there is the option provided. So, the bicycle could enter the circulating roadway or traverse the crosswalk and, then, enter the bike lane on the far side of the intersection and continue on in the bike lane. Last topic roundabouts and trucks. So, roundabouts are built for a design vehicle, usually a large vehicle or commercial truck. The movement of people and goods is an important thing and so the colored pavement that's usually around the circulating roadway, it's not just for decoration and it's actually meant to be used by the trucks, so the trailer can off track onto that colored pavement and that's how the larger vehicles traverse a roundabout. This last picture is a roundabout recently built in Rigby and I just think it's kind of cool how they staged it here. So, with that, Mr. Mayor, that's the end of the presentation. Simison: Thank you, Ryan. Council, any questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Ryan, thank you so much for taking the time to share this with us. Just curious, you had showed a picture that had, basically, two lanes going in each direction, roundabouts at each end, and kind of a Boulevard style and I'm wondering how that Page 12 Meridian City Council Work Session Item#1. January 26,2021 Page 10 0 16 affects commercial areas and whether it encourages or discourages customers from accessing different businesses along those corridors. Lancaster: Mr. Mayor, Council Woman, I will try to answer the best I can. I will take -- I hope I can answer your question here. If I miss part of it, please, let me know. So, one of the perks that I have in my job is I get to know some people around the country and Washington State has been very proactive in building roundabouts. It was very interesting to me to hear from their state traffic engineer that they had a corridor where they built a corridor of roundabouts like this and, you know, the -- the trucking community said no way, but they built it anyway and after they did the truckers came back and said we were wrong, we can actually drive this corridor -- or we have -- our travel time has gone down since you built these intersections, so, you know, it improved the corridor. As far as access, I'm not sure I can, you know, say too much to that, other than, you know, in this example the -- the inner -- the roundabouts are fairly closely spaced and so any, you know, detour around the roundabout is fairly short. So, access is always a concern as a -- as a traffic engineer, you know, access -- there is this balance; right? The balance between land access and -- and operations. As a traffic engineer, you know, I know that accesses can increase crashes and can degrade operations and so that's why traffic engineers like me usually push for combined approaches or right-in, right-out approaches, that sort of thing. So, roundabouts are a strategy to accommodate full access, but -- but with just a short detour perhaps around the roundabout. So, I'm not sure how well I answered your question, but that's my attempt at it anyway. Simison: Council, any further questions? All right. Thank you, Ryan. Lancaster: Thank you, Mr. Mayor. 15. Solid Waste Advisory Commission: Annual Update Simison: Okay. We will head back to Item 15, which is our Solid Waste Advisory Commission annual update. I see Mr. Cory is here and unmuted himself. Steve, are you there? Cory: Yes, I am. Simison: Excellent. Well, the time is yours. Cory: I am getting kind of a message on my video, so excuse the fact that my video is not on. I will just go into the text and we will -- so, I want to thank you, Mr. Mayor and Members of the Council. I am Steve Cory, chairman of the Solid Waste Advisory Commission, and I'm here representing the commission to report on the 2020 activities of the Commission. The Commission was reduced in staff to five members for much of the year, with three vacancies. I served as chair and Commissioner Meg Larsen served as the vice-chair. Youth Commissioner Isabel Kau has been very active and we are very thankful you appointed her to a second term. I want to thank the Council for filling the remaining three positions this fall to bring the commission to full staff. One of our primary Page 13 Meridian City Council Work Session Item#1. January 26,2021 Page 11 of 16 responsibilities is the community recycling fund program. This year there were no expenditures to that fund. The fund had an initial balance of just over 34,400 dollars. Revenues for the year were just over 4,300 dollars. So, the ending balance is $38,740.32. SWAC conducted its other primary responsibility, the review of the FY-21 annual solid waste rate adjustments. The rate adjustment for both commercial and residential services was comprised of the contractual CPI adjustment and the continuance of the recycling processing cost shared by consumers for another year as set forth in a separate contract amendment. Other 2020 activities included the Trash or Treasure program and our participation in this Ada County Solid Waste Advisory Committee and the Ada County Hazardous -- Household Hazardous Waste quarterly meetings. SWAC received presentations on Republic Services quarterly and annual reports, on the Hefty energy bag program, on the Ada county landfill tipping fees, on the FY-21 proposed solid waste rates and new fees and on the solid waste program metrics and data. Upcoming commission business includes acting on results from the most recent city survey, furthering improvements in recycling efforts, promoting Meridian's Trash or Treasure, Hand-in-Hand, and Recycle A Bicycle program. Continued focus on reducing contamination of recycled streams. Particular emphasis on education outreach to decrease contamination. Monitoring your yard composting market trends. Continuing participation in the Ada County Solid Waste Advisory Committee. Participating in the Ada County Hazardous Waste program meetings and working with Ada county to resolve their desire to simplify landfill rates. I want to highlight SWAC's continuing work to develop a solid waste plan for the City of Meridian. SWAC created a subcommittee to work with city staff to develop the goal and expectations for the plan. Despite the pandemic, the committee met biweekly, both in person and remotely as the guideline advised. The committee was chaired by Commissioner Mark Nelson and included Meg Larsen, Scott Walters, Isabel Kau, and it was assisted by ex-officio member Rachele Klein of Republic Services. The committee presented updates to the commission and it was instrumental in guiding the vision of the city based on the knowledge and survey results that we have. So, in conclusion, it's been an active year for SWAC despite COVID, but SWAC looks forward to recovering our momentum in guiding the city's improved solid waste in the coming year and with that I would stand for questions. Simison: Thank you, Steve. Council, any questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Steve, always appreciate you joining us. Nice to see you. I guess or hear you virtually. I'm curious if you would mind giving the Council a flavor for maybe some of the projects or initiatives SWAC is hoping to take on this year. If there is anything new or something on the horizon that you guys are looking to explore. Cory: You know, I think what -- what I'm wanting is for us to steer towards this solid waste plan and it's -- as mentioned it's the goals and objectives that we are going to try to pursue as a city to improve our solid waste and recycling programs, but also to actually have a Page 14 Meridian City Council Work Session Item#1. January 26,2021 Page 12 of 16 documented plan for how to attain those activities. It's something we will bring to Council for Council's concurrence when we pull it together, but we have reached that size of a community where we can actually direct where we want to go and so what we want to do is have a written plan of how to get where the citizens want to go on waste management and recycling. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Steve, a piece that may merit consideration as you are doing that plan is, you know, I guess I would be looking for if -- if it's appropriate for a recommendation or a suggestion from SWAC around weekly recycling in Meridian and perhaps part of this is being led by COVID and more people working out of our home, but I have heard from more citizens in 2020 wanting to know more about how they can get into either another bin or getting their recycling picked up on a weekly basis. I have got two bins. I don't have any issues paying for a second bin, but I'm wondering where work from home I think will become more of a standard, even when life returns to normal with the vaccinations, this may be kind of, for all intents and purposes, a tipping point for us to start exploring, you know, weekly recycling in Meridian. Cory: Thank you, Councilman Cavener. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. One thing that I have mentioned at least in passing that I think would be fun to take a look at for the year is looking harder at cardboard as well. With the advent of digital delivery, I feel like we are all overrun with cardboard now and the -- the recycling prices for cardboard have gone up and so I would hope that we could do something around cardboard, maybe in partnership with Amazon or with Republic, but it seems like there should be an opportunity specifically there. So, that's something that I would like to see. Cory: Thank you, Council Woman Strader. We will go ahead and get that forwarded to the committee for consideration. Simison: Council, any further questions? Yes. Thanks, Steve. Appreciate you working through the technology issues and getting on today. Cory: Just my fault for trying to use the older system. 17. Community Development: South Meridian Neighborhood Bicycle and Pedestrian Plan Introduction and Presentation by Edinson Bautista of Ada County Highway District Page 15 Meridian City Council Work Session Item#1. January 26,2021 Page —of 16 Simison: Fair enough. Okay. Next item on the agenda is presentation from Community Development regarding the South Meridian Neighborhood Bicycle and Pedestrian Plan. This would be -- I don't know if we have anybody from Community Development or if we are just going to go directly to Edinson with ACHD. It looks like that will be the case. Bautista: Hi. Good afternoon -- good evening, Mayor Simison. Let me share my screen here very quickly. Can everyone see my screen? Let me expand this. So, good evening --good evening, Mayor Simison and Council. My name is Edinson Bautista, ACHD senior transportation planner. In today's meeting -- in today's presentation I wanted to introduce the South Meridian Neighborhood Bike and Pedestrian Plan and provide a brief overview of the neighborhood plan process. The South Meridian Neighborhood Bike and Pedestrian Plan is a 16 plan on the neighborhood plan process. This graph displays ACHD level completion of the neighborhood plans that have been adopted with the Garden City and North Meridian. The neighborhood plan are the most recent plans adopted on September 23rd, 2020. This graph reflects that once these neighborhood plans are adopted there is an ongoing process of working the neighborhood --the projects identified in each plan. As of now ACHD has completed 287 projects and 145 projects are just currently programmed in the integrated five year work plan. In this slide we -- I wanted to highlight the south Meridian planning area. The light polygon delineates the overall -- overall city limits south of 1-84. The neighbor plans institute the following goals: Identified and map the biking and walking destination as it pertains to the bike -- to the planning area. Through a robust public outreach process identify the need for connectivity, transit, biking and walking facilities to gather a general consensus for community recommendations. Develop a plan that communicates existing conditions and needs, as well as convey proposals, projects to both the public and ACHD. Through analysis, technical review, and public outreach define, prioritize, and rank projects that address the need to identify. Additional -- additionally, we will identify existing gaps in the sidewalk and bicycle network. Throughout this process we aim to brand the neighborhood plan to ensure recognition through the community of these planning efforts and ACHD's continual commitment to bike and pedestrian improvements. Through the standard neighbor plan process public outreach is conducted in two different stages. First through student outreach. We work with students in the planning area to identify any concerns or recommendations they have regarding their route to and from school. And, second, through the public employment meetings where we work with the public to identify the general needs and recommendation for the planning area. In this slide I wanted to present the project schedule. As it has shown that we kicked off the neighborhood plan process back in December and during -- during the spring of 2021 we are planning to conduct the public outreach effort, as well as the project identification process, and during the summer we will conduct the project prioritization and development of the plan. During the fall we plan to -- to present in front of the ACHD commission with the final draft of the neighborhood plan. Throughout the entire process we are planning to visit the City of Meridian City Council at key points throughout the entire project. With this I conclude my presentation and I will stand for any questions. Strader: Mr. Mayor? Page 16 Meridian City Council Work Session Item#1. January 26,2021 Page —of 16 Simison: Council Woman Strader. Strader: Thank you for presenting. Just one question. South Meridian is developing rapidly. How long do you expect to go -- after a community has a neighborhood plan how long of an interval do you expect before you come back and do another plan? Bautista: So, from the planning process this is an iteration process that as -- as we -- we start identifying the needs we about -- as we conclude this first iteration and we want to evaluate it we will take into account all those elements to determine the next time we will come back and put them in each of the neighborhoods and that way we will tackle those that need to start coming up in each location at that moment. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you very much for being here, Edinson. So, once these -- once the plan is finalized that information is used to start funding changes that are recommended by the plan or can you take us through what the steps are after the plan is finalized and also wondering if this is integrated or affected by the -- I understand now that--that ACHD is going to develop metrics for pedestrians and bicycles as far as like tracking accidents, tracking, you know, number of multimodal users and things like that. Is that correct? And is that integrated or affected by this? I guess help me understand any of those connections if you would. Bautista: Yes. Mr. Mayor and Council, so the -- after adopting the neighborhood plan the process goes -- so, the -- this planning tool it's used -- it can be used by the city -- by the city staff and as well by ACHD to then -- to add those projects into the overall integrated five year work plan process. So, through that-- through that we go through the -- through the normal process and, then, rank to determine which through the -- the time line that goes into those -- into the project list. And, yes, the --ACHD is working to develop what you would consider performance measures for the bicycle and pedestrian network and overall that -- that will go into the integrated private work plan and more than likely influence the neighbor plan process and after it's -- they are -- they are created. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah, Mr. Mayor. Edinson, I just want to make sure -- you know, we have an extensive pathway system in Meridian and plans for a more extensive pathway system in Meridian, so I would assume you are working with our Parks Department and our pathways coordinator Kim on making sure you are collaborating and integrating those systems together. Can you talk a little bit about that? Page 17 Meridian City Council Work Session Item#1. January 26,2021 Page 15 of 16 Bautista: Yes. Mr. Mayor and Council, yes, we --we --we took into account the extensive amount of planning that the City of Meridian have done in their-- in their pathway network. The existence and the future of that plan -- that path network and we are planning to implement those elements into the neighborhood plan -- into our neighborhood plan to -- to reflect that uniqueness that has the Meridian -- at the City of Meridian. Hoaglun: Great. Thank you. Simison: Council, any further questions? Okay. Thank you very much. Appreciate it. Bautista: Thank you. EXECUTIVE SESSION 18. Per Idaho Code 74-206A(1)(a) To deliberate on a labor contract offer or to formulate a counteroffer. Simison: Council, we have reached Item 18 on our agenda. Do I have a motion? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we go into Executive Session per Idaho Code 74-206A(1)(a)81 . Cavener: Second the motion. Simison: I have a motion and a second to adjourn into Executive Session. Is there any discussion? If not, Clerk will call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes and we are adjourned into Executive Session. MOTION CARRIED: ALLAYES. EXECUTIVE SESSION: (5:22 p.m. to 5:50 p.m.) Simison: Council, do I have a motion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Move we come out of Executive Session. Page 18 Meridian City Council Work Session Item#1. January 26,2021 Page 16 of 16 Hoaglun: Second the motion. Simison: I have a motion and a second to come out of Executive Session. All those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: ALLAYES. Cavener: Mr. Mayor? Simison: Do I have a -- Councilman Cavener. Cavener: Move we adjourn our meeting. Hoaglun: Mayor, I second the motion. Simison: Motion and second to adjourn the meeting. All in favor signify by saying aye. Opposed nay. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 5:51 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 2 9 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 19 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the January 12, 2021 City Council Work Session Page 3 Meridian City Council Work Session January 12,2021 Page 16 of 16 MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 6:06 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 1 / 26 / 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 19 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the January 12, 2021 City Council Regular Meeting Page 20 Meridian City Council January 12,2021 Page 27 of 27 Hoaglun: Mr. Second, second the motion. Simison: I have a motion and a second. 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, yea; Perreault, yea. Simison: All ayes and we are recessed -- or adjourned into Executive Session. MOTION CARRIED: ALLAYES. EXECUTIVE SESSION: 7:35 p.m. to 8:23 p.m.) Bernt: Move we come out of Executive Session. Hoaglun: Second. Simison: Motion and second to come out of Executive Session. All in favor? MOTION CARRIED: ALLAYES. Bernt: Move we adjourn. Hoaglun: Second. Simison: Motion and second to adjourn. All in favor? MEETING ADJOURNED AT 8:24 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 1 / 26 / 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 47 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: FM at Ten Mile Crossing Water Main Easement No. 1 Page 48 ADA COUNTY RECORDER Phil McGrane 2021-020706 Proiect Name(Subdivision): BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 02/08/2021 10:12 AM FMI at Ten Mile Crossing 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 26th day of January 20 21 between BVASB Ten Mile Central Commercial No. 1,LLC, DWT Investments LLC,and SCS Investments LLC,collectively ("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 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#3. 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. [END OF TEXT; SIGNATURES TO FOLLOW] Water Main Easement Version 01/01/2020 Page 50 Item#3. GRANTOR: BVASB Ten Mile Central Commercial No. 1, LLC, an Idaho limited liability company by its Executive Managers BV Management Services, Inc., an Idaho corporation By; Co ney Liddia , President STATE OF IDAHO ) )ss. County of On this 5'day of 2020, before me, the undersigned, a Notary Public in and for said State, personally appeared Cortney Liddiard, known or identified to me to be the President of BV Management Services, Inc., the corporation that is an Executive Manager of BVASB Ten Mile Central Commercial No. 1, LLC, the limited liability company that executed the witnin instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liablity company 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. ,.ld —iol)k BRANDI LOVE Notary Public for Idaho COMMISSION NO. 37925 NOTARY PUBLIC Residing at STATE OF IDAHO My commission expires [MY COMMISSION EXPIRES O4M226 Water Main Easement Version 01/01/2020 Page 51 Item#3. BVASB Ten Mile Central Commercial No. I, LLC, an Idaho limited liability company by its Executive Managers Brighton Cor ration, an Idaho corporation By: Robert . Phillips. President STATE OF IDAHO�k ) )SS. County oAA f ) Ar On this 10 day of W0 IOW , 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 Central Commercial No. 1, LLC, the limited liability company that executed the witnin instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liablity company 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. AMANDA MCCURRY COMMISSION#29528 NOTARY PUSUC No Public for aho STATE OF IDAHO RAY COMRAISSM EXPIRES 04% 00 My commission expires 5 3 Water Main Easement Version 01/01/2020 Page52 Item#3. DWT INVESTMENTS LLC an Idaho limited liability company By: Brighton Corporation, an Idaho corporation, Manager By: Robert L. Phillips, President STATE OF IDAHO ) : ss. County of Ada ) This record was acknowledged before me on 2020, by Robert L. Phillips, as the President of Brighton Corporation, an Idaho corporation, manager of DWT Investments LLC, an Idaho limited liability company. AMANDA MCCURRY COMMISSION ft9628 MW NOTARY PUBLIC No ary Public for I ho STATE OF IDAHO My Commission expires W Cit✓ MY COMMISSION EXPIRES 04/15/=25 SCS INVESTMENTS LLC an Idaho limited liability company By: 111A j 0'�' A-�j mr- is ael . Hall, Presid nt STATE OF IDAHO ) ) ss. County of Ada ) t, I,,�^/ This record was acknowledged before me on 100 01A b�►' 10 2020, by Michael A. Hall as the President of SCS Investments LLC, an Idaho limited liability company. 7�ON MCCURRY ION#29528 ota y WA or I o Y PUBLIC My Commission Expires: OF IDAHO EXPIRES 04✓15/2023 Water Main Easement Version 01/01/2020 page 53 Item#3. GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 1-26-2021 Attest by Chris Johnson, City Clerk 1-26-2021 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 1-26-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Water Main Easement Version 01/01/2020 Page 54 Item#3. 2775 W.Navagator Drive,Suite 210 Idaho Office Meridian,Idaho 83642 H O RRO C K S Tel: 208.895,2520 vrww.horrocks.com 11,11 E N G I N E E R S Date: October 21, 2020 Project: ID-1865-1908 Page: 1 of 1 EXHIBIT A FMI DOMESTIC WATER EASEMENT This easement is in a portion of Parcel A and Parcel C of Record of Survey No. 12109, instrument No. 2019-121734, records of Ada county and is situated in a portion of the S.W. '/ of Section 14,Township 3 North, Range 1 West of the Boise Meridian, City of Meridian,Ada County, Idaho,more particularly described as follows: COMMENCING at the southwest corner of Parcel C of said Record of Survey No. 12109; thence along the west boundary of said Parcel C, 1) N.00°48'26"E., 53.29 feet to the POINT OF BEGINNING; thence continuing along said west boundary, 2) N.00°48'26"E.,44.46 feet; thence leaving said west boundary, 3) N.89°11'34"W., 20.93 feet; thence, L 4) N.00°48'26"E., 20.00 feet; thence, N rF11SIIF� '�,fj` 5) S.89°11'34"E., 39.98 feet; thence, WCD 196 0 6) S.00°48'26"W., 36.35 feet; thence, 10-21-20�0 4r� Of ,pP 7) S.89°11'34"E., 24.72 feet; thence, 9�N Wit1G1� 8) S.00°48'26"W., 28.11 feet; thence, 9) N.89°11'34"W., 43.76 feet to the POINT OF BEGINNING. H:/ID-1865-1908 BVA-FMI/Project data/Survey/Legal Descriptions/Parcel A FMI 082019 Page 55 Item#3. EXHIBIT B DOMESTIC WATER EASEMENT FMI AT TM CROSSING W.EXCURSION LN. (PRIVATE) — — �p S`ON S8 01 39.984E — 196 '° w� I r<+ 10-21-20�0 N I b 4rF Of `pP 001 � z 1 • _20.93'_ 89°11'34"W "1 I 1 I 1 PARCEL A LU 1 S89°11'34"E R R.0.S. #12109 CID 24.72' T INST#2019-121734 �1 1 a vie 1� zl r N rc co N I Io � 8 P.O.B.—� 1 __43.76' _ 1 r -- -- N89011'34"W w W 3 �s R 0 �, N f o� CN 00 o to PARCEL C z R.O.S. #12109 .5 INST#2019-121734 1 P.O.C. NOT TO SCALE 49 PARCEL A QO FOUND 5/8 REBAR & PLASTIC CAP R.O.S. #12109 PARCEL B 12109 P.O.C. POINT OF COMMENCEMENT R.O.S. 9-121 � INST#2019-121734 INST#2019-121734 a P.O.B. POINT OF BEGINNING R CALCULATED POINT :; DRAWING INFO M ATE 10/21/20 t ''^ EXHIBIT B SCALE N.T.S. 2775 Navigator Dr.,Suite 210 REV# DATE Meridian.ID&3&2 SECTION 14 T3N R1 W SEESHEETFOR LISTING f PROD.NO: f` w++rv�fierr«�3s,.caln I'i1��`:- Page 56 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Linder Village Sanitary Sewer and Water Main Easement No. 1 Page 57 ADA COUNTY RECORDER Phil McGrane 2021-014150 BOISE IDAHO Pgs=21 KRISTINA LOWRY 01/27/2021 10:29 AM CITY OF MERIDIAN, IDAHO NO FEE Proiect Name(Subdivision): Linder village Sanitary Sewer&Water Main Easement Number: I Identify this Easement by sequential number if Project contains more than one easement of this type. (See Instructions for additional information). SANITARY SEWER AND WATER MAIN EASEMENT This Easement Agreement, made this 26th day of January, 20 21 between High Desert Development Linder Village, LLC, an Idaho limited liability company ("Grantor") and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS,the Grantor desires to provide a sanitary sewer and water main right-of.-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water 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 and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) i The easement hereby granted is for the purpose of construction and operation of sanitary sewer and 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 lace or allow to be laced an g p p Y 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 and Water Main Easement- 1 42795.0012.12907594.1 Item#4. 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: HIGH DESERT DEVELOPMENT LINDER VILLAGE,LLC, an Idaho limited liability company By: - Nam Josep uarte Its: Manager STATE OF IDAHO ) ss. County of Ada ) On this 1 day of ,20_20,before me, a Notary Public in and for said State,personally appeared Joseph D.Huarte,known or identified to me to be the Manager of High Desert Development Linder Village, LLC, the limited liability company that executed the within instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company 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. AARON ZIMMERMAN Notary Public-State of Idaho Commission Number 20190874 ublic for Id o My Commission Expires May 1, 2025 ,siding at to c o m m expires Sanitary Sewer and Water Main Easement-2 42795.0012.12907594.1 Page 59 Item#4. i I I GRANTEE: CITY OF MERIDIAN i Robert E. Simison,Mayor 1-26-2021 Attest b Chris Johnson City Clerk Y � tY 1-26-2021 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 1-26-2021 (date) by I Robert E. Simison and Chris Johnson on behalf of the City of Meridian, ui their capacities as Mayor and City Clerk,respectively. Notary Signature I My Commission Expires: 3-28-2022 i I j I I I i I Sanitary Sewer and Water Main Easement-3 REV.01/01/2020 Page 60 FOX1515 S. SHOSHONE ST. BOISE, ID 83705 LAND SURVEYS 208.342.7957 www.foxiandsurveys.com i Exhibit A: Linder Village Subdivision-Water and Sewer Easement#1 Description All of the land within the Midway Place Subdivision, recorded in Book 1 of Plats at Page 33 of the Ada County Records, in the North 112 of Northwest 114 of Section 25, Township 4 North, Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho, a portion of the Grantor's parcels(granted under Warranty Deed Instrument No. 104009792 and Warranty Deed Instrument No. 11106778)more particularly described as follows: COMMENCING at the Corner of Sections 23, 24, 25 and 26, monumented with a found Aluminum Cap as shown on CP&F Record 2017-072470 from which the Quarter Corner common to Sections 24 and 25 monumented with a 2"Aluminum Cap as shown on CP&F Record 2017-072469 bears South 89' 22'30" East, 2669.54 feet; j A. thence South 00°55'10"West, 1328.81 feet to the SW Corner of the N 1/2 of the NW 1/4 monumented with a found 5/8" rebar with cap "FLSI ID PLS 7612"; B. Thence South 89°25'01" East,48.50 feet along the south line of the North 1/2 of the Northwest 1/4 to the Easterly right-of-way of N. Linder Road and the Westerly boundary line of said Grantor's parcel; C. Thence along said right-of-way and westerly boundary line, North 00°55'10" East, 95.48 feet to the POINT OF BEGINNING; 1. Thence continuing along said right-of-way and westerly boundary line, North 00055'10" I East, 20.00 feet; 2. Thence leaving said right-of-way and westerly boundary line, South 89°22'04" East, 9.49 feet to a point; 3. Thence North 00°37'56" East, 15.00 feet to a point; 4. Thence South 89°22'04" East, 20.00 feet to a point; 5. Thence South 00°37'56"West, 15.00 feet to a point; 6. Thence South 89°22'04" East, 80.49 feet to a point; 7. Thence North 00°37'56" East, 15.00 feet to a point; 8. Thence South 89°22'04" East, 41.19 feet to a point; 9. Thence South 00°37'56"West, 15.00 feet to a point; 10. Thence South 89022'04" East, 83.39 feet to a point; 11. Thence North 00°37'56" East, 136.22 feet to a point; 12. Thence North 22°26'06"West, 126.30 feet to a point; 13.Thence South 68°07'56"West, 16.10 feet to a point; 14. Thence North 22°26'06"West, 25.00 feet to a point; 15. Thence North 68007'56" East, 16.10 feet to a point; 16. Thence North 22°26'06"West, 21.33 feet to a point; 17. Thence North 00037'56" East, 166.73 feet to a point; 19045 Easemenf.docx 1 1 n a g e 1 Sanitary Sewer and Water Main Easement-4 Page 61 Item#4. FOX1515 S. SHOSHONE ST. '` X BOISE, ID B3705 1WLAND SURVEYS 208.342.7957 www.foxiandsurveys.com 18. Thence North 19°20'05" East, 53.15 feet to a point; 19.Thence North 66°52'04"West, 17.25 feet to a point; 20.Thence North 19°20'05" East, 20.04 feet to a point; 21.Thence South 66°52'04" East, 15.55 feet to a point; 22. Thence North 23°07'56" East, 25.71 feet to a point; 23. Thence North 66°52'04"West, 99.51 feet to a point; 24. Thence North 89°22'04"West, 107.25 feet to a point on the west line of the Grantors Parcel and the East right-of-way of N. Linder Road; 25. Thence along said west line and said east right-of-way North 00°55'10" East, 20.00 feet to a point; 26. Thence South 89022'04" East, 111.13 feet to a point; 27. Thence South 66°52'04" East, 102.16 feet to a point; 28. Thence North 19020'05" East, 53.13 feet to a point; 29. Thence North 00°37'56" East, 246.91 feet to a point; 30. Thence South 89°22'04" East, 20.00 feet to a point; 31. Thence South 00°37'56"West, 44.82 feet to a point; 32. Thence North 68'07'56" East, 28.30 feet to a point; 33. Thence North 21'52'04"West, 23.21 feet to a point; 34. Thence North 68°07'56" East, 20.00 feet to a point; j 35. Thence South 21*52'04" East, 23.21 feet to a point; 36. Thence North 68'07'56" East, 151.78 feet to a point; 37. Thence South 89°22'04" East, 14.81 feet to a point; 38. Thence North 00°38'09" East, 7.00 feet to a point; 39. Thence South 89°22'04" East, 20.00 feet to a point; 40. Thence South 00'38'09" West, 7.00 feet to a point; 41. Thence South 89°22'04" East, 215.47 feet to a point; 42. Thence North 00°38'09" East, 7.00 feet to a point; 43. Thence South 89°22'04" East, 20.00 feet to a point; 44. Thence South 00°38'09"West, 7.00 feet to a point; 45. Thence South 89°22'04" East, 199.25 feet to a point; 46. Thence North 00°38'09" East, 7.00 feet to a point; 47.Thence South 89°22'04" East, 20.00 feet to a point; 48. Thence South 00'38'09"West, 7.00 feet to POINT`A'; 49. Thence South 89°22'04" East, 153.21 feet to a point; 50. Thence North 00°38'09" East, 7.00 feet to a point; 51. Thence South 89°22'04" East, 20,00 feet to a point; 52. Thence South 00°38'09" West, 7.00 feet to a point; 53. Thence South 89°22'04" East, 200.70 feet to a point; 54. Thence North 00°38'09" East, 7.00 feet to a point; 55. Thence South 89°22'04" East, 20.00 feet to a point; 19045 Easement.docx 2 P a o Sanitary Sewer and Water Main Easement-5 Page 62 Item#4. FOX1515 S. SHOSHONE ST. ,z BOISE, ID 83705 1wLAND SURVEYS 208.342.7957 www.foxiandsurveys.com 56. Thence South 00°38'09"West, 7.00 feet to a point; 57. Thence South 89°22'04" East, 267.88 feet to a point; 58. Thence North 00°38'09" East, 7.00 feet to a point; 59.Thence South 89°22'04" East, 20.00 feet to a point; 60. Thence South 00°38'09"West, 7.00 feet to a point; 61.Thence South 89°22'04" East, 153.77 feet to a point; 62.Thence North 79°22'56" East, 71.36 feet to a point; 63.Thence North 68°07'56" East, 42.71 feet to a point; 64. Thence North 21°52'04"West, 10.00 feet to a point; 65.Thence North 68°07'56" East, 20.00 feet to a point; 66. Thence South 21°52'04" East, 10.00 feet to a point; 67. Thence North 68°07'56" East, 18.50 feet to a point; 68. Thence South 89°22'04" East, 145.19 feet to a point; 69.Thence South 00°37'56"West, 298.03 feet to POINT`B'; 70. Thence South 89°22'04" East, 284.93 feet to a point; 71. Thence South 44°22'04" East, 70.20 feet to a point; 72. Thence North 56°52'56" East, 75.27 feet to a point; 73. Thence North 79°22'56" East, 60.56 feet to a point; 74. Thence North 10°37'04" West, 10.00 feet to a point; 75. Thence North 79°22'56" East, 20.00 feet to a point; 76. Thence South 10037'04" East, 10.80 feet to a point; 77. Thence South 89022'04" East, 34.69 feet to a point; 78. Thence North 00°38'06" East, 40.85 feet to a point; 79. Thence South 89°21'54" East, 20.00 feet to a point; 80. Thence South 00°38'06"West, 40.84 feet to a point; 81. Thence South 89022'04" East, 54.79 feet to a point on the Easterly boundary line of said Grantor's parcel; 82. Thence along the Easterly boundary line of said Grantor's parcel, South 00032'03"West, 20.00 feet to a point; 83. Thence leaving the Easterly boundary line of said Grantor's parcel, North 89°22'04" West, 54.83 feet to a point; 84. Thence South 00'38'06"West, 64.81 feet to a point; 85. Thence North 89°21'54" West, 20.00 feet to a point; 86. Thence North 00°38'06" East, 64.80 feet to a point; 87. Thence North 89°22'04" West, 36.81 feet to a point; 88.Thence South 79°22'56" West, 70.60 feet to a point; 89. Thence South 56°52'56" West, 72.21 feet to a point; 90. Thence South 45°37'54" West, 384.78 feet to a point; 91. Thence South 68°07'54"West, 88.44 feet to a point; 92. Thence North 89°22'06" West, 215.80 feet to a point; 19045 Easement.docx 3 P a g e Sanitary Sewer and Water Main Easement-6 Page 63 Item#4. FOX1515 S. SHOSHONE ST. BOISE, ID 83705 LAN® SURVEYS 208.342.7957 www.foxiandsurveys.com 93.Thence South 79°22'56" West, 57.04 feet to a point; 94.Thence South 68°07'56"West, 35.98 feet to a point; 95. Thence South 21°52'04" East, 78.62 feet to a point; 96. Thence South 00°37'56" West, 244.17 feet to a point on the Northerly easement line of Sewer Easement Instrument No. 2016-013033; 97. Thence along said Northerly easement line, North 89°25'01" West, 41.94 feet to a point; 98.Thence leaving said Northerly easement line, North 00037'56" East, 249.33 feet to a point; 99.Thence North 21°57'00"West, 57.84 feet to a point; 100. Thence South 68°07'56"West, 95.69 feet to a point; 101. Thence North 89°22'04" West, 180.70 feet to a point; 102. Thence South 00043'03"West, 17.38 feet to a point; 103. Thence North 89°17'33"West, 530.99 feet to POINT'C'; 104. Thence South 00037'56"West, 16.41 feet to a point; 105. Thence North 89022'04" West, 25.64 feet to a point; 106. Thence South 11°52'56"West, 141.63 feet to a point; 107. Thence South 00°37'56"West, 94.87 feet to a point on the Northerly easement line of Sewer Easement Instrument No. 2016-0133034; 108. Thence along said Northerly easement line, North 89025'01" West, 38.94 feet to a point; 109. Thence leaving said Northerly easement line, North 00'34'58" East, 107.48 feet to a point; 110. Thence North 89'24'02"West, 256.60 feet to a point; 111. Thence South 58056'09"West, 103.04 feet to a point; 112. Thence South 75°16'14"West, 107.75 feet to a point; 113. Thence North 89°24'02"West, 81.19 feet to a point; 114. Thence South 00037'56"West, 75.06 feet to a point on the south line of the l Grantors Parcel and the south line of the North 1/2 of the Northwest 1/4 of Section 25; 115. Thence along said south lines of the Grantors Parcel and the North 1/2 of the Northwest 1/4 of Section 25 North 89'25'01" West, 20.00 feet to a point; 116. Thence North 00°37'56" East, 75.07 feet to a point; 117. Thence North 89024'02" West, 18.00 feet to a point; 118. Thence North 00037'56" East, 20.20 feet to a point; 119. Thence North 89°22'04" West, 234.67 feet to a point to the POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING PARCEL OF LAND: Beginning at the previously described POINT'A ;Thence South 63°01'44" East, 84.51 feet to the i POINT OF BEGINNING; 19045 Easement.docx 4 I P a g e Sanitary Sewer and Water Main Easement-7 Page 64 Item#4. FOX 1515 S. SHOSHONE ST. * SO/SE, !D 83705 1WLAND SURVEYS 208.342.7957 www.foxlandsurveys.com Thence South 00°27'35" West, 302.30 feet to a point; Thence North 89°22'04" West,48.48 feet to a point; Thence North 00037'13" East, 10.00 feet to a point; Thence North 89°22'04" West, 20.00 feet to a point; Thence South 00037'13" West, 9.79 feet to a point; Thence South 79°22'56" West, 51.12 feet to a point; Thence South 68*07'56" West, 83.88 feet to a point; Thence North 89021'51" West, 253.98 feet to a point; Thence North 00°37'56" East, 10.00 feet to a point; Thence North 89°21'51" West, 20.00 feet to a point; Thence South 00°37'56" West, 10.00 feet to a point; Thence North 89°21'51" West, 190.85 feet to a point; Thence North 66052'04" West, 98.05 feet to a point; Thence North 23007'56" East, 48.34 feet to a point; Thence North 00°37'56" East, 190.97 feet to a point; Thence South 89'22'04" East, 10.00 feet to a point; Thence North 00°37'56" East, 21.87 feet to a point; Thence North 68'07'56" East, 174.07 feet to a point; Thence South 89°22'04" East, 18.82 feet to a point; Thence South 00036'35" West, 17.71 feet to a point; Thence South 89023'25" East, 73.67 feet to a point; Thence South 00°37'56" West, 9.39 feet to a point; Thence South 89°22'00" East, 20.00 feet to a point; Thence North 00°37'56" East, 9.40 feet to a point; Thence South 89°23'25" East, 204.92 feet to a point; Thence South 00*37'56" West, 9.49 feet to a point; Thence South 89°22'00" East, 20.00 feet to a point; Thence North 00037'56" East, 9.49 feet to a point; Thence South 89°23'25" East, 123.63 feet to a point; Thence South 00°37'53" West, 9.55 feet to a point; Thence South 89°22'00" East, 20.00 feet to a point; Thence North 00°37'53" East, 9.55 feet to a point; Thence South 89023'25" East, 80.24 feet to a point to the POINT OF BEGINNING, ALSO EXCEPTING THEREFROM THE FOLLOWING PARCEL OF LAND: Beginning at previously described POINT`A';Thence South 79°28'30" East, 116.41 feet to the POINT OF BEGINNING; 19045 Easement.docx 51 P a g e �Sanitary Sewer and Water Main Easen en -t 8 Page 65 Item#4. FOX1515 S. SHOSHONE ST. BOISE, ID 83705 IVLAND SURVEYS 208.342.7957 www.foxiandsurveys.com Thence South 89022'04" East, 5.61 feet to a point; Thence South 00°37'56" West, 27.09 feet to a point; Thence South 89°22'00" East, 20.00 feet to a point; Thence North 00037'56" East, 27.09 feet to a point; Thence South 89022'04" East, 8.43 feet to a point; Thence South 00'37'53" West, 27.09 feet to a point; Thence South 89°22'00" East, 20.00 feet to a point; Thence North 00°37'53" East, 27.09 feet to a point; Thence South 89°22'04" East, 218.37 feet to a point; Thence South 00037'56" West, 27.09 feet to a point; Thence South 89°22'00" East, 20.00 feet to a point; Thence North 00037'56" East, 9.59 feet to a point; Thence South 89022'04" East, 250.21 feet to a point; Thence South 00°37'53" West, 13.23 feet to a point; Thence South 89022'07" East, 20.00 feet to a point; Thence North 00°37'53" East, 13.23 feet to a point; Thence South 89022'04" East, 9.80 feet to a point; Thence South 00°37'56" West, 13.23 feet to a point; Thence South 89022'07" East, 20.00 feet to a point; Thence North 00°37'56" East, 13.23 feet to a point; Thence South 89022'04" East, 32.53 feet to a point; Thence South 00037'30" West, 258.08 feet to a point; Thence South 15056'58" East, 46.13 feet to a point; Thence North 89'22'04" West, 20.81 feet to a point; Thence North 00037'56" East, 10.00 feet to a point; Thence North 89022'04" West, 20.00 feet to a point; Thence South 00037'56" West, 10.00 feet to a point; Thence North 89°22'04" West, 279.42 feet to a point; Thence North 00°37'56" East, 10.00 feet to a point; Thence North 89022'04" West, 20.00 feet to a point; Thence South 00°37'56" West, 10.00 feet to a point; Thence North 89022'04" West, 232.74 feet to a point; Thence North 00*37'13" East, 10.00 feet to a point; Thence North 89°22'04" West, 20.00 feet to a point; Thence South 00037'13" West, 10.00 feet to a point; Thence North 89022'04" West, 18.10 feet to a point; Thence North 00°37'56" East, 10.00 feet to a point; Thence North 89°22'04" West, 20.00 feet to a point; Thence South 00°37'56" West, 10.00 feet to a point; Thence North 89022'04" West, 7.09 feet to a point; 19045 Easement.docx 6 P a g e Sanitary Sewer and Water Main Easement-9 Page 66 Item#4. 1515 S. SHOSHONE ST. <V� FOX BOISE, ID 83705 LAND SURVEYS 208.342.7957 www.foxlandsurveys.com Thence North 00°37'56" East, 319.80 feet to a point to the POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THE FOLLOWING PARCEL OF LAND: Beginning at previously described POINT 'B';Thence North 89°22'04" West, 20.00 feet to the POINT OF BEGINNING; Thence North 89°22'04" West, 110.55 feet to a point; Thence North 00°37'56" East, 7.50 feet to a point; Thence North 89022'04" West, 20.00 feet to a point; Thence South 00°37'56" West, 7.50 feet to a point; Thence North 89°22'04" West, 199.80 feet to a point; Thence North 00°37'56" East, 233.03 feet to a point; Thence South 89°22'04" East, 62.12 feet to a point; Thence North 79022'56" East, 75.30 feet to a point; l Thence North 68°07'56" East, 77.28 feet to a point; Thence South 00°37'56" West, 28.10 feet to a point; Thence South 89°22'04" East, 20.00 feet to a point; Thence North 00°37'56" East, 28.84 feet to a point; Thence South 89°22'04" East, 102.99 feet to a point; Thence South 00037'56" West, 278.03 feet to a point to the POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THE FOLLOWING PARCEL OF LAND: Beginning at previously described POINT 'B';Thence South 51°55'27" West, 31.98 feet to the POINT OF BEGINNING; i Thence South 89°22'04" East, 301.61 feet to a point; Thence South 44022'04" East, 61.35 feet to a point; Thence South 45°37'54" West, 101.21 feet to a point; Thence North 44°22'04" West, 10.00 feet to a point; Thence South 45037'54" West, 20.00 feet to a point; Thence South 44°22'04" East, 10.00 feet to a point; Thence South 45°37'54" West, 244.39 feet to a point; Thence South 68°07'54" West, 38.21 feet to a point; Thence North 21°52'06" West, 10.00 feet to a point; Thence South 68007'54" West, 20.00 feet to a point; Thence South 21052'06" East, 10.00 feet to a point; Thence South 68°07'54" West, 22.27 feet to a point; 19045 Easement.docx 7 P a o I Sanitary Sewer and Water Main Easement- 10 Page 67 Item#4. FOX1515 S. SHOSHONE ST. BOISE, IUD 83705 1wLAND SURVEYS 208.342.7957 www.foxiandsurveys.com Thence North 89°22'06"West, 213.79 feet to a point; Thence South 79022'56" West,45.00 feet to a point; Thence North 10°37'04" West, 12.00 feet to a point; Thence South 79°22'56" West, 20.00 feet to a point; Thence South 10°37'04" East, 12.80 feet to a point; Thence South 68007'56" West, 33.85 feet to a point; Thence North 21°52'04" West,40.34 feet to a point; Thence North 00°37'56" East, 273.71 feet to a point; Thence North 21°52'04"West, 35.06 feet to a point; Thence North 00°37'56" East, 15.75 feet to a point; Thence South 89'22'04" East, 68.00 feet to a point; Thence South 00°38'09" West, 26.12 feet to a point; Thence South 89o22'04" East, 20.00 feet to a point; Thence North 00°38'09" East, 26.12 feet to a point; Thence South 89022'04" East, 87.53 feet to a point; Thence South 00°38'09" West, 26.12 feet to a point; Thence South 89°22'04" East, 20.00 feet to a point; Thence North 00°38'09" East, 26,12 feet to a point; Thence South 89022'04" East, 109.87 feet to a point; Thence South 00038'09" West, 26.12 feet to a point; Thence South 89°22'04" East, 20.00 feet to a point; i Thence North 00038'09" East, 26.12 feet to a point to the POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THE FOLLOWING PARCEL OF LAND: Beginning at previously described POINT`C';Thence North 12°5121" West, 37.72 feet to the POINT OF BEGINNING; i Thence North 00°37'56" East, 114.09 feet to a point; Thence South 89°22'04" East, 28.04 feet to a point; Thence North 00°37'56" East, 20.00 feet to a point; Thence North 89°22'04" West, 28.04 feet to a point; Thence North 00037'56" East, 160.20 feet to a point; j Thence North 75011'34" East, 45.56 feet to a point; Thence South 00°37'13" West, 9.52 feet to a point; Thence South 89°24'07" East, 20.00 feet to a point; Thence North 00°37'13" East, 10.00 feet to a point; Thence South 89°24'07" East, 63.90 feet to a point; Thence North 00*27'35" East, 14.61 feet to a point; Thence South 89*22'04" East, 67.83 feet to a point; 19045 Easement.docx 8 I P a e Sanitary Sesser and Water Main Easement-11 Page 68 Item#4. 1515 S. SHOSHONE ST, 44�' FOX BOISE, ID 83705 LAND SURVEYS 208.342.7957 www,foxiandsurveys.com Thence South 00°37'13" West, 23.41 feet to a point; Thence South 89°24'28" East, 20.00 feet to a point; Thence North 00°37'13" East, 23.39 feet to a point; Thence South 89022'04" East, 240.43 feet to a point; Thence South 00038'09"West, 23.22 feet to a point; Thence South 89°24'28" East, 20.00 feet to a point; Thence North 00°38'09" East, 23.21 feet-to a point; Thence South 89'22'04" East, 183.86 feet to a point; Thence South 00038'09" West, 23.08 feet to a point; Thence South 89°24'28" East, 25.99 feet to a point; Thence North 00°38'09" East, 23.06 feet to a point; Thence South 89022'04" East, 98.01 feet to a point; Thence South 00°37'56" West, 244.76 feet to a point; Thence South 21°57'00" East, 45.18 feet to a point; Thence South 68°07'56" West, 91.68 feet to a point; Thence North 89°22'04" West, 123.55 feet to a point; Thence North 00'37'56" East, 10.00 feet to a point; Thence North 89°22'04" West, 20.00 feet to a point; Thence South 00°37'56" West, 10.00 feet to a point; Thence North 89022'04" West, 278.75 feet to a point; Thence North 00037'56" East, 10.00 feet to a point; Thence North 89°22'04" West, 20.00 feet to a point; Thence South 00°37'56" West, 10.00 feet to a point; Thence North 89°22'04" West, 274.24 feet to a point to the POINT OF BEGINNING, ALSO EXCEPTING THEREFROM THE FOLLOWING PARCEL OF LAND: Beginning at previously described POINT'C';Thence North 55°16'47"West, 69.34 feet to the POINT OF BEGINNING; Thence South 79°22'56" West, 108.74 feet to a point; Thence South 68°07'56" West, 50.50 feet to a point; Thence South 56°52'56" West, 101.89 feet to a point; Thence North 33°02'18" West, 10.00 feet to a point; Thence South 56°52'56" West, 20.00 feet to a point; Thence South 33°02'18" East, 10.00 feet to a point; Thence South 56°52'56" West, 72.47 feet to a point; Thence North 33°07'04" West, 10.00 feet to a point; Thence South 56°52'56" West, 20.00 feet to a point; Thence South 33"07'04" East, 10.00 feet to a point; 19045 Easement.docx 91 Pay e Sanitary SeFver and Water Main Easement-12 Page 69 Item#4. ,1515 S. SHOSHONE ST. 41V� FOX BOISE, ID 83705 LAND SURVEYS 208.342.7957 www.foxlandsurveys.com Thence South 56052'56"West, 84.88 feet to a point; Thence South 79°22'56" West, 89.71 feet to a point; Thence North 89°22'04" West, 20.44 feet to a point; Thence North 00037'56" East, 12.00 feet to a point; Thence North 89°22'04"West, 25.20 feet to a point; Thence South 00°37'56" West, 12.00 feet to a point; Thence North 89°22'04"West, 28.52 feet to a point; Thence North 00°37'56" East, 143.92 feet to a point; Thence North 21°52'04" West, 176.75 feet to a point; Thence North 00037'56" East, 163.55 feet to a point; Thence North 23°07'56" East, 35.18 feet to a point; Thence South 66052'04" East, 22.30 feet to a point; Thence North 23°07'56" East, 20.00 feet to a point; Thence North 66'52'04" West, 22.30 feet to a point; Thence North 23°07'56" East, 20.72 feet to a point; Thence South 66°52'04" East, 102.03 feet to a point; Thence South 89'21'51" East, 344.56 feet to a point; Thence South 00°38'09" West, 25.91 feet to a point; Thence South 89'21'48" East, 25.99 feet to a point; Thence North 00°38'09" East, 25.91 feet to a point; Thence South 89021'51" East, 102.23 feet to a point; Thence North 68007'56" East, 38.89 feet to a point; Thence South 00°39'27" West, 292.40 feet to a point to the POINT OF BEGINNING. i ALSO EXCEPTING THEREFROM THE FOLLOWING PARCEL OF LAND: I Beginning at previously described POINT'C'; Thence North 86°32'56"West, 59.54 feet to the POINT OF BEGINNING; Thence South 14'21'33" West, 129.36 feet to a point; ST Thence North 89024'02" West, 265.96 feet to a point; t �- Thence North 56052'56" East, 186.27 feet to a point; c 23 Thence North 68°07'56" East, 46.56 feet to a point; Zo Thence North 79'22 56 East, 67.60 feet to a point; Thence South 74°24'14" East, 33.60 feet to a point to the POINT OF BEGINNING. '�0 ® Y S•�� END OF DESCRIPTION. See the attached 8-page sketch. Containing 309,282 net square feet or 7.100 net acres, more or less. 19045 Easement.docx 10 I P a g e Sanitary Sewer and Water Main Easement- 13 Page 70 Item#4. cu cD r O m 2. Co N. LINDER ROAD , )----------SOO-55'10"W 1328,81' rn W co — — — — — ` A I o I cti 00 co -------------iCO n Z O 0 r--------- 3o —i— o 00n "V -' ' m �L— sir— --- I 0 ffl 0 1 �� ® I II r, m c-) co � cmll ; I ({} p � 11 i � 1 I A z z I r.I ------ — rt �- m D p m i I I I _ I I ' ______ I _______ _ _gxztnao o��cmi°c I I ii i ii Z x z D p zp t� i L--------I ItP- -------u------�� t� a"mzx Mz n I I1 �� 1� t� tz 3 I z cs I I z o i� it to I1 o d 1 0 I 1 1 m wom kI ----------i--� -----------q I i i m wI'+----------- -------- -;- 0o I II o � ITI � I _ AP I O OD v CTI EC �1 I ( N Sanitary Sewer and Water Main Easement- 14 Page 71 Item#4. m - �ro L1 N N L3, z Q W O L5 a �° cn :• 0 r fn =r m o w ^� o a L7 w ono p y L9 2y` py1 N00'37'56'E 166.73' 1 n 77 y 5, v ti o Og7;21' i 19 L DE 92 N00°37'56"E 1&3.55' 11 �1 L88 N00°37'56'E 136.22' w l88 ti �poZS°y2N til, ? m = lg � L84 r SL��y N00'37'56`E 143.92' r j j tt O co w m N r s� Z A o m a W Q) O a aD C) y �J y m° oy C, r o y W �Z a •� r o m 0 � A � O w w a e y "661 s m 7 y./ O m m ody L91 C" N N m q <� W m o a v` L93 OR o N fD oon 0(D m m a N � m N O N00°34'58"E 107.48' w j N N142j33E 129. co �, A a < S00°39'27'W 292AD' n < y o z — >w� S00°37'S6"W 94.87' a d 611°5x56^yi 141_63, � q ° ' " '+C N003756E 114.09 r l ZgL �, N N00°37'S6'E 160.20' cn -� m �N ' w 1 L218 0 Sanitary Sewer and Water Main Easement-15 Page 72 Item#4. N00°37'56'E 166.73' p C(D (j9 N N00°37'56'E 163.55' Cr1p 1.21 N00°37'56'E 246.91' ix w C714 L23 Fi 5 N M y N00°37'56"E 190,97' c"D oti' j L117 r :E o � r m Ji A m a r of � N �p O � � N RI r-r � w i r- 1✓l —�_ O M O R7 W YK L91 Q CC A a Yam{ L93 w w M j m N V� V r^ ,11 i Wra W A N S00°39'27"W 292.40' a m (/} v w r w N I 1' j N N00°37'56"E 160.20' 1 to m rn L218 V w a 800°27'35'W 302.30' �� A r m 0N( N N00°37'56"E 319.80' r w °i Li 69 r. w (� L227 °' G �CL771 �r W `° o nO1i L173 co (37 L229 -4 o ' Sanitary Sewer and Water Main Easement- 16 Page 73 Item#4. S00°39'27"W 292.40' ° m — soo°37'56'w 94.67' 811`52'S6 Ly 141.63, A��^ CD m ' L9L"1 NDO°37'56"E 114.09 G G N00°37' b- 56'E 160.20' r L216 to w r (D .O a O co z P+ tp A N N O � A � r I 'J N .ri H r A 1L�1' L227 m O /_ 1229 Z IG C J l w r W A w O NOZ n m D � d N N m A O N NI. O O ~ )N)-rr�yy L23D f L232 M�M k � r > L79 N v N p Z G m Z Qp N N A m z N lit L233 m C o r N W fD w A N 7/ o (D N N O I mm O y ° fil i F, M 1 m N W B X � N loo S00°37'56"W 244.76' 9 r' W �:3r °'cp 9£2� p9LZ LL1 1190 Z- N00°37'56'E 249.33' �qL1 Qy1 N00°37'56'E 273.71' N 5Lh f � S00°37'56"W 244.17' w L192 z Crlr1 ►r�^ G L194 a V1 4 1 N z Page 74 Sanitary Sewer and Water Main Easement- 17 F#4. JIXY10 "? W N• W L218 t m � N N N N Q. too 1t O � W A M S00°27'35"W 302.30' o A O j w r4 �. Q N r{ co N N00°37'56'E 319.80' i r �j L227 N m N O w 4 N L173 L229 > A O O AO A Ili N A Ri fTl r N A N O m m O N W O L N J W A /� L174 N V V/ Q N L230 D W N O W N V L232 A Z A m W O O m A N (o m I N L233 r r G N r I A L235 r W L144 y� N o lj, m L148 m" W N N ,rx N ° r 800'37'30"W 258.08' A S00`37'56"W 244.76' �' r O N Og�1 A � L190 ni 0 8`1 N00°37'56'E 233.03' w N00'37'56'E 273,71' B >< '- ` 0 z L192 - W `J W V F) L194 a N c� N �� a L196 z Sanitary Sealer and Water Main Easement- 18 Page 75 Item#4. L190 m 6gy1 N00°37'56'E 233.03' ,p 9y1 N00°37'56"E 273,71' w` p L192 z s " G (D 0 N 0 N G L194 A a y ! N ' •J W r O M o_ r L196 Ill0 Y Z z N N L798 r II L180 y A N N cn mCC A /y K A N� f L182 OG m pNo f�0 NbN O o L199 o m A N N S00°37'56"W 278.03' L201 r S001371561W 298.03' GO f� r o m < �-' \ � ? m wcon G d• w 1--1 H y d rn Or N , r L68 �° `N° L60 m ! W CA m r 41, J N L66 L62 m z C/] L64 z Sanitary Sewer and Water Main Easement- 19 �P,9176 Item#4. LINE TABLE LINE TABLE LINE TABLE LINE DIRECTION LENGTH LINE DIRECTION LENGTH LINE DIRECTION LENGTH L1 N00'55'WE MOO' L51 S21'STOVE 10.00' L101 656°52'S6'W 20.00' L2 S89°22'04"E 9.49' L52 N68'OT 56°E 18.50' L102 833'07'04"E 10.00' L3 N00°37'56"E 15.00' L63 S44.22'04'E MID' L103 S56"52'56 W 84.88' L4 S89°22'04'E 20.00' L54 N56'52'56"E 75.27' L104 S79'22'S6 W 89.71' L5 S00'37'S6"W 15.00' L55 N79'22'S6"E 60.56' L105 N89'22'04"W 20.44' L6 889°22'04'E 80.49' L66 N10°3T O4"W 10.00' U06 N00°37'56"E 12.00' I L7 N00°37'56"E 15.00' L57 N79°22'56"E 20.00. L107 N89°22'04'W 25.20' L8 S89'22'O4"E 41.19' L58 S10°37'O4'E 10.80' L108 S00'37'56"W 12.00' L9 500°37'56"VJ 15.00' L59 SB9"22'04'E 34.69' L109 N89'22'04'W 28.52' L10 689°22'Q4'E 83.39' L60 N00'38'O6'E 40.85' L110 N23'07'56°E 35.18' r L11 S68'07'56'W 16.10' L61 S89°21'S4'E 20.00' L111 S66"52'O4"E 22.30' L12 N22°26'06'W 25.00' L62 SOO*38'061W 40.84' L112 N23'07'56"E 20.00' �Tf L13 N68°0T 56'E 16.10' L63 S89'22'OQ'E 54.79' L113 N66°52'04'W 22.30' L14 N22°26'O6'W 21.33' L64 S00°32'03 4Y 20.00' L714 N23°07'S6'E 20.72' + r L15 N79"20'05"E 53.15' L65 N89°22'04"W 54.83' L115 N23°0T 56°E 48.34' r L16 N66'S2'04'W 17.25' L66 800'38'06"W 64.81' L116 S89°22'04"E 10.00' L17 N 19°20'OS'E 20.O4' L67 N89°21'S4"W 20.00' L117 N00`37'56'E 21.87' L18 S66'52'04'E 15.55' L68 NOD'MOVE 64.80' L118 889°22'04'E 18.82' L19 N23°07'56"E 25.71' L69 N89'22'04'W 36.81' L119 S00°36'35^W 17.71' L20 N00°55'10"E 20.00' L70 S79°22'S6'W 70.60' L120 S89°23'25'E 73.67' L21 N19°20'05"E 53.13' L71 S56°52'56"W 72.21' L121 500'37'56"W 9.39 C L22 S89°22'04'E 20.00' L72 868°OT 54'W 88.44' L122 889°22'00'E 20.00' h�1 L23 S00°37'S6'W 44.82' L73 S79°22'S6"W 57.04' L723 N00'37'56"E 9.40' L24 N68°OT 56"E 28.30' L74 S68°0T 56'W 35.98' L124 S00'37'56'W 9.49 ✓rri L25 N21°52'04'W 23.21' L75 821°52'04"E 78.62' L125 889°22'00"E 20.00' L26 N68°07'S6'E 20.00' L76 N89°26 01'W 41.94' L126 N00'3T 56'E MY > -- i L27 S21'52'04"E 23.21' L77 N21°57'00'W 57.84' L127 S00°37'S3'W 9.55' m L28 889'22'Q4"E 14.81' L78 S68'07'S6'W 95.69' L128 889'22'00"E 20.00' L29 N00'38'09'E 7.00' L79 S00'43'03'W 17.38' L129 N00'37'53"E 9.55' L30 S89°22'04'E 20.00' LBO 500'37'S6 W 16.41' L130 N89"22'04'W 48.48' L31 S00°MGM W 7.00' L81 N89°22'04'W 25.64' L131 N00'37'13"E 10.00' L32 N00°38'09'E 7.00' L82 N89°25'OVW 38.94' L132 N89'22'04"W 20.00' L33 S89°22'04"E 20.00' L83 N89°24'02'W 81.19' L133 S00°37'13'W 9.79' try L34 S00°38'0OW 7.00' L84 S00'37'S6'W 75%06' L134 679'22'56 W 51.12' L35 N00°MOTE 7.00' L85 N89'25'0VW 20.00' L135 S6B°OT 5fi"W 83.88' L36 S89°22'04"E 20.00' L88 NOD*37'S6"E 75.07' L136 N00°37'56"E 10.OD' C L37 S00°38'09"W 7.00' L87 N89°24'02"W 18.00' L137 N89°21'S1'W 20.00' j L38 N00'38'09"E 7.00' L88 NOD'37'56"E 20.20' L138 800'37'56'W 10.00' L39 S89°22'04'E 20.00' L89 S79°28'30"E 116.41' L139 S89°23'25'E 80.24' L40 SOO'MOM 7.00' L90 SOW 01'44'E 84.51' L140 851°55'27"W 31.98' �k L41 N00°38'09"E 7.00' L91 S00°38'09"W 25.91' L141 N89°22'04"W 20.00' !I L42 S89°22'04'E 20.00' L92 S89°21'48"E 25.9T L142 800°37'53"W 13.23' L43 SOO'38'09^W 7.00' L93 NOD"38'09"E 25.91' L143 889°22'07"E 20.00' L44 N00'38'09'E 7.00' L94 N68'07'56'E 38.89' L144 NOD'37'53"E 13.23' L45 589°22'04"E 20.00' L95 868°07'56'W 50.50' L145 S89°22'04"E 9.80' L46 S00°38'09"W 7.00' L96 N33°02'18"W 10.00' L746 S00°37'56"W 13.23' L47 N79'22'56"E 71.36' L97 S56°52'56"W MOO' L147 S89°22'07"E 20.00' L48 N68°07'S6"E 42.71' L98 S33°02'1WE 10.00' L148 N00'37'56"E 1323' L49 N21'52'04"W 10.00' L99 S56°52'56'W 72.4T L149 S69°22'04'E 32.53' L50 N68°OT 56"E 20.00' L100 N33°07'04"W 10.00' L150 S15'66'58°E 46.13' FOX LAND SURVEYS INC. 19045 Easement.dwg Sheet 7 of 8 (208) 342-7957 Sanitary Sewer and Water Main Easement-20 Page 77 i Item#4. LINE TABLE LINE TABLE LINE DIRECTION LENGTH LINE DIRECTION LENGTH L151 N69°22'04'W 20.81' L201 N00°38'09°E 26.12' L152 N00'37'56'E 10.00' L202 844°22'04'E 61.35' L153 N89°22'04'W 20.W L203 N44'22'04'W 10.00' L154 S00°37'5&'W 10.00' L204 S45'37'54'W 20.00' L155 N00'37'56'E 10.09 L206 S44°22'04'E 10.00' L156 N89°22'04'W 20.00' L206 888'07'54"W 38.21' L157 800'37'56'W 10.00' L207 N21°52'06'W 10.00' L168 NOD'37'13'E 10.00' L208 S68°OT 54"W 20.00' L159 N89°22'04'W 20W L209 S211 52'061E 10.00' L160 800'37'13"W 10.00' L210 S68°07'54'W 22.27' r zL161 N89'22'04"4V 18.10' 1211 S79°22'S6"W 45.00' L162 N00'3T 561E 10.00' L212 N10°37'04'W 12.00' m L163 N69'22'04'W 20.00' L213 879°22'56"W 20.00' 7j L164 S00'37'66'W 10.00' L214 S10°37'04'E 12.80' L165 NB9°22'04'W 7.09' L215 868°07'56'W 33.85' L166 889°22'04"E 5.61' L216 N55°16'47"W 69.34' /� L167 S00'37'56"W 27.09' L217 889°22'04"E 28.04' ) L168 S89°22'00'E 20.00' L218 NOD'37'55-E 20.00' m t� L169 N00°37'56"E 27.09' L219 N89°22'04-W 28.04' L170 S89'22'04"E 8.43' L220 N75'11'34"E 45.56' L171 S00°37'53'W 27.09' L221 800°37'13"W 9.52' L172 889°22'00"E 20.OD' L222 S89°24'07'E 20.00' 0� L173 N00°37'531E 27.09' L223 N00°37'131E 10.00' O m L174 S00°37'561W 27.09' L224 S89"24'07'E 63.90' L175 $89°22'00'E 20.00' L225 N00°27'35"E 14.61' MFr4{ L176 N00°37'581E 9.59' L226 S89"22'041E 67.83' tz L177 S89°22'04"E 62.12' L227 S00'37'13"W 23.41' y H L178 N79'22'66'E 75.30" L228 S89'24'28'E 20.00' L179 N6B°OT 561E 77.28' L229 N00'37'13"E 23.39' L180 S00°37'56'W 28.10' L230 S00"38'09"W 23.22' L161 S89°22'04'E 20.00' L231 S89°U 281E 20.00' L182 N00°3T 56'E 28.84' L232 N00°38'091E 23.21' m L183 N00°37'56'E 7.50' L233 SO0°38'0OM 23.08' L184 N89"22'04 YV 20.00' L234 889°24'28'E 25.99' L185 SDO°37'S6'W 7.50' L235 I NOD'38'09°E 23.06' L186 N86°32'56'W 59.54' L236 S21°57'00"E 45.18' > L187 N12°51'21'W 37.72' L237 NOD'37'56"E 10.00' m L188 N21°52'04'W 40.34' L238 N89°22'04'W 20.09 L189 N21°52'04'W 35.06' L239 S00°37'56'W 10.00' z L190 N00"37'561E 15.75' L240 N00'37'56"E 10.0v L191 S89°22'04'E b6.00' L241 N89°22'04"W 20.00' -- L192 SOO'38'09'W 26.12' L242 S00°37'56"W 10.00' L193 S89°22'04'E 20.00' L243 S68°07'56"W 46.56' L194 N00'38'09'E 26.12' L244 879°22'56"W 67.60' L195 S89°27 04°E 87.53' L245 N74°24'147W 33.60' L196 S00'38'09'W 26.12' L197 S89°22'0,1'E 20.00' L198 NOD"38'09"E 26.12' L199 S00°38'09M 26.12' L200 S89°22-04'E 20.00' FOX LAND SURVEYS INC. 19045 Easement.dwg Sheet 8 of 8 (208)342-7957 Sanitary SeNver and Water Main Easement-21 MPg, 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Linder Village Subdivision Water Main Easement No. 2 Page 79 ADA COUNTY RECORDER Phil McGrane 2021-014151 BOISE IDAHO Pgs=6 KRISTINA LOWRY 01/27/2021 10:29 AM Project Name(Subdivision): CITY OF MERIDIAN, IDAHO NO FEE Linder Village Subdivision 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 I THIS Easement Agreement, made this 26th day of January , 20 21 between Winco Fnods, I I C ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); i 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 I 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: i (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. I TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. i 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#5. 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: WINCO FOODS, LLC STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 1 a3 (date) by t��ex-,C K' b (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 W PC t-C (name of entity on behalf of whom record was executed), in the following represent tive capacity: .Sr. (type of authority such as officer or trustee) O'TA.RY Notary Signature • — - p LZG My Commission Expires: ct 09r% Water Main Easement Version 01/01/2020 Page 81 i Item#5. i i GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 1-26-2021 j Attest by Chris Johnson, City Clerk 1-26-2021 i i STATE OF IDAHO, ) ss. County of Ada ) i This record was acknowledged before me on 1-26-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. I i i Notary Signature My Commission Expires: 3-28-2022 I I i I i i i i i I Water Main Easement Version 01/01/2020 Page 82 F~ e,FOX engineeringhw a, F. ..3 Exhibit A: -- Linder Village Subdivision —Water Easement No. 2 A portion of land within the Midway Place Subdivision, recorded in Book 1 of Plats at Page 33 of the Ada County Records, in the North 1/2 of Northwest 1/4 of Section 25, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, a portion of the Grantor's parcels (granted under Warranty Deed Instrument No. 104009792 and Warranty Deed Instrument No. 11106778) more particularly described as follows: COMMENCING at the Corner of Sections 23, 24, 25 and 26, monumented with a found Aluminum Cap as shown on CP&F Record 2017-072470 from which the Quarter Corner common to Sections 24 and 25 monumented with a 2" Aluminum Cap as shown on CP&F Record 2017-072469 bears South 89' 22' 30" East, 2669.54 feet; A. Thence South 00°55'10" West, 1328.81 feet to the Southwest Corner of the North 1/2 of the Northwest 1/4 monumented with a found 5/8" rebar with cap "PLS 7612"; B. Thence along the South line of the North 1/2 of the Northwest 1/4 (the North 1/16th line), South 89025'01" East, 48.50 feet to the Easterly Right-of-Way of N. Linder Road and the Westerly boundary line of said Grantor's parcel, monumented by a found 5/8-inch rebar with cap stamped "PLS 7612"; C. Thence North 37°35'10" East, 408.28 feet to the Easterly line of a proposed Water and Sewer Easement, the POINT OF BEGINNING; 1. Thence along said Easterly line, North 21'52'04" West, 20.00 feet; i 2. Thence North 67°57'32" East, 59.53 feet; 3. Thence South 89°20'01" East, 213.60 feet; 4. Thence South 00°49'57" West, 33.89 feet to the proposed common line of Lots 2 and 12, Block 1 of Linder Village Subdivision; 5. Thence along said common line North 89°09'10" West, 20.00 feet; I 6. Thence North 00°49'57" East, 13.83 feet; I 1(1/<I�ei i a25e4f1f'.ii3 J\i ) 2 3020 04_1A 680 S. Pr%),re_;s "�,ve" Suite tt2B o Merk_-Han, Idaho 8'3642 fe+ 08 3 i.� /95 Web: hn-Ji 11c..corn r.t luo/ to=.?porY +mill �frip 'ie". Pa e 83 9 Item#5. 7. Thence North 89°20'01" West, 185.44 feet; i 8. Thence South 21052'04" East, 20.54 feet to said common line of said Lots 2 and 16; i 9. Thence along said common line South 67°33'54" West, 20.00 feet; 10. Thence North 21°52'04" West, 22.25 feet; 11. Thence South 67°57'32" West, 39.35 feet to the POINT OF BEGINNING. Containing 6,100 square feet or 0.140 acres, more or less. Please reference the attached "Water Easement No. 2"sketch. END OF DESCRIPTION. r r . "t i' e +i Prepared by: Timothy J. Fox, ID PLS 7612 Senior Project Manager ; nv/�✓��. TJF:JR �.�d'�i• �r` i i CAUsers\tfox\Documents on this machine\I INIMProjecW20006-01 Linder Village\W1NCO Water Main Easement\Water Casement No 2 2020-04-14.docx Page 84 Item#5. cl 2 Co o Lo co C) coM O N C) !W� W d m O — (N Clq O O N Lo W J �D � 4l M z N M O _ ij- N j- p (`- cc�� —' I— C) M Ln O tv O (Y) Lo C Z Z Cn Z Z (o Z Cn Z o Z M V N N O N OR �QV Y 0 -1 co 00 z o 4-1 z co 4-1 v E Ss�� d W rj w +1 U) @ Q Q j j) H LU CA LqIV,J LU ��— C' Q Lli�� F co W m LU w N ® � / � 01 o2A�, Wz O O c� ® 2 o 1 dwZZZw L �zQ�ww z a m�cwnz Qw �E= z r� 1-7 - 0 0 W p ¢ rn � ' d w N OD Z a a p Q c ; � F z E 1 f 1 > w N 68'8ZE 6 M,O1,99o00S Zt9LSl i > v w w 1 Q Q m crv®-I Ua 'I `N I i cn c) w z . u m z I 0®� a o Page 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Bainbridge No. 12 (FP-2020-0016) by Brighton Development, Located on the South Side of W. Chinden Blvd./SH 2O-26,Approximately 1/3 of a Mile West of N.Ten Mile Rd. Page 86 Item#6. E IDIAN:--- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: January 26, 2021 Topic: Final Plat for Bainbridge No. 12 (FP-2020-0016) by Brighton Development, Located on the South Side of W. Chinden Blvd./SH 2O-26,Approximately 1/3 of a Mile West of N. Ten Mile Rd. Request: Final plat consisting of 59 single-family residential building lots and 5 common lots on 11.71 acres of land in the R-15 zoning district. Information Resources: Click Here for Application Materials Page 87 Item#6. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 1/26/2021 Legend DATE: 1 . 0 I�Project Location TO: Mayor&City Council - e FROM: Sonya Allen,Associate Planner ® ® !! 208-884-5533 ® �� SUBJECT: FP-2020-0016 - ® �� ® J EF Bainbridge Subdivision No. 12 LOCATION: South side of W. Chinden Blvd./ 3� ____ SH 2O-26, approximately 1/3 mile west of N. Ten Mile Rd.,in the NE 1/4 of Section 27,TA.,R.1W. ED I. PROJECT DESCRIPTION The Applicant proposes a Final Plat consisting of 59 building lots and 5 common lots on 11.71 acres of land in the R-15 zoning district. This project was included in the Bainbridge North Subdivision preliminary plat but will be constructed as the 12`h phase of Bainbridge Subdivision, the development to the south. II. APPLICANT INFORMATION A. Applicant: Kody Daffer, Brighton Development—2929 W.Navigator Dr., Ste. 400,Meridian,ID 83642 B. Owner: Brighton Investments,Inc. —2929 W.Navigator Dr., Ste. 400,Meridian,ID 83642 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2019-0074—Bainbridge North)in accord with the requirements listed in UDC 11-6B-3C.2. Because the number of buildable lots and common area is the same as shown on the approved preliminary plat, staff deems the final plat in substantial compliance with the approved preliminary plat as required. Page 1 Page 88 Item#6. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VIII of this report. V. EXHIBITS A. Preliminary Plat(date: 6/6/19) BAINBRIDGE NORTH SUBDIVISION PRELIMINARY PLAT A PARCEL OF LAND SITUATED IN THE NORTH 112 OF SECTION 27,TOWNSHIP 4 NORTH, --Na .uvIa RANCE 1 WEST,BOISE MERIDIAN,ADA COUNTY,IDAHO l�� d —-&JN&JDGf 1�4P1H wBNYiS�N vRFau1 )f 6WM1OMY R a d O OO y0O O© 5 04 2 7 1102 00 g rt Q ® CG SVRVEY CONiROI"QIf.'nwwnm oa an un. O ki i p W427210150 NED ®®®°'Fo0® ® ® ®eye o r R-n a ® OOOD0JO is SO427110350 P 40 wu WARY Rrrt mrtcaramucmn �"��'�""� RAIN6RIDGE NORTM SL1601VISION �narn-o...- IAERaW{IMIIO PP3.0 Page 2 Page 89 Item#6. B. Final Plat(date: 12/3/2020)&Privat Street Cross-Section PLAT OF Bainbridge Subdivision No.12 A PORTION OF THE NORTH 112 OF THE NORTHEAST 1/4 OF 5EUIDN n, I-- NO-.RANG!1 WEST,9.M., N CIEY OF MERIDIAN,ADA COUJ ,IDANO 7000 �xaixe'A ls1E xp5+Ldxi l SOP�2"TS"w ja a n�iw n 3edf:,'�100' xu ePEE xn a3w-aeus l f�� SHEET INDEX -ah nLF sumrssnn uv+Wo LFwa ]x xasiY]S'IYM `` eot a-,aw 13 SIEEr9'2�-RTNL PUT WP ]D (11q�� xLxS' W.Oiden Elld lHW'nV'Ml� iTxxt#g -- n x 9EEE 4-CE FT TE OF dR,ESS MO NM g n•cT e-cERNErArc!No rrmv.•Ns iE REFERENCES eLao[33 (;� � I x,.vi],Fg i9an-i8.a].eRECO1R3 Di/M+000m,19Y16 OF,aao P o�xosawa�[w�9ROG1,1III N u 1 R5.Isx.m OF sLm[v xa.ttp,q xECOxOS OT 149 xyOm,i1V10. 1YSS1Y W.9irtr RYarLn. RIB RELOAD OF S�ft.114M A"M d rM MMY,E W w.snx.rxrv.ru�• u.ez' P41F'N R�r.e,. w rcxw or 51—M.,xeez xsmws of xiA muNrr,nwa I�*N'xN11 axn woos Nxwn wu. wmw mo Rs.Exma—Rsmxltsr wF xa,a-xxaeax.sa,x-Exox,s �y 11e fee HOP1x5'0.7A E ®Vo ® ®® ® q aem' A -m sWxWx.. 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S 2., n1ESYst .n ITUNND IWO IIUI�PORINN wAr.Ir �_€€- 6EMErI4EA 8xe4NU14n "5- s� S , nea unr so:sr,se NI,Hoot sox• U ■ ' m N s ]xsa u.�s ,sr«w• NNvr•at sa«' rouNR s/e'xEaLR e cry waREo FBE LOTEDE➢OIHFRASE 1 P � ® � ns ]ua u.rr ,r«•!r nevnax zr..s• n cIA ,F.N' sA.Tr ea,Yx' eeTz,•IIt xyle' /WNO,/2•REENI•,TR P STC CIV RunEo b 'JIH ]I9x'.I•x.E 9 NpTEp OMERY6E ® V' ® CT RJ CIS ,Rea' s7m 14WIr r1H'uwii 30-.5' ■ W 5/3'REw 11EfH PIASI,C CN'WRNID d6 iam' iAE ,.71'N•Sa]1xVe•• -04' JIB 11R59• Sa9•tY3R"E R ,a G•] mm' Sx.9+' T>>y1' %m'xe�m-x x�• ea.00' NDP�x'!II•E Ery • SEI,/1•REBW R1TR PUSTW Cw IEIRrcm rO00' E,6 �' i.OT tYffi']]' 9SIE.P[it l 'µa ]a9x• IN Nm' sx.9T _ n]avlvt ol_v sEi ewes In.F,___.—T) e® ® ®® ® •s.'A' ,aex•xevfE• 1]-mm,m_ ° IUA[EO'N9 Pu^,x.SB' Non•a2'u ® ]sa' „x1x•ex•,rax Nlesrlxt ,o ate•INS � �.RN fYI,A [WxIFR_9ET aNR343 RLIN,]PIS (M ® IINl RAeI[ xIWRT]AIWIIRil'N9 u• M9'[Yf x[nE W.Sunrymwln ,8 CN aN3T 11 a cu..e.rrm w.n IRP51•Y F y� !1 'uee'[ ® 16,NLMEA ��O Ri �29.® �a ® !"9 CJ e1MYn u �eav'�xw x 6ui°R94E suuW pm W 11 LOT mmm V suaorwnn RaWaw vNE DEVELOPER MEBRIGHTON CORPORATION NSAflG a.uNE CT 4e MERIDIAN,ID kin u,E W.IwS Reryel b. -------- ERSENExT FNE yxFl uxe d S S8 ENGINEERING �� a xallRuuuuh�� Seh6rMm yry�V�'� Y�Y�,� �C.6w E2-y'daz'° Page 3 Page 90 Item#6. PLAT OF ___m fib Bainbridge Subdivision No.12 „ L n - �eeear I*n+e,oe __ ,a01i2a iaw ~\sevuz� � SlC,TSE'E �vm � �I a p= ----------- � FnoE,rs.T � ------ - -- - ate awa - ----- -- .. sewa _.oar 1 e a w.Eo euuz33g .ppp 8-n.ec ,� �11 '"'• -; `+'�(�T oaf g R S a a e$x a i a3 I .I� a� ® Fp © pry d % ® r ® iiw .��yi Y® :a w,e•' -' BRIGHTONCORPORATiON km - r- ..�u w,cx unc-sa sxccr a li u PLAT Of Bainbridge Subdivision NO.12 N ___ ______________ ,",a uxE-s- --x ____________� r__ ___-____________i__________ ® � I I - -' �i` q I �S w me , n zcE I Er,W a �e.eq�uLm oEVEWPEE L7— SWHTONZORP ORAT KM wmT 12459 Page 4 Page 91 Item#6. 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DN .ID�FFi A1RAnlW 0.INInnDI{A9 W FLATS raA RL�NfK�sTnL u�n FL.Trtn MFRLw•vENmP n mFwwnE��m m[mAPT v wino V�AL u�J Ion S ST Rc,A,uNe[F xoTlm Naue IrrN.1 L.awArm.RLs ss.eN 12 59 N.emrwol A., �'vyT L1" ENGINEEEING DEFELOPER i SRIGHTON CORPORATION MERIDIAN,ID Page 5 Page 92 Item#6. 01 �s AA'TYPICALLOCALSTREE SEnONRV.SIINNYCOVEV.YN_V NMLN,NY,SILVER RIVER LN_I F 2 a &B�TYPICAL LOCAL STREETSECTII)N IN.VICENTA LN_PARYI NG AREA] 2O0 ~ sup[m Z inC �z mz o„ Q ow -� o C;:MIULALLEY I PRIVAEE] Im ■1- ■ ■ Page 6 Page 93 Item#6. C. Landscape Plan(dated: 12/3/2020) jyg�,By ouNrsrHeou� 0..,„.. _U R o a 17,':� ---- iH111111111111H1 , 1tl1O1L�, ^'I Jk; i � \/ �� •-�`_--'- -=_ _ ---_ __- mEEuuuunora°pTRE�/saoos�}� rj>LANDSCAPE SIon ITE PLAN ¢ v 4m S1RfETniEE CILLCUTAnON5111PEE/351F7 VIMU0.ON REQUIREMENTS _ TMLTREES REOUIREO/PRWDM L1.0 - ® �a - --- - - - --- --------'--- km i Cil m° 9 a. 5 ---- -...�..:1rr- y - ---•I.'� __--- w,�..,,��-.. mw A¢�.w,mw,m orw �1 LANDSCAPE PLAN ! L2.0 Page 7 Page 94 Item#6. I ® o I I I �• 1 I I m ____ ____ zi _ ® Z I � �` r.mEZTTM.W,Twm..wmmmwx 2 , I ma amm�_xm u, ' --- ---- { ,w.a ex.,n m.nxumw ®.xx o I . ._.. - ,�x,.x.. ........,. _ - . . ,ate. km nI LANDSCAPE PLAN _ _ uxwa_ 1 tl _a.. ��E aa3 Ll 2— E axTdd �� i f f� L6.0 Page 8 Page 95 Item#6. D. Open Space& Site Amenity Exhibits .—.—.�.—.—.—. . .� '�' .fg OMN 5PACECU-GUUTMN5 . E.. o �•�8 -- us -71 ® ® ® ® !!1 0 ®I 9AIN9RI�6E N6.1]OPEN SSACE GLQIIATOHS �E i I � I I a�a I g I ® c � EI ® 9b@9 Ali ® >- y�y{ ® ma n ----------- Sol BAINBRIOGE NORTH SUBDIVISION NO.12 OPEN SPACE EXHIBffk I .a E 1.0 Page 9 Page 96 Item#6. wlr�fan ullW�a Orr LiiNai�rry tlr,4�54R-0vMS^W �YW.(�rir Wp1Wr,L4�.M1i�r u�rp •W W r�MYIYYY W M W.r Rf r'I W+Y i++}�PrW Mrrr! rMraanlr�vrYr rYF Wr W,1lIr M!,dl�iAw.R �:.�� { all PJq Ff v4+•Mrl.wfNVF6rMAY1rHa Fl[[iMW . YraY«i«.wr r.r�Yx rrrdva l6 trh.3 WIYYIA F rr alr�u L Yl4LII NW. ?areal Narcei F'arrxl raarrel �•�••�'"'•�""""'" 1114 Ills 1116 1117 kilOCk 1 Block 1 Black 1 Black 1 - Let 114 Lot 115 Lot 116 Lot 117 so 7&J SnE PLAN SITE PLAN 1,•,,. a-iaa Page 10 Page 97 1; 0. 0 Cl) ol C, ----------------------------------------------- ------------ ------ - -- A I KEY PLAN 0 ................ ......................... ............: .......... .... -J MULTI�MPOSF F"7Y HAL In ISEN GYM �Y ME o ERRS.. T!p .0 ------- ----------- - ------- FLOOR .............. ........ PLAN A-111 ARIPLANOVERA (D Page 11 FUJI ......... WEST EVATFON min 0 G FEE I M [FF TTI 7.U L .71 (ASTIFLEVA70N EXTERIOR ELEVATIONS -EI -211 IFIT ELEVAT10F, Page 12 Item#6. E. Emergency Access Exhibit NA OPEN SPACE CALCRATCNS n•�n wTb+ LEGEND 9 ® 8 ® (J A e ® g 1 u Emergency a Access � e ee@ ® ®: q u�i a ® - z BAINBRIDGE4 NORTH SUBDIVISION NO.12 OPEN SPACE EXHIBIT WSW— Page 13 Page 100 Item#6. 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-2019-0074—Annexation(Development Agreement#2018-047368), Planned Unit Development,Preliminary Plat—Bainbridge North Subdivision). 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(on or before October 26,2022), 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 KM Engineering stamped on 12/3/2020 by Aaron L. Ballard, included in Section VII.B shall be revised as follows: Notes(Sheet 4): a. Note#1: "Minimum building setbacks shall conform to those approved with the Planned Unit Development(H-2019-0074)a d as required allowed by th-e-UDC 11-7-4A.2 and with pff the standards listed in UDC Table 11-2A-7. . ." b. Note#12: Include the recorded instrument number of the sewer and water easement. c. Note#19: Include recorded instrument number for ACHD license agreement. d. Graphically depict zero(0)lot lines on the shared lot lines of those lots that have shared walls as shown on the site plan approved with the planned development(i.e. all perimeter lots along the north, east and south boundaries). All other side lot lines shall depict 4-foot wide Public Utility,Drainage and Irrigation Easements on each side of the common lot lines. 5. The landscape plan prepared by Alyssa Yensen, KM Engineering, dated 12/3/20, needs to be revised prior to signature on the final plat by the City Engineer, as follows: a. Depict landscaping adjacent to pathways in accord with the standards listed in UDC 11-313- 12C.A minimum 5-foot wide strip of landscaping is required on either side of all pathways landscaped with a minimum of(1) tree per 100 linear feet of pathway with a mix of trees, shrubs, lawn, and/or other vegetative ground cover. Note: The proposed wood fencing with I"x 6"cedar overlapped pickets on top of a 4-foot tall berm was determined by a Sound Engineer with Phase 11 to comply with the noise abatement standards listed in UDC 11-3H-4D. Therefore, the same shall be allowed with this phase. 6. Parking is only allowed on one side of the internal private streets;the opposite sides shall be signed "No Parking-Fire Lane."Parking should be provided on the sides in front of the alley accessed units rather than in front of the patio homes with front accessed garages. 7. No parking is allowed in alleys or within street sections where medians are proposed; install "No Parking-Fire Lane"signage accordingly. The parallel parking spaces off the alleys are allowed. 8. Private streets within the development are required to comply with the design and construction standards listed in UDC 11-317-4. Exception: Alternative Compliance was approved to UDC H- 3F-4A.6 to allow the common driveway off of the private street; to UDC 11-3F-4A.4b to allow the development to exceed 50 dwelling units in a gated development; and to UDC 11-3F-4B.2b, d to allow 29 foot wide private streets with parking one side of the street. Page 14 Page 101 Item#6. 9. Alleys are required to be constructed in accord with the standards listed in UDC 11-6C-3B.5. Exception:Alternative Compliance was approved which allowed the alleys to be designed so that the entire length is not visible from a public street since private streets are proposed within the development. 10. Off-street parking shall be provided for this site as set forth in UDC 11-3C-6 except that Alternative Compliance was approved to UDC Table 11-3C-6 not requiring outside parking pads to be provided for single-family residential units. 11. All attached structures are required to comply with the residential design standards listed in the Architectural Standards Manual.An administrative design review application shall be submitted to the Planning Division and approved prior to submittal of building permit applications; one design review application may be submitted for the overall development. 12. Provide a minimum of 80 square feet of private open space for each residential unit as required by UDC 11-74B in addition to the common open space&site amenity requirements in UDC 11-3G- 3. This can be satisfied through porches,patios, decks and enclosed yards; landscaping, entryway and other accessways do not count toward this requirement. 13. Staff's failure to cite specific ordinance provisions or conditions from the conditional use permit/planned development,preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. Streetlights are not required on private roads. The City will not own or maintain streetlights on private roads. A reimbursement agreement is required for the streetlights that were installed on Chinden Blvd unless otherwise determined by the City. Contact the City Transportation and Utility Coordinator for additional information. 2. Adjust the storm drainage infiltration trench in front of lot 146, 147, 148, 149 to the east to eliminate the sewer service crossing at lot 149. General Conditions: 3. 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. 4. 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. 5. 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. 6. 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. Page 15 Page 102 Item#6. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 14. Developer shall coordinate mailbox locations with the Meridian Post Office. 15. All grading of the site shall be performed in conformance with MCC 11-1-4B. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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 Page 16 Page 103 Item#6. 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. 21. 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. 22. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 23. 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. 24. 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. 25. 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. 26. 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 17 Page 104 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Final Plat for Stapleton No. 2 (FP-2020-0014) by Conger Group, Located at the Southwest Corner of W. Harris St. and S. Meridian Rd./SH-69 Page 105 Item#7. C� fIEN , IN1, IDAHO PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: January 26, 2021 Topic: Final Plat for Stapleton No. 2 (FP-2020-0014) by Conger Group, Located at the Southwest Corner of W. Harris St. and S. Meridian Rd./SH-69 Request: Final plat consisting of 63 buildable lots and 8 common lots on 10.6 acres of land in the R-15 zoning district. Information Resources: Click Here for Application Materials Page 106 Item#7. STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 1/26/2021 DATE: Legend RUT R-15' 0 Project Location TO: Mayor&City Council R"g R-4 RUT R-g V FROM: Sonya Allen,Associate Planner 208-884=5533 R-4 WESUBJECT: FP-2020 0014 � Stapleton No. 2 R-S LOCATION: Southwest corner of W. Harris St. and S. Meridian Rd./SH-69., in the SE '/4 of RUT Section 25,Township 3N.,Range 1 W. R-4 I-L RUT,rR-4 I. PROJECT DESCRIPTION Final Plat consisting of 63 buildable lots and 8 common lots on 10.6 acres of land in the R-15 zoning district. II. APPLICANT INFORMATION A. Applicant: C4 Land,LLC—4824 W. Fairview Ave.,Boise, ID 83706 B. Owner: Same as Applicant C. Representative: Laren Bailey,DevCo—4824 W. Fairview Ave., Boise,ID 83706 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. Because the same number of buildable lots and amount of common area is proposed as shown on the approved preliminary plat, Staff deems the final plat in substantial compliance with the approved preliminary plat as required. Page 1 Page 107 Item#7. IV. DECISION Staff: Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(date: 1/29/2019) PRELIMINARY PLAT FOR slEEfrnoo[ Lo S IN P NE SUBDIVISION LOCAIID N THE NE I j4 OF THEE 1J4 CF�CIIIXJ 25 T\]wRL911 P 3 IV[]RTH,RNlGE 1 W6i,0..AI. � MfRINVW NM COUNTY,ILW10 Pf>.3 °aunwr 5nm fionr[5 _ ___ is —T7 'a.. tl�3 a pEj R i`, • u�=3i ai _ 1 PbpTPGlW x �� d f SPTS4(d'E f � lE I � e c � 3 tl1R1E TnBIE IDI SILYlRY - 1 !r L—a f J �i ii Ip I r-� � . t n m 1.1. = e E; RuraaEn rpe sraalETow uc �I r�— � � I� .. •.�• muwEart.�ou nvE ' I I LQ°fiI IYRCAL SECTION - jgBT -- •�..aw � JU — � r�lsxw x®zrlsw d x I181• 652I i.a...... ,.ix a ii.�, � kx: I . SIREET9ECTplATENIPRYCE:-1� -. ll'TYPICALS'IRE£T?ECT10N;1•, TT��SIE�H��.� PP1.0 Page 2 Page 108 Item#7. B. Final Plat(date: 1/5/2021) STAPLETON SUBDIVISION NO. 2 B0OK—•pAr_F - LOCATED IN THE E112 OF THE SE114 OF SECTION 25, T.3 N.,R.I W.,9 M.,CITY OF MERIDIAN, ADA COUNTY,IDAHO acm.a �+1arelcv Aura q� `un 202I n ,a„r so�.os•E+xurg as7sm•e----_ a w.erenssr- -- - --------- ---------•—'-�---ss�zrzrE iv�aor-----—'---'------•------------ r.�z•r v.a.�3 •..nermze•w�xs.n• xer�vsrw,�.�;--- � , �.w�rrrm •�� w.nnro 1 w.wear wwru� 1 ---- ' N 1 �wa*rrp ; �� . •I e cn,aTiEv naemavx aF n.rml6e ursau. `� ��' � s �-- -- - -rc�•mrw mesa—- -- -- '�S lxav Jaw iasar .. +ice uvF wvurs,v�.cesf,ae ..+m s.�v,�uraver.-rmwo wwsr rrm.,,�,• snnnw, a nectar,-vHs�:r.-., - M sees�raoFefae.ww�+rw roveeRr l�1r� 100 1 wx,u .no cwrvt awes .. ... .. �n�mey wr w.ea�urm��ix+�er xnrcris�iiai��auk� r�ie�f,r=xrs�n�A [ems SEE Art[Ta 0�6 FQC OF�Ff/E.KH•u 51QGf[YE4tli . �V�� ea5uami.rnnAOm Srcewlwc E.�nevr 4vIN .. ... __ .e,erwwuc°`.xm" w 'evmr sw.een.e�c+mwoati<a...werxr rerlm.�,e. WASH . .. �ra��w.x.a.r•.r.Rrrr•�r.,,,r.�rx. r-�,,,�,. h 203C S. G936 AVE. EMMETT,ETT ID 83fiI7 (208)M-8104 vw+ .�..,... I•rr .. .,.. TV[JI FAx(208)39H-8105 un xuc��x,rnrr u.. �m ^'°".'A xe�o �;r �,.:. "x•„.2� �.�. 1-oaa��ur✓c �!�WWW.-CAWTOOTNL5,COM ,rmarmxvx.n......x x,r•_,..n c_w�r.mae neoww I OE6 1ltW! AyC9r R9 !�! 1�1� Page 3 Page 109 STAPLETON SUBDIVISION NO.2 BOOK_PAGE --—-------- ----------------------------- 7m-- fay 4 A �F- L -j L 2 —5 WAS AVE. 19 63617 (208)39&8104 FAX(208)398 www.'AwmGTHL5.cLlm —1 zxr—� STAPLETON SUBDIWSrON NO.2 BOOK—,PAGF--. A It di ki qL looSW [NCTZMAVE 195 �ID� I FAX(208)3 98-8105 f-'�-,WWA4*M0THUC0M 7z- Page 4 Item#7. STAPLETON SUBDIVISION NO.2 a00x—,PAGF_ -=— mar---wuz. ---------------- 106, ti ----- sn,n•Aruw�ns,osu xw sxxn�,. CST T��mi'o-�xrirmF'�ri f 20305 WA43MGTON AYE. M EMMET7�10 BU6I7 10 >3 (708)398-3104 �+ AZL _f/FAX(208)398-8105 kw.�mC ,ss.wc Mx. "'�"m�•,",•°` Gail 5ur✓ey rr,,,!C WSW 54VITOOTHL5,MM Page 5 Page 111 Item#7. C. Landscape Plan(dated: 12/18/20) E + . W.HARRIS STREET FUTURE 9TAPLETON SUBDIVISION I � ��' PHASE q � h� _ - 1 I..m _FUTURE BTAPLETON SUBDIVOION PRA , f V Zo C — � _ _ :a= 2 4 m � L) FUTURE ¢ (/J Z STAPLETON ' SUBDIV181ON PHASE O � F STAPLETON W suBuivm qN J N J --- - PHASE 1 Q wD 2 F a E fn a — j -� 'll I �••pVERALL PLAN L0 • m W,HARRIS STREW VA ,1 se u s1" s� si RADrANr RIDGE Z 0 d o_ z _ C a PLANT SGHEGULE � a � - I d¢ Q it m� r g s I o u .... —.._. J � v I J ' a a a ' f`OTES W.HYHDAIhN STREET31 :n »xrxro xxx.n. o.,•`."`.'. 'iii— KEV MAP _ '~ ;. + + 3 3 _ — �.�t._- ® L1 Page 6 Page 112 Item#7. PL^_M1.I SCHEDULE y W NdRR15 Si RCEi MEN z o � : . �2 z a < '" NOTES Q 0 Wa ,Ig w.npolA rnloce oA O mm. W a HJNE L2 u O - ` U 1 MA =L8 , KEY MAP - L2 UNPBLpPE PLAN - L2 FFPLANT SGHEC�ULI A CH LfTCLM L3 Mil o ,ten y y W.HYNDIA-STREET e .' W - Zx pa z Lu 11* s n m W U o z / J vWi � O fn a a 0 KEY MAP L2 LANDSCAPE PLAN L3 Page 7 Page 113 FL.ANT SSHM;IJLE vl�'.7 i;lil%'�11111.�� "MurMM, I'Lill"I'l W'Wil.V JEIi MIJ111.1-III T'I IIIIII.-TAKI— cc r-11 .......... CIO .............. 4L LLI M T LIT eEo1 L4 MOE` Z 0 z 5 < 0ENTRY OATF-11ARK41LI—IRGUNV (L 9) 0 z _j 0 T__ LLI _j Zo v co MAINFFNArGF FNFF_AN6F UtiNrFNW.FFHFIi L5 Page 8 Item#7. D. Site Amenity Details PROJECT AMENITIES As the developer have researched and interviewed homeowners and followed the city ordinance to plan the most productiveamenities for this area and thisdevelopment. The amenity package exceeds the III uirementofMeridian Clity Development fiode,which requires that the application have two amenities,one of 10 required open space and a second that meets the requ i rements of city cod e_We are proposing three additions[amen iti es for a total of fie including a regional pathway extension and a neighborhood park including a play structure, climbing dome,swing set, climbing rock boulders,half basketball oourt,and seating areas_ Proposed Amenities: +4-1WN FENCE Large Ha If-Acre Park-The h alf-acre park ,VilI contain the following recreation _ �# 6h5Krt76�L i 6r6 WHEELfacilities: COURT TRAZIS Enclosed Fencing for Child Safety 3 49 Basketball court _ Play structures - S% lng4 < ;ENTRY#9 Climbing:Rocks and a Dome Structure IFOR Big Wheel Track 541iwC+a--� so hoo Scenic viewing area wf bench seating - Attractive landscaping and pedestrian 1 +^ pathways f3TRAJUU9r � `f DOM�i G 1. o Dog Park DDME Fully FenoEd P*weIIIc2� aII cuMaEN Double Protection Gate BOU4E75Rr Seating Areas o Pathway- A 10'regional pathway will be provided at the +J southwest aornerofthe project area.This pathway wills •ILI connectto proposed pathways in other previously approved developments to the west_And will provide a regional connertiontothe retaii and commercial - components ofthe Mixed-use Development_ Along Meridian Road nearly 1,200 linear feet of 10'Regional Pathway will also be providedthefull length ofthe project -- I . from Harris Street to the southern boundary of the project. Page 9 Page 115 Item#7. TOPVIEW � ® FOFKIOS AGES 1-12 PON GENERAL NOEER WnE 5Ne P d.�aq Wall wl Talesw'Ge . Rlae 9taim Gp4.1 72" 1. 6B' Betllack gfk ulhla rrramm L � � +--r—tr was smv Rwf Firepole ValFal 38" l.etltlLi Rbbd L J Pyremltl Roof oue&id Tum e Transfer slae� S1RIlLRIPEw',R35AFF1FA PI-1—I➢P20PE5EM PLAYCRA 1.. M7:9/If IDIWWN W.TNom-¢ AN.OSE ZONE M K 33 Lc DgRecreation SW NEW ®F 5.1. E VIEW ® FSI oNEs/1(m20¢a£ NHY.Rvn�a Page 10 Page 116 Item#7. SW VIEW ,wvi SW VIEW SIIIIKTUPL:fRE4C1910 onic.E9/Vmxa I oxaww ai':inrnm Page 11 Page 117 Item#7. swr, 3S 4p., ga• 1C 3YI 12, Pole steal be Dw9rLxM or 3 =':.::_=i d ameler RS4a Tkm oaared gahamed EIEe Wtirg•Mtr an E p.wall Vkknes- DeMp EMI aEater.gmEe-cf:-._: :a ID%v Tor a W buy InW the ground and a W e7CEr6ImIoT Ule front oT Um pole 1D II1e TaCe of II1e Ua[dJbald.TA'7'_ :'"=I�13�110�4 d]a�tl goltan Ztd:l)dlla C�d�'b snail SJppat��atrYa bwkbcard and;nrre--drEa ti:_"•::_�Ie shill be dagglec E:".r.:hE 7m rnLns dl-L—^- to Ire ndmlrrd pole section 1N P LnebaClDmrc M ellr.}=:=::-_:: Y1e badlboard dudre:_,.�oesrb:r etm;.)ockMardsjppatbrdcasahall nv)l n COrS def=�eq".Pde rmi :3 ' -Lr5 &C- lrr--: Backteab steal D�E wrsiucLee o';as: .... .. :51.7 x c=•- ;:ec PtRAR :. - --'E-nlrlmu pl r allrgS Jrraw hckress sha be 3AF.Armnur.-:3` s..p..r ros Ehal o==x<. -rear�f --:7a3l:rl:�KneEE or'1e wUcard snail be 1;.T.The tadLoar r sral to ma[aJ vats a r'.��_:;� �=: :: - - - _ ::a:�t 'n Eh and nawE an drdaF612EC o!d•Ig'_EYp00E'E Egr.afE 31d tt0lder.eadiW3N Era :i-- - v. - _ --.- =T EYV3 be�LY x ancfM43lsgS•E•danele'Pl.^,I-Did call drawn eabonsbeel9rg'.cl;rmviLom3,.1rs'3—,- '=: ksnadxn r}lcn rwt prdOed.�.eackpYate gall be a n inlarm M F rrkk Rim shall be wpported by a 1 2-dL3re:- m m—fax—.I+vmng r arvrsre steal be Inc Jded.Rmshallrady a 1-pealhtl dwaianty,ha'eai warms pmbrWco3ted T.i>-=rd ce rade Ir tre UrA hEUWUDn n be Dort-pletedlnaoeardancewM rnanurj=xWs lnstrlcOmmi. Dorwt"edrewlrgw,'_rllre Eys-.efn"wEkX1 approAM31 ly 179#. • PRODUCT SPECIFICATION >,--TCLCIi-].TY FFMM blLk1HLl1 Fdh GOC6l3ECK PLAYGRNM SVSTT3t 603 L Skeet,Lhmhm,H E 6W&-Phom:(000)247-1668-Fax:(BOO)63 OMB-xvw.bisonnc.carn-in sorlinc.carn Page 12 Page 118 Item#7. E. Common Driveway Exhibit ---------�� ----------- TREAR ZERO SEaA.OK Sz60 LOT LINE ? 2OA4' FRONT I �SEiBACK �^-�I 63 24,04' CUMMON ZERO 5ET&ACK 12.04' REAR DRIVE LOT LINE 59 ! LOT 57 TAkES ACCESS SETBACK I———————————l ` I FROM RADIANT RIDGE -——————————— ti DR. DRIVEWAY LOCATED ON EAST SIDE OF LOT. 1 \ 58 61 � J \ 64q JJJJ`` — — f J W RADLANT RIDGE DR � ss / 25 249 27 28 N 20 0 2D IQ STAPLETON SUBDIVISION NO- 2 COMMON DRIVE EXHIBIT-LOTS 57-65 BLOCK 1 Page 13 Page 119 Item#7. F. Emergency Access Exhibit N S er"P arY I �maround IT II aCceas la trams �� I •d8 ire[ f'' s['e_`vrFl6'.f1R'.1LMF �. 1 nesman and Raaam -- dgem ct wnne In a11a6e3 I I evelopment is fimlted to _ 0 tomes u ntil the sewnd .____ 1I ccess to Harris Street is constructed. emparary miner a - ---- around I - I o e:rear: I Rooal ad Conarswcred — I ntcry p"Se 1 # LL, I =":.l STAPLErON SUBDIVISION NO.1 dr 2 FIR[ACUSS tXHlgn- Page 14 Page 120 Item#7. 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-2018-0129,Development Agreement#2019-110907). 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 11-613-7. 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 Kevin M. Borah, Sawtooth Land Surveying, LLC, dated 1/5/2021, included in Section VII.B shall be revised as follows: Legend: a. Include the recorded instrument number for the ACHD sidewalk easement. b. Include the recorded instrument number for the ACHD storm drain easement. Notes: c. Note#5: Delete note;Homeowner's Associations are not governed by the City of Meridian. d. Note#6: ". . . Lot 19,Block 6, and Lot 1,Block 7 are reserved as common area. . ." e. Note#7: Include recorded instrument number for ACHD license agreement. f. Note#13: ". . . Lot 19,Block 6, are servient to and contain the ACHD storm water drainage system. . ." g. Note#14: Include recorded instrument number of ACHD sidewalk easement. h. Note#15: "The bottom of structural footing shall be set a minimum of 12-inches above the highest established normal ground water elevation." Face of the plat: i. Depict the north/south shared lot line between Lots 50 and 51,Block 1 (Sheet 1). j. Include the Surveyor's Narrative(Sheet 3). k. Include the recorded instrument number for the ACHD sidewalk easement(Sheet 4). 5. The landscape plan prepared by Jensen Belts Associates, dated 12/18/20, shall be revised as follows: a. Re-number the lots consistent with the final plat. b. Include the total linear feet of parkways and the required number of trees in the Landscape Calculations table per the standards listed in UDC 11-3B-7C.3. 6. Future homes constructed in this development shall substantially comply with the conceptual elevations approved with H-2018-0129 included in the Development Agreement. 7. The building lots along the perimeter of the development adjacent to W. Harris St., except for Lots 60 and 62, Block 1, shall be restricted to a single-story in height as proposed by the Developer in accord with the Development Agreement. Page 15 Page 121 Item#7. 8. Prior to issuance of any Certificates of Occupancy within this phase of development,the W.Harris St. roadway improvements,including curb,gutter and detached sidewalk and street buffer landscaping along the full length of the project boundary along W. Harris St. shall be constructed. 9. All single-family attached and multi-family structures shall comply with the design standards listed in the Architectural Standards Manual. An application for Design Review shall be submitted and approved for all attached dwelling units prior to submittal of building permit applications. 10. All development within the Northwest gas pipeline easement shall comply with the Williams Gas Pipeline Developer's Handbook. 11. Address signage for emergency wayfinding purposes shall be provided at the public street for homes accessed by the common driveway on Lot 61,Block 1. 12. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for all common driveways,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the recorded easements shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer; or, a note including this information may be included on the plat. 13. 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 water main in W Harris Street that this development is connecting to is actually a 12-inch, not a 10-inch. 2. Common Driveways with four or more lots need to have a private sewer line that will be the responsibility of the HOA. A manhole in the common driveway located at the property boundary is required with a lid that states"Private". 3. Provide at least 5'of separation between storm drain line and SSMH G-2. 4. Changes to Phase 1 of the development construction plans impact this phase. Drawings need to be updated to show changes to Phase 2. The City has discussed this with the applicant. The applicant is to continue to work with public works and provide the updated drawings. 5. There is no need to show the future lights on Meridian Road. Lights on Meridian Road will require a future installation agreement and deposit pursuant to Section 6-4 B of the Meridian Design Standards. General Conditions: 6. 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. 7. 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 Page 16 Page 122 Item#7. development, coordinate main size and routing with Public Works. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 17. Developer shall coordinate mailbox locations with the Meridian Post Office. 18. All grading of the site shall be performed in conformance with MCC 11-1-4B. 19. 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. 20. 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. 21. 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 Page 17 Page 123 Item#7. 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. 22. 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. 23. 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. 24. 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. 25. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 26. 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. 27. 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. 28. 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. 29. 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 18 Page 124 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Southridge South (H-2020-0083) by The Land Group, Inc., Generally Located South of W. Overland Rd., East of S. Ten Mile Rd. Page 125 Item#8. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN AND DECISION& ORDER In the Matter of the Request for a Rezone of 7.15 Acres of Land from the R-4 to the R-2 Zoning District and 28.89 Acres of Land from the R-2 and R-4 to the R-8 Zoning District; and Preliminary Plat Consisting of 254 Buildable Lots and 29 Common Lots on 83.77 Acres of Land in the R-2 and R-8 Zoning Districts for Southridge South,by The Land Group. Case No(s).H-2020-0083 For the City Council Hearing Date of: January 12,2021 (Findings on January 26,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of January 12, 2021,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of January 12,2021, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 12, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of January 12,2021,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 SOUTHRIDGE SOUTH—RZ PP H-2020-0083 - I - Page 126 Item#8. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of January 12,2021, 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 rezone and preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of January 12,2021,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 I I-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 1I- 6B-7C). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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 January 12,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SOUTHRIDGE SOUTH—RZ PP H-2020-0083 -2- Page 127 Item#8. By action of the City Council at its regular meeting held on the 26th day of January 2021. 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: 1-26-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SOUTHRIDGE SOUTH—RZ PP H-2020-0083 -3- Page 128 Item#8. EXHIBIT A STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0 HEARING January 12,2021 Legend DATE: ff --- TO: Mayor&City Council LI FROM: Sonya Allen,Associate Planner 208-884-5533 a e SUBJECT: H-2020-0083 - Southridge South—RZ,PP ' LOCATION: South side of W. Overland Rd., east of S. - Ten Mile Rd.,in the north'/2 of Section 23,T.3N.,R.1 W.) I. PROJECT DESCRIPTION Rezone of 7.15 acres of land from the R-4 to the R-2 zoning district and 28.89 acres of land from the R-2 and R-4 to the R-8 zoning district; and Preliminary plat consisting of 254 buildable lots and 29 common lots on 83.77 acres of land in the proposed R-2 and R-8 zoning districts. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 83.77 Existing/Proposed Zoning R-2,R-4&R-8 existing/R-2&R-8 proposed Future Land Use Designation Mostly(78+/-acres)Medium Density Residential(MDR) (3-8 units/acre)with a small(5.5+/-acres)portion Low Density Residential(LDR)(3 or fewer units/acre) at southeast corner Existing Land Use(s) One(1)single-family home(Rice property)and vacant/undeveloped land. Proposed Land Use(s) Single-family residential(SFR) Lots(#and type;bldg./common) 254 buildable lots/29 common lots Phasing Plan(#of phases) 4 phases Number of Residential Units(type 254 SFR detached dwellings of units) Density(gross&net) 2.98 units/acre(gross); 5.4 units/acre(net) Open Space(acres,total 22.3 acres(or 26%)overall common open space— 15.55 [%]/buffer/qualified) acres(or 18.5%)of which is qualified open space Page 1 Page 129 Item#8. Description Details Page Amenities Clubhouse,swimming pool and tot lot with children's play equipment Physical Features(waterways, The Ridenbaugh Canal runs along the northeast boundary hazards,flood plain,hillside) of the site and is a large open waterway;the Williams Northwest gas pipeline also bisects the west portion of this site. Neighborhood meeting date;#of 4/14/20; 8 attendees attendees: History(previous approvals) AZ-06-031 (DA#107074205—overall Southridge);PP-06- 031;PBA-08-014(ROS#8550—Parcels#1 and#7);RZ- 11-002;PBA-14-012(ROS#9982);MDA-08-004(Inst. #1 1 1 102269—replaced DA#107074205);MDA-12-009 (DA#113077158—replaced DA#111102269). CUP-10- 015;MCU-12-003;MCU-14-001 (Southridge Gravel Mining) B. Community Metrics Description Details P Ada County Highway District • Staff report(yes/no) Yes(draft) • Requires ACHD No Commission Action es/no Access One public street access and one emergency only access is proposed via (Arterial/Collectors/State Overland Rd.,an arterial street. Hwy/Local)(Existing and Proposed) Traffic Level of Service Better than"E"(Overland Rd.)which is an acceptable Level of Service (LOS).This site is estimated to generate 2,398 vehicle trips per day.A Traffic Impact Study(TIS)was not required with this application as it was included in the original&revised TIS for Southridge Subdivision. Stub Stub streets are proposed to adjacent properties to the west, south and Street/Interconnectivity/Cross east;no stub streets exist to this site. Access Existing Road Network Overland Rd.exists along the north boundary,no internal streets exist Existing Arterial Sidewalks/ No sidewalks or buffers exist along Overland Rd.,an arterial street Buffers Proposed Road Capital Improvements Plan(CIP)!Integrated Five Year Work Plan(IFYWP): Improvements • Ten Mile Road is scheduled in the IFYWP to be widened to 5-ianes from Overland Road to p Victory Road in 2022-2023. • The intersection of Overland Road and Linder Road is listed in the CIP to be widened to 6- lanes on the north leg,6-lanes on the south,7-lanes east,and 7-lanes on the west leg,and signalized between 2036 and 2040. Fire Service • Distance to Fire Station 0.9 of a mile • Fire Response Time Falls within 5:00 minute response time area-nearest station is Fire Station#6—can meet response time goals • Resource Reliability 87%-does meet the target goal of 80%or greater • Risk Identification 2—current resources would not be adequate to supply service • Accessibility Project meets all required access,road widths and turnaround. • Special/resource needs Project will not require an aerial device;can meet this need in the required timeframe if a truck company is required. Page 2 Page 130 Item#8. Description Details P • Water Supply Requires 1,000 gallons per minute for one hour,may be less if buildings are fully sprinklered. • Other Resources Police Service • Distance to Police 4 miles Station • Police Response The average emergency response time in the City is just under 4 minutes(meets Time target goal of 3-5 minutes) Meridian Police Department-5outhridge South Location of new development- 50uth of W Overland Rd&East of S Ten Mile Rd Time Frame- 11/0112019.10I31J2020 Level of Service(LoSi-Delivered By Reporting District(RD-M757) Calls for Service iCFSi: Response Times: Dispatch to Arrival(all units) Average Response Times by Priority: 'City of Meridian' Priority 3(MPDGovI is within 3to 5mmutes) 3:40 Priority fMPO GM;is Wthm 8 to 10 mfnures) 7:11 Priority1 (MPDGoaliswithin!5to70minuten) 11:01 Average Response Times by Priority:'M757' Priority 3 0:00* Priority 2 8:10 Priority 1 8:52 Calls for Service(CFS):Calls occurring in RD'M757' CFS Counr Total 513 %of Calls for Service split by Priority in'M757' %ofP3 CFS 0.0% %of P2 CFS 70.8% %of PI CF5 29.0% %of PO CFS 0.2% Crimes Crime Count Total 57 Crashes 'Crash Count Total 8 West Ada School Enrollment Ca aci Miles (Dev t W-11 District Mary McPherson Elementary 477 675 3.9 • Distance(elem, Victory Middle School 874 1000 2.3 ms,hs) Meridian High School 1887 2075 3.0 • Capacity of Schools **Due to the abundant amount of growth in the area,West Ada is actively building new schools,and boundaries are • #of Students always changing. These future students could potentially attend Owyhee High School." Enrolled • #of Students Predicted from 178 school aged children predicted from this development. this development Wastewater • Distance to Sewer Directly adjacent Services • Sewer Shed South Black Cat Trunk Shed • Estimated Project See application Sewer ERU's • WRRF Declining 14 Balance • Project Consistent Yes with WW Master Page 3 Page 131 Item#8. Plan/Facility Plan • Impacts/concerns See Public Works Site Specific Conditions Water • Distance to Water Directly adjacent Services • Pressure Zone 4 • Estimated Project See application Water ERU's • Water Quality None • Project Consistent Yes with Water Master Plan • Impacts/Concerns See Public Works Site Specific Conditions C. Project Area Maps Future Land Use Map Aerial Map (fLegend Legend Prayed Laca-non Axe I P•oiec4 Luca-Ron Emp'0 /R1 Hi h D C .• ity 4Is •� _ W Rend essid ntiai Page 4 Page 132 Item#8. Zoning Map Planned Development Map (fLegend �� (fLegend Project Luca Sun I Project Lucafian i RUT arty Limit R1 + a — Pu n re Paoce's d a + TW C R 1.5 - R 8 TW R C.CC R-8 R. RUT R1 A. Applicant: Tamara Thompson, The Land Group—462 E. Shore Dr., Ste. 100, Eagle, ID 83616 B. Owner: Tim Eck,Endurance Holdings— 1977 E. Overland Rd., Meridian, ID 83642 C. Representative: Tamara Thompson, The Land Group—462 E. Shore Dr., Ste. 100, Eagle, ID 83616 III. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in 11/27/2020 12/25/2020 newspaper Notification mailed to property owners within 300 feet 11/23/2020 12/22/2020 Applicant posted public hearing 12/7/2020 12/28/2020 notice on site Nextdoor posting 11/23/2020 12/22/2020 IV. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan) The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates 5.5+/-acres of this property as Low Density Residential(LDR)and 78+/-acres as Medium Density Residential (MDR). The LDR designation allows for the development of single-family homes on large and estate lots at gross densities of three dwelling units or less per acre. These areas often transition between existing rural residential and urban properties. Developments need to respect agricultural heritage and Page 5 Page 133 Item#8. resources,recognize view sheds and open spaces,and maintain or improve the overall atmosphere of the area. The use of open spaces,parks,trails and other appropriate means should enhance the character of the area. The MDR designation allows for dwelling units at gross densities of three to eight dwelling units per acre. The proposed development consists of a total of 254 single-family detached homes on 83.77 acres of land at an overall gross density of 3.03 units/acre,which is at the low end but consistent with that desired in the MDR FLUM designation. The gross density of the LDR designated area is 2.55+/-units per acre consistent with the LDR designation; and the gross density of the MDR designated area is 3.08 units/acre consistent with the MDR designation. Larger lot sizes (i.e. 0.32 to 0.78-acre) and zoning(i.e. R-2)are/is proposed as a transition along the southern and western boundaries to existing 1-to 5-acre rural residential properties. There is also a grade difference east of the Williams gas pipeline along the southern boundary between the site and abutting lots in Aspen Cove and Val Vista subdivisions that increases toward the east to a maximum of 27'+/-at Lot 12,Block 10 and then decreases on the four lots to the east of that to around 15'-18' below the neighboring properties. This grade difference will assist in buffering existing rural properties from urban development,preserve view sheds and provide a natural transition. The Development Agreement also restricts building height along the southern boundary,which will assist in preserving view sheds as well(see DA for more information). The existing roadway(i.e. Overland Rd.)abutting this site and the proposed street network within the subdivision is consistent with the Master Street Map and the South Meridian Transportation Plan. 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) Only one (1) housing type, single-family detached, is proposed. A variety of lot sizes are proposed with larger lots along the southern and western boundaries providing a transition between existing rural residential estate properties in Ada County and proposed smaller urban lots. Although a variety of lot sizes will provide options for different styles of homes, Staff recommends another housing type(i.e. single-family attached or townhomes)is provided in the R-8 zoned area to accommodate the various financial capabilities of future residents. • "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 and can be extended by the developer with development in accord with UDC 11-3A-21. • "Where feasible,encourage large transmission and pipeline utility corridors to function as transitional buffers,parkland,pathways, and gathering spaces within and adjacent to their right of way." (3.07.01E) A multi-use pathway and large common open space/gathering area is proposed within and along the Northwest gas pipeline corridor/right of way. • "Avoid the concentration of any one housing type or lot size in any geographical area; provide for diverse housing types throughout the City."(2.01.01 G) Only one housing type(i.e. single-family detached) is proposed in this development and in earlier phases of Southridge to the east; multi family apartments exist and are in the Page 6 Page 134 Item#8. development process directly northeast of this site. To provide more diversity in housing types in this area,Staff recommends another housing type(Le. single-family attached or townhomes) is provided in the R-8 zoned portion of this development. • "Support Valley Regional Transit's(VRT) efforts to construct multi-modal transit centers in areas of high commercial activity and employment as well as areas with transit-supportive residential densities." (6.01.01B) Transit services are available to serve this site via Routes 40 and 42.A Valley Ride park and ride lot is located within '/mile of the site to the west at the intersection of Ten Mile and Overland Roads. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed residential development should be compatible with the abutting rural residential uses to the south as they are both residential in nature. The proposed site design with larger lots transitioning to estate-size properties, combined with the grade%levation difference that exists along the eastern portion of the southern boundary will assist in providing a natural buffer that should minimize conflicts and maximize use of land. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development." (3.03.03A) The proposed development will connect to City water and sewer systems; services are required to be provided to and though this development in accord with current City plans. • "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 services are available to this site and can be extended by the developer with development in accord with UDC 11-3A-21. The Police Dept. is currently providing service to this property as it's within the City. The Fire Dept. can provide emergency services and fire protection within established response time goals as the nearest fire station is only a mile away to the east. • "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) A 10 foot wide multi-use pathway is proposed along the frontage of the site adjacent to W. Overland Rd., along the west side of the Ridenbaugh Canal and along the east side of the gas pipeline consistent with the Pathways Master Plan. These pathways will assist in providing a safe route to the future school(i.e. Blue Valley Elementary) on the east side of the larger Southridge development along Linder Rd. and to the common areas proposed in this development. Usable open space is proposed consisting of pathway corridors and(2) large 4-and 5.3-acre common open space areas. Quality amenities are proposed consisting of a clubhouse with a swimming pool and tot lot with children's play equipment. Residents of this development will also be able to use common areas and amenities in the larger Southridge development to the east. Page 7 Page 135 Item#8. • "Evaluate open space and amenity requirement and criteria for consistency with community needs and values."(2.02.01B) A total of 22.3 acres (or 2601o) of common open space is proposed within the development with 15.5E acres (or 18%) meeting the standards for qualified open space, which exceeds UDC standards. Two (2) large common areas of 3.8-and 5-acres in size accessible from multi-use pathways and several other smaller common areas are proposed within the site. Quality amenities consisting of a clubhouse, swimming pool, tot lot and multi-use pathways are proposed in accord with UDC standards. Staff is of the opinion the proposed open space and amenities will meet the community needs in this area. Residents of this development will also be able to use the common areas and amenities in the larger Southridge development to the east. • "Slow the outward progression of the City's limits by discouraging fringe area development; encourage development of vacant or underutilized parcels currently within City limits." (4.05.03B) This site was annexed into the City in 2006 but has yet to be developed. Development of this vacant/underutilized property is preferred over fringe area development. • "Evaluate comprehensive impacts of growth and consider City Master Plans and Strategic Plans in all land use decisions(e.g.,traffic impacts, school enrollment, and parks)." (3.01.01A) The TIS estimates this development will generate 2,398 vehicle trips per day. The PMpeak hour level of service for Overland Rd. is "better than E", which is an acceptable level of service per the ACHD report. WASD submitted comments stating that approximately 178 school aged children are estimated to be generated by this development; enrollment at Mary McPherson Elementary School, Victory Middle School and Meridian High School is currently under capacity(see Section VIII.I). According to the Community Development's school impact analysis, enrollment at all of these schools will be slightly over capacity at build-out of building permits already issued in this area at 10501o, 108%and 109%respectively (see Section VIII.J). The closest City Park to this site is an 18-acre park in Bear Creek Subdivision to the east, midway between Overland and Victory on the east side of Stoddard Rd. A future City Park is designated on the FL UM within a mile of this site to the south in the vicinity of the northeast corner of S. Ten Mile Rd. and W. Victory Rd. Two (2) large 4-and 5.3 acre common areas are proposed in this development for use by residents. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks are proposed as required with this development. In summary, Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan if an additional housing type is added as noted in the above analysis. Page 8 Page 136 Item#8. V. UNIFIED DEVELOPMENT CODE ANALYSIS UD A. Rezone: History: This property was originally annexed in 2006(AZ-06-031) with the larger Southridge Subdivision annexation. A Development Agreement(Inst. #107074205)was required with annexation which was later amended and replaced with a new agreement(Inst. #H 1102269— Southridge MDA-08-004). That agreement was then amended and replaced with a new agreement which currently governs development of the property(Inst. #113077158—MDA-12- 009). The proposed rezone is for 7.15 acres of land from the R-4 to the R-2 zoning district and 28.89 acres of land from the R-2 and R-4 to the R-8 zoning district,which includes adjacent Overland Rd.right-of-way to the section line. A legal description and exhibit map of the rezone area is included in Section VIII.A. A total of 254 residential dwelling units are proposed to develop on the site at an overall gross density of 3.03 units per acre consistent with the associated LDR and MDR FLUM designations for the site. Existing Development Agreement(Inst.#113077158): The existing Development Agreement(DA)requires a minimum of 1,000 and a maximum of 1,286 residential dwelling units to be constructed in the overall 290.87 acre Southridge development, unless otherwise specifically approved by the City Council through subsequent applications. This calculation includes 598 apartment units in the R-15 zoning district directly to the east of the subject property(Southridge Apartments fka DBTV Southridge Farm Property); a maximum of 250 units in the TN-C zoning district at the southwest corner of W. Overland Rd. and S. Spanish Sun Way(Beacon at Southridge); and 438 (or balance to total 1,286 units)in the R-2,R-4 and R-8 zoning districts. Since the DA was approved,the R-15 and TN-C zoned portions of the site have been removed from the DA and developed separately under subsequent DA's [Southridge Apartments—Inst. #1 1 1 09962 1 (RZ-11-002), amended as Inst. #2015-112096 (MDA-15-010); and Overland and Linder Apartments—Inst. #2017-096818 (H-2017-0093). The conditional use permit(H-201 7- 0077)for the first and second phases of Southridge Apartments approved a total of 476 units; an amendment to the DA is currently in process to include an updated conceptual development plan for the third and final phase, which is proposed to contain a total of 164 units. The DA for Linder and Overland Apartments approved a total of 336 units, currently in the development process. Previous phases(1-5) of Southridge contain a total of 221 single-family detached units,which added to the number of units proposed in the subject plat(i.e. 254)total 474 units. This number exceeds the number of units originally anticipated in the R-2,R-4 and R-8 districts by 36 units; however,reducing the number of lots would decrease the density in this area to below that desired in the MDR designated area. Therefore, Staff recommends Council approve the number of lots proposed with the preliminary plat(i.e. "a subsequent application') in accord with the DA. The City may require a development agreement(DA) in conjunction with a rezone pursuant to Idaho Code section 67-6511A. Because Staff deems the proposed development to be in substantial conformance with the existing DA, Staff does not recommend a new DA is required with this application,nor any modifications to the agreement. Page 9 Page 137 Item#8. B. Preliminary Plat: History: This property was originally included as mega lots in the preliminary plat(PP-06-031) for the larger Southridge Subdivision to be re-subdivided in the future but a final plat was never recorded for the subject property. Record of Survey No. 9982 created the current configuration of the property(Parcels I and 7). The proposed preliminary plat consists of 254 buildable lots and 29 common lots on 83.77 acres of land in the R-2 and R-8 zoning districts. The minimum lot size proposed is 4,369 square feet (s.f.)with an average lot size of 8,053 s.f.;the gross overall density is 3.03 units/acre with a net density of 5.4 units/acre. All of the 254 buildable lots are proposed to develop with single-family residential detached dwellings.As noted above in Section IV, Staff recommends another housing type(i.e. attached or townhomes)is provided in the R-8 zoned portion of this development to accommodate the various financial capabilities of future residents and provide diversity in housing choices in this area in accord with the goals of the Comprehensive Plan. Prior to the City Council hearing,the plat should be revised accordingly(i.e.depict zero lot lines on lots where attached product is proposed) and conceptual elevations of the proposed housing type(s)should be submitted. Phasing: The plat is proposed to develop in four(4)phases as shown on the plat in Section VII.B below. The first phase will include the entry road and emergency access via Overland Rd. and the land adjacent to Overland Rd. The second phase is directly to the southeast and includes a large 3.8- acre common open space park area where a clubhouse, swimming pool and tot lot are proposed in accord with the DA,which requires these amenities to be constructed prior to occupancy of the 300t'single-family residential dwelling. A bridge over the Ridenbaugh Canal is also proposed to be constructed with the second phase as recommended by Staff which will provide another access from the east once a subsequent phase of Southridge to the east is developed. The third phase will encompass the area at the southeast corner of the development and the fourth phase includes the area at the southwest corner and west side of the development and includes another large 5-acre common open space area.Note:Planning and Fire Dept. Staff worked with the Applicant to amend the phasing plan from that originally submitted to ensure adequate access, timing of open space/amenities and interconnectivity with the second phase rather than the fourth phase as originally proposed. Existing Structures/Site Improvements: There is an existing single-family home on Parcel#S 1223131250(Rice property)that is proposed to remain on a lot in the subdivision(i.e. Lot 64,Block 1). This home is required to hook-up to City water and sewer service within 60 days of it becoming available.Any existing structures that don't conform to the dimensional standards of the R-8 district in UDC Table 11-2A-6 should be removed prior to the City Engineer's signature on the final plat in which they are located. Proposed Use Analysis: Single-family detached dwellings are listed as a principal permitted uses in both the R-2 and R-8 zoning districts per UDC Table 11-2A-2: Allowed Uses in the Residential Districts. Dimensional Standards (UDC 11-2A): Development of the proposed lots is required to comply with the dimensional standards of the R- 2 district in UDC Table I1-2A-4 and the R-8 district in(UDC Table 11-2A-6), as applicable. The minimum frontage required in the R-8 district is 40 feet; street frontage dimensions aren't depicted on the plat. The final plat should comply with the minimum dimensional standards of the applicable district. Page 10 Page 138 Item#8. Subdivision Design and Improvement Standards (UDC 11-6C-3): 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. There are three(3)common driveways proposed, depicted as"A","B"and"C"on the plat on Lots 18 and 26,Block 19 and Lot 41,Block 1. Such driveways should be constructed in accord with the standards listed in UDC 11-6C-3D.A common driveway exhibit is included in Section VII.0 but is not approved-some revisions are needed to the exhibits in regard to the building envelope/setbacks for homes at the ends of the common driveways (minimum 20' wide driveway access needs to be provided to all lots outside of the required parking pad area); updated exhibits that demonstrate compliance with the setback,building envelope and lot orientation standards in UDC 11-6C-3D.7 should be submitted prior to or with the final plat application.Because the placement of homes on Lots 17, 19,25 and 27,Block 10 will likely be beyond the required"hose lay"standards of the Fire Dept.,homes on these lots shall be sprinklered,unless otherwise approved by the Fire Marshall. A perpetual ingress/egress easement for the common driveways should be filed with the Ada County Recorder,which should include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment as set forth in UDC 11-6C-3D; a copy of the recorded easement should be submitted to the Planning Division with the final plat for City Engineer signature.As an alternative,the easement can be graphically depicted on the plat with a note including the aforementioned information. Access(UDC 11-3A-3) One public street access (W. Timberwood Dr.)is proposed via Overland Rd.,an arterial street; an emergency only access via Overland Rd. is also proposed on Lot 1,Block 1 between Lots 18 and 19. Stub streets are proposed for future extension to the west to Parcel#51223233905,to the south to Val Vista subdivision, and to the east as depicted on the plat in accord with the Development Agreement. A bridge is proposed to be constructed over the Ridenbaugh Canal with Phase 2 for connectivity to the east. The stub street to the south is proposed to the Nichols property(Parcel#R8954840110). The Applicant has indicated that the Nichols' have no plans to redevelop their property in the near future. Staff recommends the Applicant coordinate with the adjacent property to the west of the Nichols' property(Parcel#R8954830350,Elton's)to determine if a stub street along the east boundary of their property might be a better option for future development if they plan to redevelop their property sooner than their neighbors. If so,the plat should be revised accordingly prior to the City Council hearing. A 50-foot wide ingress-egress easement(Inst. #107123370) from Overland Rd. is noted on the plat that has been terminated(Inst. #2019-089220). There is an existing blanket access easement across the Southridge property to the Rice Parcel(Inst. #2019-089221); once public street access is dedicated/provided to their property,the easement goes away automatically. Bulb-outs are proposed on Rio De Plata Dr. for traffic calming. ACHD is requiring many of the streets within the subdivision to be redesigned to reduce the length of the roadways or to include the use of passive design elements (not to include stop signs, speed humpsibumps and valley gutter). The plat should be revised in accord with ACHD's requirements. 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 per unit. Page 11 Page 139 Item#8. The proposed street sections accommodate on-street parking on both sides of the streets for guests in addition to driveway parking spaces on each lot. Staff is of the opinion sufficient parking can be provided for this development. Pathways(UDC 11-3A-8): Ten-foot wide multi-use pathways are proposed on this site within the street buffer along W. Overland Rd.,along the east boundary adjacent to the Ridenbaugh Canal and along the Northwest gas pipeline in accord with the Pathways Master Plan and the Development Agreement. A 14- foot wide public pedestrian easement is required to be submitted for these easements prior to City Engineer signature on the final plat(s)in which they are located.If the pathway along Overland will be located entirely in the right-of-way, a public pedestrian easement is not needed. Sidewalks(UDC 11-3A-1 : Sidewalks are required to be provided adjacent to all streets as set forth in UDC 11-3A-17. Where multi-use pathways are required,the pathway may take the place of the sidewalk. Detached sidewalks/pathways are proposed throughout the development. Parkways (UDC 11-3A-1 : Parkways (9.5' wide)are proposed along all internal public streets and should be constructed in accord with the standards listed in UDC 11-3A-17E. Landscaping(UDC 11-3B): A 35-foot wide street buffer is required adjacent to W. Overland Rd., an entryway corridor, as proposed. Landscaping is required to be installed within the buffer per the standards listed in UDC 11-3B-7C,which require buffers to be planted with a mix of trees and shrubs,lawn,or other vegetative groundcover. Just lawn and trees are proposed; Staff recommends a mix of shrubs and other vegetative groundcover is provided. Common open space is required to be landscaped in accord with the standards listed in UDC 11- 3G-3E. At a minimum, one tree per 8,000 square feet of common area is required to be provided along with lawn or other vegetative groundcover. Landscaping is required along pathways per the standards in UDC 11-311-12C.Five-foot wide landscape strips are required on both sides of pathways planted with a mix of trees, shrubs,lawn and/or other vegetative ground cover.A minimum of one(1)tree per 100 linear feet of pathway is required.No landscaping is proposed along the pathway adjacent to the Ridenbaugh Canal.If trees are not allowed within NMID's easement, an additional minimum 5-foot wide area shall be provided outside of the easement in a common lot(s)for the required trees; bushes and vegetative groundcover should be provided in accord with UDC standards on either side of the pathway as required. A minimum of 5-feet of landscaping needs to be provided between Lot 41,Block 1 and the adjacent pathway. Landscaping is proposed within parkways as shown on the landscape plan. Because 9.5-foot wide parkways are proposed,trees within parkways are restricted to Class 11 trees as proposed. There are no existing trees on the site except for those on the Rice property; therefore,mitigation is not required. Qualified Open Space(UDC 11-3G�: A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-313 is required for developments over 5 acres in size;because this property is 83.77 acres, a minimum of 8.38 acres of qualified open space is required. A total of 22.3 acres(or 26%) of common open space is provided within the overall development, 15.55 acres (or 18.5%)of which is qualified per the standards in UDC 11-3G-3B,which exceeds UDC standards(see open space exhibit in Section VII.E). Qualified open space consists of half Page 12 Page 140 Item#8. the street buffer along Overland Rd., linear open space, and open grassy areas of at least 50' x 100' in area. Parkways along local streets also count toward the qualified open space requirement if they comply with the standards listed in UDC 11-3G-3B.5;parkways were not included in the open space calculations. This development will also be able to use the common open space areas in the larger Southridge development to the east as they will be governed by the same HOA. Qualified Site Amenities(UDC 11-3G1. A minimum of one(1) qualified site amenity is required for developments over 5 acres in size with one(1) additional amenity required for each additional 20 acres of development area. Based on a total of 83.77 acres of development area, a minimum of four(4)qualified site amenities are required. A clubhouse, swimming pool,tot lot with children's play equipment and three (3)different segments of multi-use pathways are proposed in accord with UDC standards and the Development Agreement. This development will also be able to use the site amenities in the larger Southridge development to the east as they will be governed by the same HOA. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction is required to follow Best Management Practices as adopted by the City. The Applicant submitted a Stormwater Drainage Rgport for the subdivision. Williams Northwest Gas Pipeline: The Williams Northwest gas pipeline crosses the southwest corner of this site within a 75-foot wide easement in common lots. Landscaping(grass) and a portion of the multi-use pathway is proposed within the easement(trees are prohibited). All construction and maintenance activities within the easement/right-of-way shall comply with the Williams Developers' Handbook and any other associated requirements. The Applicant shall include Williams in the initial planning stages to avoid project delays and so that safe development practices in the vicinity of the pipeline can be attained. Waterways(UDC 11-3A-0- The Ridenbaugh Canal is a large open waterway that runs along the northeast boundary of this site. The Irrigation District(NMID)has a 140-foot wide total easement for the canal with 60 feet being on this property(Inst. #800640). The easement does not encroach on any of the proposed buildable lots. The UDC allows waterways such as this to remain open when used as a water amenity or linear open space as defined in UC I I-IA-1; otherwise,they are required to be piped or otherwise covered per UDC 11-3A-6B. The decision-making body may waive this requirement if it finds the public purpose requiring such will not be served and public safety can be preserved. The Applicant is not proposing to improve the waterway as a water amenity or linear open space and requests Council approval of a waiver to leave the waterway open; fencing (6-foot tall open style metal to match existing fencing)is proposed to preserve public safety along the multi-use pathway.Because the Ridenbaugh Canal is a large facility and is mostly open throughout the City and because fencing is proposed between the pathway and the canal to preserve public safety, Staff recommends approval of the request. Fencing(UDC 11-3A-6 and 11-3A-7)• All fencing is required to comply with the standards listed in UDC 11-3A-6C for fencing along waterways and the general fencing standards in 11-3A-7. Six-foot tall open style metal fencing(i.e. chain link)to match existing fencing is proposed between the multi-use pathway and the Ridenbaugh Canal to preserve public safety. Six-foot tall Page 13 Page 141 Item#8. solid vinyl fencing is proposed adjacent to common areas that are visible from the street in accord with UDC standards. The existing 6-foot tall solid masonry fencing along the southern boundary of the subdivision was required to be constructed as a provision of the DA and is proposed to remain. Building Elevations(UDC 11-3A-19 I Architectural Standards Manuan: The Applicant submitted sample elevations of the homes planned to be constructed in this development which are included in Section VIII.F. A mix of 1-and 2-story homes are proposed in a variety of finish materials and colors; lot dimensions are depicted indicating the style of homes proposed on different lot sizes within the development. Single-family detached dwellings are exempt from the design standards in the Architectural Standards Manual. The Development Agreement limits the height of homes in this development along the southern boundary shared with Val Vista and Aspen Cove subdivisions to a maximum height of 22 feet [measured from either the mid-point of the front of the lot at the top back of curb,or the mid- point of the rear of the lot(whichever is more restrictive)],to the average height of the highest roof surface. In the event the maximum height of the home as so measured is lower than the top of the 6-foot tall masonry fence,then the maximum height may be increased so that the maximum height is equal to the elevation of the top of the fence at midpoint of the rear of the lot. The lots along this boundary are also required to provide a minimum 50-foot rear setback and are limited to no more than 14 lots as proposed per the approved conceptual development plan. The Development Agreement requires the Applicant to submit and obtain Design Review approval prior to the City Engineer's signature on the final plat for each phase of development; or submit and obtain City Council approval(or a development agreement modification)of plans that propose specific and detailed architectural guidelines for this development and that address (at a minimum)variety in structures within a block,building mass,building materials,rooflines,colors and architectural styles(provision#6.3.13). Staff recommends the rear and/or side of 2-story homes that face W.Overland Rd.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 that are visible from the subject public street. A Certificate of Zoning Compliance and Design Review application is required to be submitted to the Planning Division for the clubhouse and swimming pool facility and approved prior to submittal of building permit applications for this facility. The design of the clubhouse shall comply with the design standards listed in the Architectural Standards Manual. VI. DECISION A. Staff: Staff recommends approval of the requested rezone and preliminary plat with the conditions noted in Section VIII per the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard these items on December 17,2020. At the public hearing,the Commission moved to recommend approval of the subject RZ and PP requests. 1. Summary of Commission public hearing: a. In favor: Tamara Thompson and Jason Densmer,The Land Group(Applicant's Representatives) b. In opposition: None Page 14 Page 142 Item#8. C. Commenting: Scott Nichols (on behalf of himself and his neighbors—Elton's, Pmbos' and Voglemore's); Mike Vo lei d. Written testimony: Tamara Thompson,The Land Group(Applicant's Representative);Ken& Sherry Fawcett; Scott&Jennifer Nichols, Curtis&Naomi Elton, Steve& Susan Przybos&Michael&Brenda Vo leg more e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony a. Neighbors to the south in Val Vista Subdivision would like their view sheds preserved with development; b. Mr.Nichols is agreeable to the location of the stub street to the south to his ro e c. Would like a condition placed on this development&the associated housing to o only allow "dark sky"compliant lighting so that it doesn't encroach on their properties; d. Preference for the two(2)lots east of the stub street to the south(i.e. Lots 1 and 2, Block 10)to be shifted to the common area(i.e. Lot 3,Block 10)to the northwest; e. Would like the height of residential vegetation adjacent to the Val Vista subdivision fence to be limited to 10' above ground level so views aren't obstructed; £ Would like suitable drainage for irrigation&runoff to be maintained from the west end of the Southridge fence northwest toward Overland Rd.; and, g_ The Fawcett's are against the proposed R-8 zoning and would like the stub street to the south shifted further to the west between Lots 4 and 5,Block 10. 3. Key issue(s)of discussion by Commission: a. The majority of the Commission did not feel another housing type is necessary to be provided within the development per Staff s recommendation—they felt the variety of lot sizes along with the apartments to the east is sufficient; b. The request for a 10' limit on the height of residential vegetation on lots abutting Val Vista Subdivision and difficulties in enforcing such a requirement; c. Would like to see the common open space better distributed near the smaller R-8 zoned lots—most of the common area is near the larger lots; d. Not in favor of the proposed common driveways providing access to six(6)lots— prefer restriction to no more than four(4) lots accessed via common driveway 4. Commission change(s)to Staff recommendation: a. The Commission recommended the Applicant consider replacing a few of the buildable lots in the R-8 area with common area; b. The Commission recommended the Applicant consider reducing the number of units accessed via the common driveways; and, C. The Commission did not require another housing type(s to be provided within the development. 5. Outstanding issue(s)for City Council: a. The Applicant requests a waiver to UDC 11-3A-6B to allow the Ridenbau h canal to remain open and not be piped. Note: The Applicant submitted a revised plat, landscape plan and qualified open space exhibit that includes an approximate half-acre pocket park in Lot 15, Block 4 in the R-8 portion of the development where smaller lots are proposed in response to the Commission's recommendation. This change results in an increase of qualified open space to 5.71 acres for the overall development. Page 15 Page 143 Item#8. C. The Meridian City Council heard these items on January 12,2021. At the public hearing the Council moved to approve the subject RZ and PP requests. 1. Summary of the City Council public hearin . a. In favor: Tamara Thompson and Jason Densmer,The Land Group(Applicant's Representative) b. In opposition:None C. Commenting: Scott Nichols (representing himself and neighbors) d. Written testimony: Jim Jewett e. Staff presenting application: Sonya Allen £ Other Staff commenting on application: Warren Stewart 2. Key issue(s)of public testimony: a. The Applicant is willing to grant an easement across their property for Mr. Jewett to extend sewer service to his property prior to development of phase 4 if needed. b. Desire for the two lots east of the stub street to the south to be relocated to the common area to the northwest. 3. Key issue(s)of discussion by City Council: a. The provision of sewer service to Mr. Jewett's property at the northwest corner of the site earlier than with phase 4: b. Preference for black wrought iron fencing rather than chain link along the Ridenbaugh Canal: c. This development's impact on school enrollment d. The Applicant's request to leave the Ridenbaugh Canal open and not pipe it• d. The number of homes(i.e. 6)proposed off common driveways. 4. City Council change(s)to Commission recommendation: a. Council approved the Applicant's request for a waiver to UDC 11-3A-6B to allow the Ridenbaugh Canal to remain open and not be p b. Council required the material of the fencing_proposed along the Ridenbaugh Canal to be black wrought iron instead of chain-link: C. Council required the Applicant to grant an easement to Jim Jewett with Phase 1 to extend sewer to his property if needed prior to development of Phase 4. Page 16 Page 144 Item#8. VII. EXHIBITS A. Rezone Legal Descriptions& Exhibit Map L EGAL DESCRIFnDN { THE Page Iof2 9 LAND anhw—dGROUP September 1.Or 2020 Project No.:116165 5OUTHRIDG E SO UTH SUBDIVISION R-Z,AREA 1 REZONE DESCRIPTION A parcel of land bcated in the Northwest gtuarter of section 23.Township 3 North,Range 1 west,Boise merid ian,City of Meridian,Ada County,Idaho,being more particula rly described as follows: Commencing at the Northwest Corner OfSection 23 of said Township 3 North,Range 1 west; Thence south OW56'19"westr 2629.46 feet on the west line of said Section 23 to the'Nest one quarter Corner of said section 23; Thence5outh 89'04'17'Eastr a distance of 934.55feet on the east-west midsection line of said Section 23 to the Southwest corner of Parcel"6"as shown on Record of Survey No.10035 of Ada County Records; Thence North 22'09'32'west,a distance Of 5213.19 feet on the westerly boundary I ine Of said Pane I B; Thence leaving the waste Hy Line of said Pa rce I B,5o trth 89°16'08"East,a distance of 151.97 feet; Thence North&B'17'27"East,a distance of 30.49 feet; Thence south 21'20'10'Eastr a distance of 1.60feetto a point onthe westerly boundary line of Parcel B of said Record of Survey No_10035,said point being the POINT OF BEGINNING; Thence on the westerly boundary line of Parcel B ofsaid Record of survey No.1D035 for the following courses and distances: Thence south Sg'16'08"East,a dicta nce of 0.68feet to a paint of curve; Thence 25.41 feet on the arc of a curve to the left*said curve having a radius of 20.43feet,a central angle of 71'15'53",a chard bea ring of North 54'13'05'East,and a chord length of 23 E0 feet to a point of reverse Eurve; Thence 184.71 feet an the arc of a curve to the right,said curve having radius of 233.34feet,a central angle of 45'21'22",a chard bearing of North 41't 5'S0'Eastr and a chard length of 179.93 feet; Thence North 47`39'35"West,a d istance of 213.39 fear a portion of sa id line being on the exterior boundary line of said Parcel"B"of Record of survey No_10035,to a point on a curve on the Eenter ine of west overland Road; Thence 179.99feet on the arc of a curve to the left,said curve having a radius of 10MUC feet~a central angle of 10'18'45",a chard bearing of North 56'49'41'East,and a chard length of 179.7d feet on said west oveda nd Road Eenteriine; Thence leaving said centerline and westerly boundary line of Parcel Br south 27'49,21"East;a distance of 127.95 feet to a point of curve; Thence 7.12 feet On the a rc of a curve to the left,said curve having a radius of 200M feet,a central angle of 02'02'19",a drard bea ring of South 29'50'30'East,and a chord length of 7.12 feet to a point of compound curve; 462 East Shore Dive,SuIL 100.Ease,Idak 85616 206.MJ a641 thNandgroupinc.[am Page 17 Page 145 Item#8. Septem her 10.202D Page Z Thence 7012 feet an the arc of a cur`+e to the Iek said curve having a radius of 2W.Oa fee-.a cemr-al arrle of 2#07'01',a chard bearing of South MP 55'1W East,and a chard lensth of M.56 feed Thence Soj-h 49`59'40'Easy a distance c f 639.24 feet tc a point of cure; Thence 2C4 63 feet on the arr of a curve to the left,said curve having a radius of 3COGO feet'a central argyle of W G'54',a chord bearing of South 69'31'07' East and a chard lergh of 2W.f 9 fret; Thence South B9`03'34'Easy a di=nce of M.4B feet to a pnirrt of curve; Thence 119t 31 feet on the ars of a curve to the right,said curve haying a radius of 15D.D0 feed,a cerrtral arr.lr cif 45'36T 23',achord bearing of South W09'IX Wes#,and a rfpnrd leVhof 116.19 fret; Thence North 89`03'34'of n2,a dL=nrs of MIX feet to-a pant of curve; Thence 175L 15 fret on the arc of a curve to the right,said curoe haying a radius of 150.D0 feed,a central angle of fpF 5T 0Z",a chord blearing of North 55'36 33'{blest,and a dtiord lertgth of M5.M fret; Thence North 21'20'10'WeM a di=nce of ZM.25 feet to the PUNT OfBEGINNING. The above described parcel contains SM 2 rres more or less. PREPARED BY: The Land Group.Inc- I-Aist Jr116 mes R.' :sh bum TA Sine Peer tiro F La x=m Arditcdkure 4 Cial Er&eenrra i 05 462 E.Shore Orire,SLto!MwEngle,Idelhn23-Y6FPZ09.939A*414www.thz!hrqyoupinCoom Page 18 Page 146 Item#8. LEGAL DESCRIRTION :, on#2. THE ry Page 1OF2 LAN GROUP September 10,2020 Project No.:116165 SOUTHRIDGE SOUTH SUBDIVISION R-2,AREA 2 REZONE DESCRIPTION A parcel of land located in the Northwest Quarter of Section 23,Township 3 North,Range 1 West,Boise Meridian,City of Meridian,Ada County, Idaho,being more particularly described as follows: Commencing at the Northwest Comer of Section 23 of said Township 3 North,Range 1 West; Thence South 00*56'19"West,2529.48 feet on the West line of said Section 23 to the West One Quarter Corner of said Section 23; Thence South 89*04'17"Fast a distance of 834.55 feet on the east-west mid-section line of said Section 23 to the Southwest oorner of Parcel"B"as shown on Record of Survey No. 10035 of Ada County Records; Thence North 22*09'32"West,a distance of 520.19 feet on the westerly boundary line of said Parcel B; Thence leaving the westerly Line of said Parcel B,South 99' 16'08" East a distance of 151.97 feet,- Thence North 88*17'27" East a distance of 30.48 feet; Thence South 21*20'10" East:a distance of 1.40 feet to a point on the westerly boundary lime of Parcel B of said Record of Survey No_10035; Thence on the westerly boundary line of Parcel B of said Record of Survey No. 10035 for the fol lowing courses andi distances: Thence South 89' 16'08"East,a distance of 0.68 feet to a point of curve, Thence 25.41 feet on the arc of a curve to the left,said curve having a radius of 20.43 feet,a central angle of 71'15'53",a ch o rd bea ri ng of North 54'13'05"East,and a chord length of 23-80 feet to a point of reverse curve,, Thence 194.71 feet on the arc of a curve to the right'said curve having a radius of233.34 feet,a central angle of 45'21'22",a ch o rd bea ri ng of No rth 41'15'50" East,and a chord l ength of 179.93 feet; Thence North 47*39'35"West,a distance of 215.39 feet a portion ofsaid line being on the exterior boundary line of said Parcel"B"of Record of Survey No. 10035,to a point on a curve on the centerline of West Overland Read, Thence 179.99 feet on the arc of a curve to the left,said curve having a radius of 1A00.00 feet,a central angle of 10°18'45",a chord bearing of No rth 66°49'41'East,a nd a c ho rd length of 179.74 feet o n said West Overland Road centerline; Thence leaving said centerline and westerly boundary line of Parcel B,South 27*49'21"East,a distance of 127.95 feet to a point of curve, Thence 7.12 feet on the arc of a curvets the left,said curve having a radius of 200.00 feet,a central angle of 02'02'19",a chard bea ring of South 28'50'30"East,and a cho rd length of 7.12 feet to a point of compound curve; Thence 70.22 feet on the arc of a curve to the left,said curve having a radius of 200.00 feet,a central angle of 20'07'01",a chord bearing of South 3T 55'10"East,and a chord length of 69-86 feet; Thence South 49°58'40" East,a distance 4539.24 feet to a point of curve; 462 East Share orlwt,su1te 104.Eagle, Idaho 83616 208 939.4041 thelandgroupinc cam Page 19 Page 147 Item#8. September 11,2020 Page 2 Thence 204.63 feet on the arc of a curve to the left,said cu rve having a radius of 300.00 feet,a central angle of 39'04'54",a chord bearing of South 690 31'07"East,and a chord length of 200.69 feet; Thence South 89'03'34" East,a distance of 399.44 feet to the POINTOF BEGINNING,- Thence continuing South 89*03'34"East,a distance of 305.17 feet to a point of curve; Thence 69.16 feet on the arc of a curve to the left,said rurve having a radius of 55.00 feet,a centra l a ngle c f 72*02'44 a chord b eari ng of No rth 54*55'04" East,a nd a chord le ngth of 64.59 feet; Thence North 180 53'42" East,a distance of 27.05 feet; Thence So uth 000 14'06" East,a distance of 52.66 feet to a point of curve, Thence 87.52 feet on the arc of a cu rve to th a right,said curve having a radius of 55.00 feet,a central angle of 91*10'32',a chord bearing of South 45'21'10"West,and a chard length of 78.58 feet; Thence North 890 03'W'West,a distance of 204.56 feet to a point of curve; Thence 111.97 feet on the arc of a cu rue to the right,sai d curve having a rad i us of 149.19 feet,a central anglecf42*59'57',a chord bearing of North 67*40'52"West,and a chord length of 109.36 feet, Thence North 46'10'53"West,a distance of 7.55 feet to the PUINT OF BEG INNING The above described parcel contains 0.35 acres more or less_ PREPARED BY: The Lard Group,Irrc. �'L L4 + 7880 1 0-1 03--2020 1� James R.Washburn Site Planning■Landscape Architecwre■CM ErtIffineerings Surveying 462 E_Share Drive,Suite IN■Eagler Idaho 83616+P MI 939.4U41•www.th a an dgmupinc.com Page 20 Page 148 Item#8. LEGAL DESCRIPTION THE L A N D Page 1 OF 2 �= GROUP September 10,2020 Project No.:116165 SOUTHRIDGE SOUTH SUBDIVISION R-8 REZONE DESCRIPTION A parcel of land located in the Northwest Quarter of Section 23,Township 3 North,Range 1~blest,Boise Meridian,City of Meridian,Ada County, Idaho,being more particulariy described as follows: Commenring at the Northwest Corner of Section 23 of said Township 3 North,Range I Vilest; Thence South 00*56'19'West,2629.48 feet on the West line of said Section 23 to the West One Quarter Corner of said Section 23; Thence South 89*04'17" East,a distance of 834.55 feet on the east-west mid-section line of said Section 23 to the Southwest corner of Parcel"B"as shown on Record'of Survey No. 10035 of Ada County Records- Th en cc North 22*09'32"West,a distance of 520.19 feet on the westerly boundary line of said Parcel B; Thence leaving the westerly Line of said Parcel B,South 89° 16'08" East a distance of 151.97 feet; Thence North 88*17'27"East,a distance of 30.48 feet; Thence South 21*20'10" East,a distan ce c f 1.40 feet to a point on the westerly boundary line of Parcel B of said Record of Survey No_10035; Thence on the westerly boundary line of Parcel 6 of said Record of Survey No. 10035 for the following courses and distances: Thence South 89' 16'08" East,a distance of0.68 feet to a point of curve, Thence 25.41 feet on the arc of a curve to the left,said curve having a radius of 20.43 feet,a central angle of 71°15'53",a chord bearing of North 54D 13'05'East,and a chord length of 23,90 feetto a point of reverse curve, Thence 184.71 feet on the arc c f a curve to the right,said curve having a radius of 233.34 feet,a central angle of 45°21'22",a chord beadng of No rth 41D 15'50'East,a nd a c ho rd length of 179.93 feet; Thence North 47*39'35"West,a distance of 215.39 feet a portion of said line being on the exterior boundary line of said Parcel"B"of Record of Survey No- 10035,to a point on a curve on the centerline of West Overland Road, Thence 179.99 feet on the arc of a curve to the left,said curve having a radius of 1000.00 feet,a central angle of 10°18'45",a chord bearing of North 66D 49'41'East,and a chord length of 179.74 feet on said West Overland Road centerline; Thence leaving said centerline and westerly boundary line of Parcel B,South 27*49'21''East,a distance of 127.95 feet to a point of cu rve; Thence 7.12 feet on the arc of a curve to the left,said curve having a radius of 200.00 feet, a central angle of 02'02'19",a chord bearing of South 28'50'30"East,and a chord length of 7.12 feet to a point of compound curve; Th en ce 70.22 feet o n the arc of a cu rve to the left,sai d curve having a radi us of 200.00 feet,a ce ntral angle of 20°07'01",a ch o rd bea ring of South 39°55'10"East,and a chord length of 69-86 feet; Th en ce South 49°58'40" East:a distan ce c f 360.48 feet to a poi nt of curve,sa id point being the POINT OF BEGINNING, 462 East Shore Orlwe,Suite 104.Eagle, Idaho 83616 2118 939.4041 thelandgroupinc cam rage/-i Page 149 Item#8. September 11,2020 Page 2 Thence 276.80 feet on the arc of a curve to the left,said curve having a radius of 275.00 feet,a central angle cf 57'40' 15",a chord bearing of North 79'53'16" East,and achord length of 2-65.26 feet; Thence North 51°03'09" East,a distance of 575.25 feet to a point on a curve; Thence 201.33 feet on the arc of a curve to the left,said curve having a radius of 850.00 feet,a central angle of 13'34' 16",a chord bearing of North 44'11'50"West,and a chord length of 200.96 feet; Thence North 39"01'02" East,a distance of 75.06 feet; Thence North 14"38'"' East,a distance of 106.48 feet; Thence North 860 33' 13" East,a distance of 101.99 feet; Thence South 25"35'04" East,a distance of 45.73 feet; Thence South 39'58'55" East,a distance of 85.38 feet; Thence South 67'35'34" East,a distance of 112.36 feet; Thence North 20"11'27" East,a distance of 103.27 feet; Thence South 72°17 28" East,a distance of 172_81 feet to a point of curve; Thence 77_62 feet on the arc of a curve to the left,said curve having a radius of 80.00 feet,a central angle of 55'35'25",a chord bearing of North 79'54'50" East,and achord length of 74.61 feet; Thence South 15"07'20" East,a distance of 122.50 feet; Thence North 86'31'43" East,a distance of 190.50 feet, Thence South03"28' 17" East,a distance of3.59 feet to a point of curve; Thence 31.15 feet on the arc of a curve to the left,said curve having a radius of 70.00 feet,a central angle of 25'30'01",a chord bearing of South 16° 13'19" East,and a chord length of 30.90 feet to a point of compou nd cu rve; Thence 136.24 feet on the arc of a curve to the left,said curve having a radius of 70.00 feet,a centra l angle c f 111'30'41",a ch a rd bea ring of So uth 84"43'39"East,and a c hard length of 115.73 feet; Thence North 39'31'01" East,a distance of 141.01 feet to a paint cf curve; Thence 232.80 feet on the arc of a curve to the right,said curve having a radius of 130.00 feet,a central angle of 102°36'12%a chord bearing of South 89"10'53"East,and a chord length of 202.92 feet; Thence South 37"52'47" East,a distance of 369.31 feet to a paint of curve; Thence 389.27 feet on the arc of a curve to the right,said curve having a radius of 300.00 feet,a central angle cf 74'20'42 a chard bearing of South 00°42'26" East,and a chord length of 362.53 feet; Thence South 36'27 55"West,a distance of 34-82 feetto a paint of curve; Thence 62.73 feet on the arc of a curve to the left,said curve having a radius of 150.00 feet,a central angle of 23'57'38",a chord bearing of South 24°29'06"West,and a chord length of 62.27 feet; Thence North 89"02'41"West,a distance of 60-88 feet to a point of curve; Thence 98.42 feet on the arc of a curve to the right,said curve having a radius of 300.00 feet,a central angle cf 18'47'49",a chard bearing of North 79°387 46"West,and a chard length of 97.98 feet to a point of reverse curve; Site Planning■La ndscape Archite-m e■Civil Engineering■Surwying 462 E.Share Drive,Suite 140.Eagle,Idaho 83616■P 208.939.4041■www.the4arvdgri3upinc.com Page 150 Item#8. September 11,2020 Page 3 Thence 98.42 feet on the arc of a curve to th a left,said cu r+e having a radius of 300.00 feet a central angle cf 18*47'49',a chord bearing of North 79*39 46"West,and a chord length of 97.98 feet; Thence North 89'02'41"West,a distance of 252.39 feet to a,point of curve, Thence 305.36 feet on the arc of a curve to the right,said curve having a radius of 850.00 feet,a central angle of20'35'00 a chord bearing of North 78*45'11"West,and a chard length of 303.72 feet; Thence South 18"53'42"West,a distance of 177.29 feet to a point of curve, Thence 69.16 feet on the arc of curve to the Fight said curve having a radius of 55.00 feet,a central angle of72*02'44 ,a chord bearing of South 54'55'04"West,and a chard length of 64.69 feet; Thence North 890 03'34'West a distance of 704.61 feet to a point of curve; Thence 204.63 feet on the arc of a curve to the right,said curve having a radius of 300.00 feet,a central angle of39*04'54 ,a chord bearing of North 69*31'07"West,and a chard length of 200.69 feet, Thence North 49'58'40"West,a distance of 278.76 feet to the POINT OF BEGINNING_ Th a above described parcel cor ta i ns 29-89 a ores m o re or less_ PREPARED BY: The Lend Group, Inc. L Ar ' 888 9-10-2020 Of James R.Washburn IVIL Site Planning■Landseape,4rchiru--=re■Civil Engineering■Surveying 462 E_Share Drive,Suite 1W■Eagler Idaho 83616*P 2AN.939.4041■www.thelandgrDupinc.com Page 151 Item#8. oca W=O 1.- -1co Wei xm[XlCR2 `_ 'ti •� � _ � � r •�" xm�x�mae � t Sheet 1 of 1 Page 24 Page 152 Item#8. B. Preliminary Plat&Phasing Plan(date: 12/7/2020) Updated 115121 =Bog CD r �� rarr i t� En 'ice` r • • _ - y 1 r _ • r ¢ I z F __ ail f �'M�(Y PreirrInag FM-Prolecl Overview sip ppi �_ -- r •uw..- w �vRUYL Page 25 Page 153 Item#8. d =ate ---------------------------------- 7 ... Mp r•_ _ - -� - ---------- ------- 1pP�IImIImInBIT PIet-!Veal — r— $$$$ PPP.1 d �9 ---- ✓ r, VI. I <'- 711, �. �.—..�. -_ r 1 Y-i � `yam y�,• '�h _ .� --.. � f ___='-_ ' _ - _ '' � •'��'�!_ ,. -1. � '^a W�PI mma7 Plat-/veaY — — `_2 1 PPss Page 26 Page 154 Item#8. IC6 u x O r rl G �90wln _a +are R r s.r Prellmnery Pre1-Propma Zoning summry O L t --- '►PPelimrn rrr Prat-Pr000sea Pinig summary PP3 Y Page 27 Page 155 Item#8. C. Common Driveway Exhibits—NOT APPROVED In= -- Lu Mc ��c°Ce e � 3uld Jlauulurlla'd V Aumanlap -sjiglgXg ku,naalic uouJwa3 e W ualslnlpgnS q#nog a5ppgtno5 _ 9 _- tr- I rL a r�r�----- �`� I 5t. r t—� ------ — I • I �E I I a I.l 6 1... � aG I I �M r � L- _ Page 28 Page 156 »m#a �& _- LU � jmjiDJd w e Acma Mm - qqm Amu @au0mm0Q ; ! W uq q M mkiS mn,Se■PNq©S , L---___- p --- » & E O + so M@ a! '` §■ r \ _¥ /}\ t, . ---- _ - - ] , --�� AFL-- $ 46 ___ JL6 to �-.a-- � /JR : ------ ------------ , a § Page 2 �7�9 +m#a �& � q m ! - mB Alculull � 7 Lu a mnia - gmHq km%a umm■a ; | � � uqq mPgnS anoSB5p|agnoS ��--------, I � c I ,- � J_ � _� ■ �� 2 | i � , u ................ � \} - , \ � �m | / ® , , . . . .a �� - ��l - / ■ � : � } \ �� \ � � x Page 30 �7�m Item#8. D. Landscape Plan (date: 5/17/2020) Updated 114121 o� Wes.» pp., 'w g R � Area I - Ana 3 - - i = I Landscape O—iew ....-..._ L1.00 ----------------- \ It H Prelimin T my Plsl Lantlscape Plan-A—1 e,.w.. u.oi Page 31 Page 159 Item#8. d �a J 4 f . ' .. its ss:at iistst ian: 4 ru.ar unr rrrua.r �� A'�PAR ImrnnryPlat LnnefCepe gelF�Ua&f LI_02 I 1 ` - -__i _ .1 --- ��- ---------- 1„• — I , > F } f H _ J L I _. 1 � r / 17 xT r i N Or Preliminary Plat Landscape Plan-Area 3 L1.03 Page 32 Page 160 Item#8. E. Open Space Exhibit— Updated 115121 3 �,�1 Areal Areal AfN] Arca4 Area] Area6 Areal ' 16.M8 a2-656 23,Nll 113,wq I 1A,174 113203 25,9fi4 Area 6 Area 9 Aree F0 Area 11 A1ea 12 Area 13 Area 14 3a2.d6: 63.134 12.83] U.512 3130i 2: 25 1i-0105 -------------»--- uea Alae ..1 5 et 11.1:3 *ri �_�`��--^-~-� r � � Rolesle Fe 23.96 all IIII � C r �E 1 10 - ` � r as 1p �� ` _ f � ■ \� -. ■ �h 4 ■ ; 3: :2 ■ 13 i s` 5 A 3 11 11 V MrF LAND WE G R 0 U P Pr,lrblb- To �• ,ar Page 33 Page 161 Item#8. F. Conceptual Building Elevations +60-ft lot Width +60-ft Lot Width mm law. =A=� lilt- K.r +6o-ft Lot Wi&h +SQ-ft Lot Width Or�kz MINE —IM6 oil oil jNE ON .... . " ? , Page 34 Page 162 Item#8. +Soft Lot Width +SO-ft Lot Width � • iYie1 0.. r •_••r A&Z.. am 1: ■ �u � _- - -��.� _'ter•. 1 •... .... .... .... JA , . +44ft Lot Width +44ft Lot Width 7. --=- =--- ---= 1 00 Page 35 Page 163 Item#8. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION A minimum of 10 days prior to the City ro,,neil hearing the ...-..1;..,;.,ary plat(and landseape plan) shall be FeViSed to inelude aMthff housing type(s) (i.e. single famil attaehed OF tOWHhOMeS)in the R 8 portion of the development; and eoneeptual elevation the additional housing type(s) shall be submitted.Zeiw Unes&hog be depieted o" the plai o The Commission did not recommend another housing type be provided. 1. Development of the subject property shall comply with the terms of the existing Development Agreement(MDA-12-009, Inst. #113077158),unless otherwise amended. 2. Development of the subject preliminary plat shall be consistent with the phasing plan included in Section VII.B. 3. The final plat shall include the following revisions: a. Include a note prohibiting direct lot access via W. Overland Rd. other than the accesses approved with this subdivision. b. Development of the proposed lots is required to comply with the dimensional standards of the R-2 district in UDC Table 11-2A-4 and the R-8 district in(UDC Table 11-2A-6), as applicable. 4. The landscape plan submitted with the final plat shall be revised as follows: a. Depict shrubs along with the required trees within the street buffer along W. Overland Rd. as set forth in UDC 11-3B-7C.3a.A minimum 35 foot wide street buffer is required. along W. Overland Rd., an entryway corridor. b. Landscaping shall be depicted along all pathways in accord with the standards listed in UDC 11-3B-12C; include a mix of trees(minimum of 1 per 100 linear feet of pathway), shrubs, lawn, and/or other vegetative groundcover. If landscaping(trees)is not allowed within NMID's easement for the Ridenbaugh Canal,an additional minimum 5-foot wide area shall be provided outside of the easement in a common lot(s) for the required trees. c. Include a minimum of 5-feet of landscaping between Lot 41,Block 1 and the adjacent pathway in accord with the standards listed in UDC 11-3B-12C. d. Include a calculations table that demonstrates compliance with the standards for street buffer(11-313-7C),pathway(11-3B-12C)and common open space(11-3G-3E.2) landscaping; include required vs.provided number of trees. e. Change the fencing tune along the Ridenbaugh Canal from chain-link to black wrought iron as required by City Council, 5. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-4 for the R-2 zoning district and UDC Table 11-2A-6 for the R-8 zoning district. 6. Off-street parking is required to be provided for all residential units in accord with the standards listed in UDC Table 11-3C-6 based on the number of bedrooms per unit. 7. An exhibit for the common driveways shall be submitted with the final plat application(s)that depicts the setbacks, fencing,building envelope and orientation of the lots and structures in accord with UDC 11-6C-3D.7. All common driveways shall be constructed in accord with the standards listed in UDC 11-6C-3D. Page 36 Page 164 Item#8. 8. A perpetual ingress/egress easement shall be filed with the Ada County Recorder for all common driveways,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment as set forth in UDC 11-6C-3D. This may be accomplished through a separate recorded easement submitted to the Planning Division with the final plat for City Engineer signature; or,the easement may be graphically depicted on the plat with a note including the aforementioned details. 9. Address signage shall be provided at the public street for homes accessed via common driveways for emergency wayfinding purposes. 10. Ten-foot(10')wide multi-use pathways shall be constructed on the site as depicted on the landscape plan. Fourteen-foot(14')wide public pedestrian easements shall be submitted in accord with Park's Department requirements per the Pathways Master Plan for all multi-use pathways within the site that are outside the public right-of-way. Coordinate the details of the easements with Kim Warren,Park's Department. 11. All existing structures that don't conform to the dimensional standards of the district shall be removed prior to signature on the final plat by the City Engineer on the phase in which they are located. 12. All construction and maintenance activities within the 75-foot wide Northwest gas pipeline easement/right-of-way shall comply with the Williams Developers' Handbook and any other associated requirements. The Applicant shall include Williams in the initial planning stages to avoid project delays and so that safe development practices in the vicinity of the pipeline can be attained. and net be- -d. Council approved a waiver to UDC 11-3A-6B to allow the Ridenbaugh Canal to remain open and not be piped. 14. A Certificate of Zoning Compliance and Design Review application is required to be submitted to the Planning Division for the clubhouse and swimming pool facility and approved prior to submittal of building permit applications for this facility. The design of the clubhouse shall comply with the design standards listed in the Architectural Standards Manual. 15. In accord with the Development Agreement(Inst. #113077158—MDA-12-009),the height of homes along the southern boundary of the subdivision shared with Val Vista and Aspen Cove subdivisions shall be limited to a maximum height of 22 feet [measured from either the mid- point of the front of the lot at the top back of curb,or the mid-point of the rear of the lot (whichever is more restrictive)],to the average height of the highest roof surface. In the event the maximum height of the home as so measured is lower than the top of the 6-foot tall masonry fence,then the maximum height may be increased so that the maximum height is equal to the elevation of the top of the fence at midpoint of the rear of the lot. The lots along this boundary are also required to provide a minimum 50-foot rear setback.See provisions #6.3.8 and#6.3.10. 16. In accord with the Development Agreement(Inst. #113077158—MDA-12-009),the Applicant shall submit and obtain Design Review approval prior to the City Engineer's signature on the final plat for each phase of development; or submit and obtain City Council approval(or a development agreement modification)of plans that propose specific and detailed architectural guidelines for this development and that address(at a minimum)variety in structures within a block,building mass,building materials,rooflines,colors and architectural styles (provision#6.3.13). Page 37 Page 165 Item#8. 17. The existing home on Parcel#S 1223131250(Rice property)that is proposed to remain on a lot in the subdivision(i.e. Lot 64,Block 1) shall be required to hook-up to City water and sewer service within 60 days of it becoming available as set forth in 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. 18. The address of the existing home on Parcel#S 1223131250(Rice property)that is proposed to remain on a lot in the subdivision(i.e. Lot 64,Block 1)shall be changed with development to the street from which access is taken(S. Rio De Oro Pl.); coordinate with Terri Ricks,Land Development on the new address. 19. The homes on Lots 17, 19,25 and 27,Block 10 shall be provided with residential fire sprinklers,unless otherwise approved by the Fire Marshall, as they appear to be beyond the required"hose lay" standards of the Fire Dept.If the location of the home does not require a "hose lay"exceeding 150 feet from the nearest point of fire truck access (i.e. the end of the shared driveway) to reach the most remote portion of the structure, the Fire Marshall may waive this requirement. 20. The Annlicant shall Brant an easement to Jim Jewett with Phase 1 to extend sewer to Parcel #S 1223233950 at the northwest corner of the site if needed prior to development of Phase 4. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 The farthest north connection in Overland currently is connecting right at an existing PRV. This connection needs to move south of the T that connects to the PRV. If the water main connection is moved south by one lot it should provide enough distance to connect outside of the PRV. 1.2 There needs to be a water valve between the two connections on Overland for redundancy purposes. 1.3 The City does not want public sewer lines in common driveways as shown for Driveway C. Either reroute sewer line or place road over top of sewer line. 1.4 Locate Infiltration Trenches to eliminate sewer service line crossings.No sewer mainlines in common drives, only sewer services (reminder that a maximum of three services are allowed into a manhole,with a minimum 30-degrees of angle separation). 1.5 The geotechnical investigative report for this development,prepared by STRATA, dated 12/26/2007,which was prior to the termination gravel mining operation. Once the operation ceased,the site was reclaimed in preparation for the proposed subdivision in accordance with Dept. of Lands and project geotechnical engineer requirements. The existing soils consist of well-graded sands and gravels which are extremely well-suited for the proposed development as a subdivision according to Jason Densmer,PE,project engineer. 2. General Conditions of Approval 2.1 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 Page 38 Page 166 Item#8. City of Meridian Public Works Departments Standard Specifications. 2.2 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. 2.3 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. 2.4 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. 2.5 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. 2.6 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. 2.7 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. 2.8 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. 2.9 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. 2.10 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. 2.11 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.12 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.13 All grading of the site shall be performed in conformance with MCC I I-1-4B. 2.14 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. 2.15 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 Page 39 Page 167 Item#8. ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.16 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. 2.17 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. 2.18 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. 2.19 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. 2.20 Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 2.21 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. 2.22 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. 2.23 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. Page 40 Page 168 Item#8. 2.24 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. C. FIRE DEPARTMENT https:llweblink.meridiancity.ory WWebLinkIDocView.aspx?id=218082&dbid=0&repo=MeridianC hty D. POLICE DEPARTMENT https:llweblink.meridianci(E.oLvlWebLinkIDocView.aspx?id=217080&dbid=0&re2o=MeridianC ky E. PARK'S DEPARTMENT https://weblink.m eridia n c i 0!.orglWeUinklDocView.aspx?id=217426&dbid=0&repo=MeridianC iv F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https://weblink.meridiancity.orglWeUinklDocView.aspx?id=217744&dbid=0&repo=MeridianC iv G. CENTRAL DISTRICT HEALTH DEPARTMENT https:llweblink.meridiancity.orglWebLink/DocView.aspx?id=217149&dbid=0&repo=MeridianC ky H. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridianci0!.orglWebLink/DocView.aspx?id=217367&dbid=0&repo=MeridianC Lty 1. WEST ADA SCHOOL DISTRICT(WASD) https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=218116&dbid=0&repo=MeridianC Lty J. COMMUNITY DEVELOPMENT SCHOOL IMPACT ANALYSIS https:llweblink.meridianciU.orglWebLink/DocView.aspx?id=218003&dbid=0&repo=MeridianC hty K. NAMPA&MERIDIAN IRRIGATION DISTRICT No comments were received. L. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancity.org/WebLink/DocView.aspx?id=218126&dbid=0&repo=MeridianC hty Page 41 Page 169 Item#8. 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 proposed zoning map amendment to R-2 and R-8 and subsequent development is consistent with the Comprehensive Plan. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment will allow for the development of single-family detached homes on various lot sizes which will contribute to the range of housing opportunities available within the City consistent with the purpose statement of the residential districts. 3. The map amendment shall not be materially detrimental to the public health, safety,and welfare; The City Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds 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 best interest of city. This Findings is not applicable as the application is for a rezone, not annexation. 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: 1. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density and transportation. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property with development. (See Exhibit B of the Staff Report for more details from public service providers) Page 42 Page 170 Item#8. 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 any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. 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 based upon comments from the public service providers (i.e., Police, Fire, ACHD, etc). (See Section VIII for more information) 5. The development will not be detrimental to the public health,safety or general welfare; and, The City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. 6. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 43 Page 171 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Development Agreement Between the City of Meridian and Daniel Eisenring (Owner/Developer) for 2810 E Franklin Rd (H-2020-0097) Page 172 ADA COUNTY RECORDER Phil McGrane 2021-014148 BOISE IDAHO Pgs=27 KRISTINA LOWRY 01/27/2021 10:28 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Daniel Eisenring, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 26th day of January 2021, 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 Daniel Eisenring whose address is 194 W. Broderick Dr.,Meridian,ID 83646, hereinafter called OWNER/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 § 67-6511A 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 1.1-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS,Owner/Developer has submitted an application for annexation of 1.01 acres of land with an C-G (General Retail and Service Commercial) 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 rezoning held before Planning and Zoning Commission and the City Council,includes responses of DEVELOPMENT AGREEMENT—2810 E.FRANKLIN RD.(II-2020-0097) PAGE I OF 7 government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 5t' day of January, 2021, 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/DEVELOPOER: means and refers to Daniel Eisenring, whose address is 194 E. Broderick Dr., Meridian, ID 83646 hereinafter called OWNER/DEVELOPER,the party that owns and is developing said Property and shall include any subsequent owner(s)and/or developer(s)of the Property. DEVELOPMENT AGREEMENT-2810 E.FRANKLIN RD.(H-2020-0097) PAGE 2 OF 7 Item#9. 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. Owners/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the conceptual development plan included in Section VIII.B, of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit"B". and the provisions contained herein and the applicable standards in the Unified Development Code. b. A cross-access/ingress-egress easement shall be granted to the adjoining property to the west with development as set forth in UDC 11-3A-3A.2. The driveway shall be constructed within the easements to the property boundary to facilitate future cross- access between properties.A recorded copy of the easement shall be submitted to the Planning Division with the Certificate of Zoning Compliance application. d. The unimproved portion of the site shall be regularly maintained in a manner that prevents weeds from being a nuisance and prevents wildfire in accord with MCC 4-2. e. All development shall comply with the structure and site design standards listed in UDC 11-3A-19 and the design standards listed in the Architectural Standards Manual. 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—2810 E.FRANKLIN RD.(H-2020-0097) PAGE 3 OF 7 Page 175 Item#9. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owners/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—2810 E.FRANKLIN RD.(H-2020-0097) PAGE 4 OF 7 Page 176 Item#9. 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 Owners 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: Daniel Eisenring 194 W. Broderick Dr Meridian, ID 83646 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—2810 E.FRANKLIN RD.(H-2020-0097) PAGE 5 OF 7 Page 177 Item#9. the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owner/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/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 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—2810 E.FRANKLIN RD.(H-2020-0097) PAGE 6 OF 7 Page 178 Item#9. ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS/DEVELOPER: Davie isen ng CITY OF MERIDIAN ATTEST. By: Mayor Robert E. Simison 1-26-2021 Chris Johnson, City Clerk 1-26-2021 STATE OF IDAHO ) ss: County of Ada } On this day of A' n ,2021,before me,the undersigned,a Notary Public in and for said State, personally appeared Daniel Eisenring known r identified to me to be the person who signed above and acknowledged to me that he executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. RAGHELHOWARD r NOTARY PUBLIC-STATE OF IDAHO �/ COMMISSION NUMBER6B937 Notary Pilb-I fir' 4 MY COMMISSION EXPIRES 11-29-2022 Residing at: l D STATE OF IDAHO My Commission Expires:�j- ZZ ) ss County of Ada } On this 26th day of January 2021, before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and CIerk,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, 1 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- DEVELOPMENT AGRF-EMENT-2810 E.FRANKLIN RD.(H-2020-0097) PAGE 7 OF 7 Item#s. EXHIBIT A &am 9233 WEST STA-f STREET 1 1301SE,ID 83714 1 X&699.6939 I FAX 208.639.59313 September 22,Z020 Project No,20-113 Exhibit A Legal Descrlptian for Annexat ion and Rezone to GG A parcel of land situated In a portion of the Southeast 1/4 of Section 8,Township 3 North,Range 1 East, B.M.,Ada County, Idaho and being mare particularkydescrlbedas faliows= Commenting at a found brass cap marking the Southeast cornet of said Sectlon S.which bears M89"54'351W is distance of 2,571.03 f-et from a found brass rap marking the South 1/4 corner of said Section 8; Thence following the southerly IIne of said Southeast 1/4,N89'54'3V'VV a distame of 1,171.19 feet to the POINT OF BEGINNING. Thence following said southerly line,N89'S4'35"W a distance of 152.04 feet; Thence leaving said southerly line, N07"12'38"E a distance of 290,38 feet to a found 1/2-inch rebaron th a bounds ry 11 ne of Olson a nd Bush Subdivision Na_3{Book 107,Pages 14,905-14,907 of Plats); Thence fol lowi mg said subdivision bounda ry line the following two(2)caurses= 1, 589`S$'15" a distance Df 149,84 feet to a found 5/8-inch reba r; 2. 500*13'25"E a distance of 29C154 feet to the PINNIT OF BEGINNING. Said parcel contains 1,C06 a tees,more or less,a nd is subject to al I exi sti ng easeme itits a nd/or rights-o F- way of record or implied. All subdivisions,deeds,records of surveys,and other instruments of record referenced herein are recorded daa-nent5 of the county in which these described lands are situated In. Attached hereto is ExhNt B and by the reference is hereby made a part of. L iq,p. C 662 U, KE ENGINEERS SURVEYORS PLANNERS 2810 E. Franklin-Exhibit A Page 180 Item#s. EXHIBIT A Olson-ond hush Suhdi0sion tdo-3 r Lat 8 LW 9 —F 89'58'15"E 149.841 cENs `ti Q 0 — w 0 0 0 CD $atona Area; I.006+-AG N Unpl@hE!d LFJ APN;51108449" W Lat i l CufrertZonF RUT R sLloaa�asas m Zoning, ?*7 Proposed Zaning,GG N o � p z u} M� —iR/'R FII'W R/W- FrjV $ 1247.80' PO4NT OF 19MANNING 1171.19' 8 9 N89'54'W 1N 152,04' — 17, i6 S t/4 CORNER S=0N S BASIS OF BEWING POINT OF COMMEROWENT FOUND BRASS E. Fr €IkIRn Rd. SE CORNER 5EC110N S PER O2,91 INS-, - 104161694 LEGEND FOUND BRASS CAP "PL.S �291 42�04" D 50 10D J50 FOUND BRASS CAP 5/5—INCH MAR Plan Scale:1"=50' O 1 f2—INIGH KEAR CALCULAsTF.D FONT REZONE BOUNDARY —EX1571h1G RIGHT—OF—WAY — — —SECTICtq LIME ENGINEERING — ADJACENT BOUNDARY LINE 9233 WEST STATE ST3IEET WIU.IPAHO03714 PHONE I208}E39a;aa3 EXHIBIT B o.+,tE; bri E+�2o enjdIP.mm ANNEXATION AND REZONE TO C- RKMErh 34113 SHEET; A PORTION OF THE S 1f 2 OF THE SE 114 OF 1 OF 1 .SECTION 8,T314, R1E, ADA COUNTY, IDAHO 2810 E. Franklin—Exhibit A Page 181 ►tem#s. EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW E IDIAN�' AND DECISION& ORDER , In the Matter of the Request for Annexation of 1.01 Acres of Land with a C-G Zoning District,by KM Engineering. Case No(s). H-2020-0097 For the City Council Hearing Date of: December 22,2020 (Findings on January 5,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of December 22,2020, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of December 22, 2020, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 22, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of December 22,2020, 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. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 22,2020, incorporated by reference. The conditions are concluded to FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR 2810 E.FRANKLIN RD.—AZ H-2020-0097 - I - Page 182 Item#9. 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 and zoning is hereby approved with the requirement of a Development Agreement per the provisions in the Staff Report for the hearing date of December 22,2020, attached as Exhibit A. D. Notice of Applicable Time Limits 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 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. 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 December 22,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR 2810 E.FRANKLIN RD.—AZ H-2020-0097 -2- Page 183 Item#9. By action of the City Council at its regular meeting held on the 5th day of January 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: 1-5-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR 2810 E.FRANKLIN RD.—AZ H-2020-0097 -3- Page 184 ►tem#s. EXHIBIT A STAFF REPORTC�WEIIDIAN COMMUNITY DEVELOPMENT DEPARTMENT HEARING December 22,2020 Legend DATE: IffIlr1l II..IJ��`- Luca-or TO: Mayor&City Council _ FROM: Sonya Allen,Associate Planner 208-884-5533 4 SUBJECT: H-2020-0097 2810 E. Franklin Rd.—AZ ` LOCATION: 2810 E. Franklin Rd.,in the SE 1/4 of Section 8,Township 3N.,Range 1E. (Parcel#S 1108449000) -- ---- � r I. PROJECT DESCRIPTION The Applicant requests annexation of 1.01 acres of land with a C-G zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 0.92 of an acre(1.01 including adjacent right-of-way to the centerline of E.Franklin Rd.) Future Land Use Designation Commercial Existing Land Use Single-family residential Proposed Land Use(s) Flex space Current Zoning RUT in Ada County Proposed Zoning Commercial(General Retail and Service Commercial) Waterways The Snider Lateral crosses the northern portion of this site. Neighborhood meeting date;#of September 2,2020;3 attendees attendees: History(previous approvals) None Page 1 Page 185 Item#9. B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State One(1)existing access via E.Franklin Rd.,an arterial street Hwy/Local)(Existing and Proposed) and entryway corridor,proposed to remain Fire Service No comments were submitted. Police Service No comments were submitted. Wastewater Distance to Sewer Services Directly adjacent in Franklin Rd. Sewer Shed Five Mile Trunk Estimated Project Sewer ERU's See application WRRF Declining Balance 13.98 Project Consistent with WW Yes Master Plan/Facility Plan Impacts/Concerns No comment Water Distance to Water Services Directly adjacent in Franklin Rd. Pressure Zone 3 Estimated Project Water ERU's See application Water Quality None Project Consistent with Water Yes Master Plan Impacts/Concerns No comment C. Project Maps Future Land Use Map Aerial Map ffLegend R � Legend I Project El 4 1 4i 1- � 1 w= sity Res 0' ntia, lu �id 0 1 OM Page 2 Page 186 Item#9. Zoning Map Planned Development Map (fLegend (fLegend P�,oj&:t I a-nfan IetProject bma-Mon P4onned Paraels LI -G 1 'C L'0 I I ' L C- IS - I I I y I I I 1 G ^ PLC L'0 --I ,- R.- Rl9 T ' TTT�TR1 �.L' . C' ----- III. APPLICANT INFORMATION A. Applicant: Stephanie Leonard,KM Engineering—9233 W. State St., Boise, ID 83714 B. Owner: Daniel Eisenring— 194 W. Broderick Dr.,Meridian, ID 83646 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 10/30/2020 12/4/2020 Radius notification mailed to property owners within 300 feet 10/30/2020 12/1/2020 Public hearing notice sign posted 11/5/2020 12/3/2020 on site Nextdoor posting 10/30/2020 12/2/2020 V. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is designated as Commercial on the Future Land Use Map (FLUM)in the Comprehensive Plan. The Commercial designation provides for a full range of commercial uses to serve area residents and visitors. Desired uses may include retail,restaurants,personal and professional services,and office uses, as well as appropriate public and quasi-public uses. Multi-family residential may be allowed in Page 3 Page 187 Item#9. some cases but should be careful to promote a high quality of life through thoughtful site design, connectivity and amenities. The Applicant proposes to redevelop this site for a flex space use that will consist of office and warehouse space for an automotive tool and equipment supplier. Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Encourage infill development."(3.03.01E) The Comprehensive Plan defines infill as "development on vacant parcels, or redevelopment of existing parcels to a higher and better use that is surrounded by developed property within the City of Meridian."The subject property abuts City annexed land to the north, east and south and is proposed to redevelop with a commercial use. • "Focus development and redevelopment intensity on key transportation corridors." (3.07.02C) The subject property and proposed flex space use is located adjacent to E. Franklin Rd., a key transportation corridor and entryway corridor into the City. Redevelopment of this property to a commercial use is an appropriate intensity in this location along a major transportation corridor. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The property to the north is zoned industrial(I-L); the property to the northwest is developed with a landscape supply business and the property directly to the north is undeveloped. The property to the east is vacant/undeveloped land zoned C-G. The office proposed in the existing building adjacent to Franklin Rd. and the warehouse proposed in the rear building facing industrial zoned land should be compatible with existing and future abutting industrial and commercial uses. • "Require appropriate landscaping,buffers, and noise mitigation with new development along transportation corridors(setback,vegetation, low walls,berms, etc.)."(3.07.01C) A 35 foot wide landscaped street buffer will be required with development along E. Franklin Rd., an arterial street and entryway corridor, landscaped per the standards listed in UDC 11-3B-7C. • "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 in E.Franklin Rd. and can be extended by the developer with development in accord with UDC 11-3A-21. • "Require appropriate building design, and landscaping elements to buffer, screen,beautify, and integrate commercial,multifamily, and parking lots into existing neighborhoods."(5.01.02D) Street buffer and parking lot landscaping will be required with development in accord with the standards listed in UDC 11-3B-7C and 11-3B-8C, respectively. The design of the new structure is required to be consistent with the standards listed in the Architectural Standards Manual. • "Reduce the number of existing access points onto arterial streets by using methods such as cross- access agreements, access management, and frontage/backage roads, and promoting local and collector street connectivity."(6.01.02B) The Applicant will be required to grant cross-access easements to adjacent properties to the east and west with development in accord with UDC 11-3A-3A.2, unless otherwise waived by Council. The Applicant is requesting a waiver from City Council to not provide cross-access easements to Page 4 Page 188 Item#9. adjacent properties due to the topography of the site combined with the space available for development with retention of the existing structure. • "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 annexation and flex space use of the property conforms to the City's vision and City water and sewer services are available to be extended to the property. Fire and police service are already provided in this area. VI. STAFF ANALYSIS A. ANNEXATION&ZONING The area proposed to be annexed consists of 1.01 acres of land and includes land to the section line of E. Franklin Rd. The property is currently zoned RUT and located in Ada County. The Applicant proposes to annex the property into the City with a C-G zoning district consistent with the associated FLUM designation of Commercial. A conceptual development plan is proposed as shown in Section VIII.B. The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary. A legal description and exhibit map for the annexation area is included in Section VIII.A. The topography of this site slopes down significantly from Franklin Rd. to the north property boundary and has approximately a 20 foot grade difference as shown on the grading plan in Section VIII.B. A retaining wall is depicted on the concept plan at the north and west boundaries of the area proposed to be improved with this project. There is an existing residential home on the property that the Applicant proposes to remodel and expand for a flex space use. The concept plan depicts 2,239 square feet(s.f.) of office on the first floor and 1,550 s.f. of office and support uses in the basement of the existing structure, and a new 2,600 s.f. structure for a warehouse.The new structure is proposed to the north behind the existing structure and will include a daylight basement. The user will be an automotive tool and equipment supplier, classified as a flex space use. The business proposes to sell products online to automotive businesses and at-home mechanics and will not conduct any retail sales on the site. Flex space is listed in UDC Table 11-213-2 as a principal permitted use in the C-G zoning district subject to the specific use standards listed in UDC 11-4-3-18: Flex Space,as follows: A. Office and/or retail showroom areas shall comprise a minimum of thirty percent(30%) of the structure and/or tenant space. The proposed office/support use comprises approximately 60%of the structure in accord with this standard; retail sale of products to the public is not proposed. B. Light industry and warehousing shall not comprise more than seventy percent(70%)of the tenant space.At approximately 40%, the proposed warehouse area complies with this standard. C. In the C-C, C-G and M-E Districts,roll-up doors shall not be visible from a public street. One roll-up door is proposed at the rear of the structure, which isn't visible from E. Franklin Rd. D. Except in the I-L and I-H Districts,loading docks are prohibited.No loading docks are proposed; because this property is proposed to be zoned C-G, loading docks are prohibited. E. Retail use shall not exceed twenty five percent(25%)of leasable area in any tenant space. No retail sales are proposed. The proposed use and site design complies with the above listed standards. Compliance with the dimensional standards for the C-G zoning district listed in UDC Table 11-2B-3 is also required. The existing and proposed structures comply with the minimum setback requirements of the district. A 35' Page 5 Page 189 Item#9. wide street buffer is required with development along Franklin Rd., an entryway corridor, landscaped per the standards listed in UDC 11-313-7C. The existing driveway access via Franklin Rd. is proposed to remain for access to the site and has been approved by ACHD. Because it closely aligns with a driveway on the south side of Franklin Rd., relocation of the driveway is not recommended. The UDC (11-3A-3A.2)requires cross-access/ingress- egress easements to be granted to adjoining properties where access to a local street is not available, unless otherwise waived by City Council. In accord with this standard,because access isn't available via a local street, Staff recommends cross-access easements are provided and driveways constructed to the properties to the east and west. A 20-foot wide cross-access easement is depicted on the concept plan to the east and west but the Applicant requests Council approval of a waiver to this requirement to not provide cross-access easements due to the topography of the site and site constraints related to the space available for development.At a minimum, Staff recommends Council require cross- access to the west.Note: Staff contacted Ada County to see if a cross-access easement was provided to the subject property with re-development of the adjacent property to the west but has yet to receive an answer. Update:Ada County replied back that a cross-access easement wasn't provided to the subject property with redevelopment of the site in 2002 (File#02-33-MSPe A minimum of one(1) off-street vehicle parking space is required to be provided for every 500 square feet of gross floor area; and one(1)bicycle parking space is required for every 25 proposed vehicle spaces or portion thereof. Based on 6,389 square feet, a minimum of 12 vehicle spaces and one(1) bicycle space is required. A total of 13 spaces are depicted on the conceptual site plan,including an ADA space,which is one more than required. However, if cross-access driveways are provided to adjacent properties as required by the UDC, it will reduce the parking by up to(3)spaces,which will result in parking below the required minimum standard. If a waiver is not approved by Council to the requirement for cross-access to be provided to adjacent properties to the east and west,the Applicant may apply for alternative compliance to UDC 11-3C-6B.1; or,construct a smaller addition to reduce the parking requirement. Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11- 3B-8C,which requires a minimum 5-foot wide perimeter landscape buffer adjacent to parking, loading or other paved vehicular use areas,landscaped per the standards listed in UDC 11-311- 8C.1b.A retaining wall and fence is proposed along the west boundary adjacent to the parallel parking spaces where the buffer is required,which doesn't leave adequare area for landscaping.If the site cannot be reconfigured to comply with this standard, alternative compliance may be requested with the Certificate of Zoning Compliance application. The Snyder Lateral exists in a 40-foot wide easement on the northern portion of the property that is not proposed to be improved. All irrigation laterals are required to be piped unless improved as a water amenity or linear open space as defined in UDC 11-1A-1 as set forth in UDC 11-3A-6B. The City Council may waive this requirement if it finds the public purpose requiring such will not be served and public safety can be preserved per UDC 11-3A-6B.3a. The Applicant proposes to fence off the area where the lateral is located to preserve public safety and requests a Council waiver to this requirement. Because a large portion of this site on the north end is not proposed to be improved, Staff recommends weeds are regularly maintained in this area so as not to create a nuisance and in a manner that prevents wildfire in accord with MCC 4-2. Conceptual building elevations with materials were submitted as shown in Section VIII.0 of the remodel of the existing structure and proposed addition. The materials for the front fagade and sides of the existing building consist of stucco with pre-finished metal siding and stone veneer accents; the materials for the proposed warehouse addition consist of a mix of horizontal and vertical metal siding. All improvements to the existing structure and new construction are required to comply with the Page 6 Page 190 Item#9. design standards listed in the Architectural Standards Manual. A Certificate of Zoning Compliance and Design Review application is required to be submitted to the Planning Division and approved prior to submittal of a building permit application. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-651 IA. To ensure the site develops as proposed with this application and as recommended by Staff in accord with UDC standards,Staff recommends a DA is required as a provision of annexation(see provision in Section IX.A). VII. DECISION A. Staff: Staff recommends approval of the proposed Annexation&Zoning with the requirement of a Development Agreement per the provisions in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard this item on November 19,2020. At the public hearing,the Commission moved to recommend approval of the subject AZ request. 1. Summary of Commission public hearing_ a. In favor: Stephanie Leonard,KM Engineering(Applicant's Representative) b. In opposition:None C. Commenting. None d. Written testimony: Stephanie Leonard,KM Engineering(Applicant's Representative) e. Staff presenting gpplication: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony a. None 3. Key issue As)of discussion by Commission: a. If favor of the proposed improvements to the existing structure and use; b. Adequacy of the proposed parking in relation to the square footage of office use proposed; C. Possibility of relocating the storm drainage area to allow for more parkin to o be provided. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. The Applicant requests Council waivers to the UDC requirements for cross- access/ingress-egress easements to be granted to the adjacent properties to the east& west; and for the Snyder Lateral on the northern portion of the site to be piped. C. The Meridian City Council heard this item on December 22,2020. At the public hearing.the Council moved to approve the subject AZ request. I. Summary of the City Council public hearing: a. In favor: Stephanie Leonard,KM Engineering(Applicant's Representative) b. In opposition:None C. Commenting:None d. Written testimony: Stephanie Leonard,KM Engineering(Applicant's Representative) e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: Page 7 Page 191 Item#9. a. The Applicant's request for a waiver to the requirement for cross-access easements to be provided to the adjacent properties to the east and west—discussion of various options: b. The Applicant's request for a waiver to the requirement to pipe the Snyder Lateral. 4. City_ Council change(s)to Commission recommendation. a. The City Council voted to approve the Applicant's request for a waiver to not be required to pipe the Snyder Lateral: and. b. The City Council voted to require a cross-access ingress/egress easement and driveway to be provided only to the property to the west(not to the east). Page 8 Page 192 Item#9. VIII. EXHIBITS A. Annexation&Zoning Legal Description and Exhibit Map kM 9233 WE57 STATE STREET I BOISE ID 83714 1 2fl$.6 M939 1 PAX 208.639.6934 September 22,2020 Project No.20-113 Dd ibit A Legal IOesariptian for Amreuatlan and Reaorre to C-G A parcel of land situated in a portion of the Southeast 1/4 of Section 8,Township 3 North,Range 1 East, B.M.,Ada County, Idaho and being more particularly descrlbed as follows: Commencing at a found brass cap marking the Southeast corner of said Section 8,whlch bears 11489"54'35"W a distance of 2,571.03 faet from a found hraSS rap marking the South 114 corner of said section 8; Thence following the southerly I I ne of said Southeast 1/4,N89'54`35"W a distance of 1,171.79 feet to the POINT GF BEGINNING. Thence following said southerly line,N89'54'35"W a distance of 152.04 feet; Thence leavIng said southerly line,N07 12'38"E a distance of 290.38 feet to a found 1/2-inch rebaron the boundary line of Olson and Bush Subdivlslon No_3(Book 107,Pages 14,905—14,907 of Plats); Thence fallowing said subdIvislon boundary line ttie foWvAng two(2)courses: 1. 589'58'15"E a distance of 149.84 feet to a found 5/8-inch rehar; 2. 500'13'25"E a distance of 29C1.54 feet to the PCHNIT OF BEGINNING. Said parcel contains 1.005 acres,more or less,and is subject to ali existing easements and/or rlghts-of- way of record or implied. All subdivisions,deeds,retards of surveys,and other instn rrients of record referenced herein are recorded documents of the county in whldWese described laroft are situated In. Attached hereto is FxhI t B and by this reference is hereby made a part of. �,L 1AA�p 0 6 A- f' OF 9- K ' y ir+r/ ENGINEERS SURVEYORS I PLANNERS Page 9 Page 193 Item#9. 0150n a rut i3�1a 5uhdiv Jun no-3 Lit 8 Lat 9 ksg,58,15"F 149,84' ti.EA1l;,� Elk as cc U ChCq co tlurie Area: 1,006+-AC Unph=d ,LPN:S1108449XM � Lat 11 5110,5438545 to CurrentZ4n-rng_RUT PrflFosed Zoning,C-F, r4 td 6 C3 0) W WM'- R,IW RJ'w RJy,' O b $ POINT OF BEGINNING 1 171 A 9' .8 9 _ 1247.817�_ 17 N89'54'35"W 152.04' `- — — �7# 16 -- ----- - ----N59.54'35'W 2571.a3'----- -----�L ' S t/4 CCRMER SECTION a RA51S OF BEARING POINT OF COMMENCEMENT FQUN� BRA55 E. Franklin Rd. �` SE CORNER SECTIow a PER CP&F INST. [Ir,6 1041$19-64 LEGEND FOUND BRASS CAP "PLS 5291 12-04- D 50 100 150 41 FOUND BRASS CAMP Plan Scale:1"=50' 1/2-INCH REEi R CALCULATED PANT &amREZONE BOUNDARY V - T 1S1'ING RIGHT-OF-WAY - - - —SECTMN LINE E M I hI E E It l k+f G m' - ADJACENT 80UNDARY LINE E?233 WEST STATE ST3EET 3�I&E IBAE 03e3s EXHIBITB Per�ras Igoe208}E33.e3�a Er•Sen�IP.r"m ANNE ATION AN1) RE ONE TO C-G bA,TE: sVs�:e FAMEM 2EL11p N ET; A PORTION OF THE S 1f 2 OF THE SE 1/4 OF 11 OF Z .SECTION 8,TM, RIE, ADA COUNTY, IDAHO Page 10 Page 194 Item#9. B. Conceptual Development Plan&Grading Exhibit(dated: November 5,2020) H +I I I H -_I tlT16[6'ivevs.�a wog.Wa anx e ddd+lll 4 r "� I I I a - wa '[ci.yv..r..iue.e�al I W Z P s Z _ _ m__ _ __ _____ WEI E.FRANKLIN Rif km 1 OF 1 Page 11 Page 195 Item#9. N *a An a ji ruM E ITI - - ET s��®�� •�A�' �� -• _ E E _ �i ! jL ¢ —o E.FRANKLIN R� km 1OFI Page 12 Page 196 Item#9. C. Conceptual Building Elevations(dated: September 10,2020) ruUeertarcililecis _ y OFFICE 6 u WAREHOUSE GI EXTER�n .IOR E451 ELEVATION FLEX SPACE Y.,.... _ MIMING V '~ FTJ e �� Eli g r a a AlR,oRsoDTME A3.01 �a OFFICE& WFREHOUSE EL E GI .v BUILDING S — m -AlaoaNOR a a .._e R _.. A3.02 Page 13 Page 197 Item#9. IX. 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 conceptual development plan included in Section VIII.B, applicable standards in the Unified Development Code, and the provisions contained herein. b. A Ecross-access/ingress-egress easements shall be granted to the adjoining propertiesy to the east an west with development as set forth in UDC 11-3A-3A.2, less athef ise waived by City Cou . The Pdriveways shall be constructed within the easements to the property boundary to facilitate future cross-access between properties. A Rrecorded copiesy of the easements shall be submitted to the Planning Division with the Certificate of Zoning Compliance application. e. The Sffyder-Later-a!,lying on the noi4hefn pot4ien of the sttbj ect pr-apeFt-f, shall be piped of ethefwise eovefed with developmefft as set fefth in UDG 11 3A 6B,unless other-wise waived-by CityCetineil.The Council approved a waiver to UDC I1-3A-6B to allow the Snyder Lateral to remain open and not be piped. d. The unimproved portion of the site shall be regularly maintained in a manner that prevents weeds from being a nuisance and prevents wildfire in accord with MCC 4-2. e. All development shall comply with the structure and site design standards listed in UDC 11-3A- 19 and the design standards listed in the Architectural Standards Manual. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Sanitary sewer and water service lines currently exist to this address. C. FIRE DEPARTMENT No comments were received. D. POLICE DEPARTMENT No comments were received. E. PARK'S DEPARTMENT No comments were received. F. ADA COUNTY DEVELOPMENT https:llweblink.meridiancity.orglWebLink/Browse.aspx?id=214628&dbid=0&repo=MeridianCity Page 14 Page 198 Item#9. G. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancity.org/WebLink/DocView.aspx?id=21641 S&dbid=0&repo=Meridian City X. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) 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's proposal to annex the subject 1.01 acre property with a C-G zoning district for the development of a flex space use is consistent with the associated Commercial FL UM designation for this property. (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 subsequent development will comply with the regulations of the C-G zoning district and will provide for the service needs of the community in accord with the purpose statement of the Commercial districts. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; The City Council finds the proposed map amendment will not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds the proposed map amendment will not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City, including the school district. 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. Page 15 Page 199 Item#10. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Development Agreement Between the City of Meridian and SI Construction, LLC (Owner/Developer) for Goddard Creek Community (H-2020-0092) Page 200 ADA COUNTY RECORDER Phil McGrane 2021-014149 BOISE IDAHO Pgs=43 KRISTINA LOWRY 01/27/2021 10:29 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. SI Construction LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 26th day of January , 2021, 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 SI Construction LLC whose address is 1016 W. Sanetta Street,Nampa; ID 83 65 1, hereinafter called OVJNER/DEVELOPER. I. 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 § 67-6511A provides than 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 11-513-3 of the Unified Development Code ("UDC"), which. authorizes development agreements upon the annexation and/or re-zoning of land.; and 1.4 WHEREAS, Owner/Developer have submitted an application for a .. Modification of a Development Agreement to remove the property listed in Exhibit "A" from the existing Development Agreement(Inst. #103012598) and a rezone of 5.03 acres of land from a R-4 (medium low density residential)zoning district to R-1.5(medium high residential)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 DEVELOPMENT AGREEMENT-GODDARD CREED.COMMt NTTY(H-2020-0092) PAGE 1 OF 8 Item#10. 1.6 WHEREAS,the record of the proceedings for requested rezoning held before Planning and Zoning Commission and the City Council,includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 22nd day of December, 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,The property listed in Exhibit"A" shall no longer be subject to the terms of the existing Development Agreements (Inst. #103012598) and shall be bound by the terms contained herein in this new agreement. 1.11 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. DEVELOPMENT AGREEMENT—GODDARD CREEK COMMUNITY(H-2020-0092) PAGE 2 OF 8 Page 202 Item#10. 3.2 OWNER/DEVELOPOER: means and refers to SI Construction LLC, whose address is 1016 W. Sanetta Street,Nampa,ID 83651 hereinafter called OWNER/DEVELOPER,the party that owns and is developing said Property and shall include any subsequent owner(s)and/or developer(s)ofthe Property. 3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada,City of Meridian as in Exhibit"A"describing a parcel to 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. Owners/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall comply with the preliminary plat,landscape plan, and conceptual building elevations(single-story)included in Section VII of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as exhibit`B". and the provisions contained herein. b. The Applicant shall widen W. Apgar Creek Lane(the existing private street abutting the subject site)by eight(8)feet in order to accommodate on-street parking along the southern side of the street as shown in the proposed preliminary plat(Exhibit VILB of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as exhibit`B"). c. Any area of the plat where pedestrians need to cross the private street for added pedestrian connectivity shall be constructed with pavers,stamped concrete,or similar in order to clearly delineate the pedestrian pathways from the driving lane; this includes the proposed pedestrian connection that runs next to the southwest common drive (Lot 12)that connects to W. McMillan Road. d. The proposed development shall be an age-restricted (55 years of age and older) development as proposed by the Applicant. e. Each common drive shall be limited to providing access to no more than three (3) dwelling units. 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—GODDARD CREEK COMMUNITY(H-2020-0092) PAGE 3 OF 8 Page 203 Item#10. 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 Owner/Developer's default of this Agreement, Owners/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 DEVELOPMENT AGREEMENT—GODDARD CREEK COMMUNITY(H-2020-0092) PAGE 4 OF 8 Page 204 Item#10. 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 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 Owners 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: SI Construction LLC 1016 W. Sanetta Street Nampa, ID 83651 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—GODDARD CREEK COMMUNITY(H-2020-0092) PAGE 5 OF 8 Page 205 Item#10. 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 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/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/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owner/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 parry 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/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 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 DEVELOPMENT AGREEMENT-GODDARD CREEK COMMUNITY(H-2020-0092) PAGE 6 OF 8 Page 206 Item#10. 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. OWNERS/DEVELOPER: SI Construction LLC :T4 7By: � Ste,ril r f" Its: Af ( � CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 1-26-2021 Chris Johnson, City Clerk 1-26-2021 DEVELOPMENT AGREEMENT—GODDARD CREEK COMMUNITY(H-2020-0092) PAGE 7 OF 8 Page 207 Item#10. STATE OF IDAHO ) : ss: County of Ada ) On this I,)tk day of .j 6L n c,La-,-�-j ,2021,before me,the undersigned,allotary Public in and for said State,personally appeared known or identified tome to be the SI Construction LLC and the person who signed above and acknowledged tome 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. E: THERESA� A_ p_E RSE52695 N NOTARY PUBLIC Notary Public for � � STATE OF IDAHO Residing at: Ce-vvi Cr n7 -t My Commission Ex ires: '-7 /to - � STATE OF IDAHO ) ss County of Ada ) On this 26th day of January , 2021, 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. (SEAL) Notary Public for Idaho Residing at: Meridian, Idaho Commission expires: 3-28-2022 DEVELOPMENT AGREEMENT—GODDARD CREEK COMMUNITY(H-2020-0092) PAGE 8 OF 8 Page 208 Item#10. Exhibit A Rezone Legal Description and Exhibit Map RE-ZONE DESCRIPTION FOR R15 ZONE GODDARD CREEK TOWNHOUSE SUBDIVISION Lot 2, Block 1 of Goddard Creek Subdivision as filed in Book 114 of Plats at Pages 17060 through 17062 and a portion of the SE 114 of the SW 114 of Section 26, T.4N., RAW., B.M., Meridian,Ada County, Idaho more particularly described as follows BEGINNING at the NW corner of said Lot 2; thence along the along the North boundary line of said Lot 2 South 88°58'36" East,476.28 feet to the NE corner of said Lot 2; thence along the easterly boundary line of said Lot 2 the following 5 courses and distances: thence South 00°31'17"West, 107.36 feet; thence 7.85 feet along the arc of a non-tangent curve to the right, said curve having a radius of 30.00 feet, a central angle of 14°59'49"and a long chord which bears South 08°06'33"West,7,83 feet; thence South 15°36'33"West, 96.54 feet; thence 131.94 feet along the arc of a non-tangent curve to the left,said curve having a radius of 252 00 feet,a central angle of 29°59'51"and a long chord which bears South 00°36'25"West, 130.43 feet; thence South 14°23'27"East,58.02 feet; thence continuing along the easterly boundary line of said Lot 2 and the southerly extension thereof South 00°37'38"West,78.37 feet to a point on the South boundary line of said Section 26; thence along said South boundary line North 88°58'46"West,468.83 feet; thence leaving said South Boundary line and along the West boundary line of said Lot 2 and the southerly extension thereof North 01'01'14"East,473.31 feet to the POINT OF BEGINNING. Containing 5.03 acres, more or less. r a 7729 0- Xk �' 4 QF tOV �QRY G.CA Goddard Creek Community H-2020-0092 page 1 Page 209 Item#10. W. SELWAY RAPIDS iler _S88'58'36"E 476,28 REAL POINT I OF BEGINNING o 1 !r? r I O 0 C1 1 } M 3 r�1 O2 h rc' w � U BLOCK 1 n wl 5,03 ACRES ¢ TI I o O o U C� ZJ N Z { 1 I S14'23'27"E 58,02' I 1--SO'37'38"W __W_. McMILLAN RD. 78.37' —__- �r---- N88'58'4IN 468.83'�----- ---- iv CURVE TABLE CURVE RADIUS LENGTH CHORD DIST. CHORD BRG. DELTA C1 30.00 7.85 7.83 N8'06'33"E 14'59'49" �r C2 252.00 131.94 130.43 SO'36'25"W 29'59'51" � l P LA s O GAR` 25 100 300 a A 7 729 p 0 50 200 0 51101 ZO 9 P SCALE: 1° = 100' c ��4r Gx CPQ`�� JOB NO. me IDAHO EXHIBIT DRAWING FOR s os3 9955I W.EMSRALDST_ R15�-REZONE DESCRIPTION SHEET NO. SURVEY B0:9E Goal saDAHODAH08370d GODDARD CREEK TOWNHOUSE SUBDIVISION GROUP, LLC LOCATED IN THE SE 1/4 OF THE SW 1/4 OF SECTION 28.T.4N.,RAW.,B.N., DWG.DATE MERIDIAN,ADA COUNTY.IDAHO 5/13/2019 Page 2 Page 210 EXHIBIT B Item#10. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW � E AND DECISION DECISION & ORDER In the Matter of the Request for Modification to the recorded Development Agreement(Inst. #103012598)to allow the development of age-restricted,single family attached homes instead of offices; Rezone of 5.03 acres of land from the R-4 to the R-15 zoning district; and Preliminary Plat consisting of 34 residential building lots and 8 common lots on 4.62 in the proposed R-15 zone, by Conger Group. Case No(s). H-2020-0092 For the City Council Hearing Date of: December 15,2020(Findings on December 22,2020) A. Findings of Fact l. Hearing Facts(see attached Staff Report for the hearing date of December 15,2020,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of December 15,2020,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of December 15, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of December 15,20-0, 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 I975,"codified at Chapter 65,Title 67, Idaho Code(1.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 1 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 17,201.9, Resolution No. 19 2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 1 I-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(Goddard Creek Subdivision-FILE#H-2020-0092) - I - Page 211 Item#10. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 15,2020,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 Rezone,Development Agreement Modification,and Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of December 15,2020,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 l 1-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments,if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7H). 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Goddard Creek Subdivision—FILE#H-2020-0092) -2- Page 212 Item#10. use not to exceed one(1)two(2)year period. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651IA. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved,said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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 December 15,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Goddard Creek Subdivision—FILE#H-2020-0092) -3- Page 213 Item#7. By action of the City Council at its regular meeting held on the 22nd day of December 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: 12-22-2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Goddard Creek Subdivision—FILE#H-2020-0092) -4- Page 116 Item#10. Exhibit A STAFF REPORT E IDIAN:--- COMMUNITY DEVELOPMENT DEPARTMENT HEARING December 15,2020 Legend _ DATE: 01!Project Location }{ TO: Mayor&City Council - _FROM: Joseph Dodson,Current Associate Planner .. k'.'.' F. e... . . SUBJECT: H-2020-0092 �T Goddard Creek Community 1 C LOCATION: Northwest corner of W.McMillan Rd. and N. Goddard Creek Way. - r i. I. PROJECT DESCRIPTION • Modification to the recorded Development Agreement(Inst. #103012598)to allow the development of age-restricted, single family attached homes instead of offices; • Rezone of 5.03 acres of land from the R-4 to the R-15 zoning district; • Preliminary Plat consisting of 34 residential building lots and 8 common lots on 4.62 in the proposed R-15 zone; • Private Streets to provide access to the development; and, ■ Alternative Compliance to allow common driveways off of a private street. Pagel Page 215 Item#10. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 4.62 Future Land Use Designation MU-C Existing Land Use vacant Proposed Land Use(s) Single-family residential,duplex Current Zoning R4 Proposed Zoning R-15 Lots(#and type;bldglcommon) 34 SFR building/$common Number of Residential Units(type 34(SF attached units) of units) Density(gross&net) 7.36 units/acre(gross);9.09(net) Open Space(acres,total [%]1 0.56 acres, 12.12%(according to the submitted Open Space buffer 1 qualified) Exhibit). Amenities One(1)qualified amenity-Covered picnic shelter Physical Features(waterways, None hazards, flood plain,hillside) Neighborhood meeting date:#of July 30,2020', 8 attendees attendees: History(previous approvals) This property was granted annexation,preliminary plat,and a conditional use permit as part of the Lochsa Falls Subdivision in 2002(AZ-02-010,PP-02-009.CUP 02-012)and has a development agreement(Instrument 9103012598).These approvals granted officc uses in the R-4 district. In 2017,the property received CPAM approval from Office and High Density Residential to Mixed-use Community. A PP and FP were also approved.A concurrent RZ,CUP and MDA was proposed to develop the property with 76 multi-family units however,that request was withdrawn. A PP and FP were also approved(H-2017-0007 and H-2018-0014)to develop the self-storage portion of the development. In 2019 an application for 44 attached townhome style single-family units was denied by City Council(H-2019-0068).This application differs from the previous development in that it has 14 fewer units and proposes all age-restricted attached units(duplexes). Written Testimony B. Community Metrics Description Details Page Ada County Highway District • Staff report N'es (yeslno) ■ Requires ACHD No Commission Action(yes,/no) West Ada School No Comments were submitted by West Ada School District-this is District likely due to project being proposed as an age-restricted development. - Page 2 Page 216 Item#10. Wastewater Distance to Sewer Services NIA Sewer Shed White Drain Trunkshed Estimated Project Sewer ERU's See application WRRF Declining Balance 13.97 Project Consistent with W W Yes Master Plan/Facility Plan Additional Comments •Flow is committed •See"WW comments"pelf markup for items that need to be addressed, Water Distance to Water Services Q' Pressure Zone 2 Estimated Project Water ERU's See application Water Quality Concerns None Project Consistent with Water Yes Master Plan Impacts/Concerns •See the attached Water Main Markup for details. •No water main in the shared driveway at the southeast, water services only • Instead of connecting the water main to the southern stub, extend the water main south directly to McMillan to eliminate unnecessary parallel water main.The existing stub will either need to be abandoned or end in a hydrant. • Loop the two deadend water mains near the north boundary line and connect to existing water main in Selway Rapids Ln to create a secondary connection and climiate two deadend mains. An easement will need to be obtained from Selway Apartments in order to connect of 10 the water main in Selway Rapids Id C. Project Area Maps Future Land.Use Map Aerial Map Legend �--47 [� Legend 721'Projeci Location it r Project Location Medis;m Density Residential ] LLIU -- High Density Residential Commercial F Low Density l Residential _ Page 3 Page 217 Item#10. zon][1119 map Planned Development Legend {] Legend hProject Location ! „y�, IProject Location - ■,•. C G i City Limits i.. R-8 R 8 — Planned Parcels L-0 _� R-a C-G L-O C-C L-O C-G, , RUT—_ ,, e i •I •,aC C-N R-$ i _- R.g L-OZe L-O RUT R-4 -.. R-2 R A - 1 I. ;I L-O RUT L-O - 14 R�� t i .� T Ti III. APPLICANT INFORMATION A. Owner: Steve Schmidt— 1016 W. Sanetta Street,Nampa, ID 83651 B. Applicant Representative: Sophia Durham, Conger Group—4824 W.Fairview Avenue,Boise,ID 83706 IV. NOTICING Planning&Zoning City Council Pos Date Posting Date Newspaper Notification 10/16/2020 11/27/2020 Radius notification mailed to properties within 300 feet 10/13/2020 11/23/2020 Public hearing notice sign posted 1 Q1251242Q 1 21412 0 2 0 on site Nextdoor posting 10/13/2020 11/23/2020 V. STAFF ANALYSIS Comprehensive Plan: The subject property is designated MU-C on the future land use map. The purpose of this designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Non-residential buildings in these areas have a tendency to be larger than in Mixed Use-Neighborhood areas,but not as large as in Mixed Use— Regional areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to,but also walk or bike to(up to three or four miles).Employment opportunities for those Iiving in and around the neighborhood are encouraged. Page 4 — Page 218 Item#10. When the FLUM was changed in 20I 7, staff had analyzed the viability of three different land uses on the subject property. At the time of the FLUM change,the plan consisted of multi-family and a self- service storage facility. In determining the appropriateness of the land use change staff determined that other commercial and office uses approved next to the storage and multi-family development would serve as the third land use type to support the requested FLUM change. Prior to City CounciI's action on the previous development,the applicant of the multi-family project withdrew their CUP application.Therefore,the subject 4.62 acre parcel is still governed by the original development agreement which allows office to develop on the property. The applicant now desires to develop the site with 34 age-restricted(55 years of age and older) single-family attached and units in the form of duplexes. Staff has evaluated the existing land uses and zoning in the area to determine if this stand-alone residential project is attainable.This area is primarily developed with single-family homes with the exception of the apartment complex to the north. To the west of the adjacent storage facility and at the nearby intersection of Ten Mile and McMillan,more commercial uses are currently being built including restaurants and a gas station. In addition this age-restricted product would be an additional option for this demographic as the large commercial parcel to the west is entitled for an age-restricted multi-family development(they have applied for building pen-nits at the time of writing). Because the applicant is proposing to provide housing diversity in the area and other land uses are nearby the development, staff believes the plan is consistent with the MU-C designation. The project also falls within the target density of 6 to 15 dwelling touts per acre as the proposed gross density is 7.36 dwelling units to the acre. COMPREHENSWE PLAN POLICIES.- Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property{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."(2.0.1.01 G) The proposed development will contrihute to the variety of residential categories that currently exist in this area (i.e. duplexes). Staff is unaware i?f hoK, "affordable"the units itill be. • "Encourage development of universally accessible home designs within new developments and home retrofits,allowing residents to age in place and creating full accessibility for all residents of varying levels of physical ability."(2.01,01 E) The subject development is proposed as an age-restricted corrrrrntnity and part of that.should be the ability for residents to age in place. Staff is unaware of the accessibility of these homes for residents with barriers to phvsically access these units. Staff therefore recommends that the Applicant clarify this for Staff and if no omits are ADA accessible, Staffrecomniends that a certain number oJ'the units should be constructed as such. ■ "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 quality amenities." (2.02.01A) 77re subject proper7y is under 5 acres in size and the UDC does not require that the applicant provide common open space. To ensure the project ofj rs some open spacefor its intended residents, the applicant is proposing to provide approximately 12 percent common open space far the development and include a covered picnic area as the amenim Staf f:firtcls that the open space and amenity leaves something to be desired and is not particularly exciting but with the intended demographic,far the development, large.swaths of open space is not needed. The residents would have ample access to sidewalks should they desire to go for --- Page 5 Page 219 Item#10. longer walks through the proposed common lots. Staff finds that the proposed open space and amenity)can provide adequate area,for the target demographic. • "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) Development exists adjacent to the subject site in all directions with Chy services readily available in McMillan Road..Public Works has commitledflow to the property!and all levels of set-vice are available and adequate to serve the site(i.e. Fire and Police). • "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) The UDC(I1-3A-3) restricts access to arterial streets when access is availahlefrolrn a local street. Access to and from the development is provided along the north houndary vier a private street(W.Apgar Creek Lane). Access is not proposed to McMillan Road. REZONE The applicant requests to rezone 5.03 acres of land from the R-4 zone to the R-15 zone consistent with the M U-C FLUM designation. DEVELOPMENT AGREEMENT MODIFICATION The applicant is requesting to modify the recorded Development Agreement(Iust.#103012598) to development the site with 34 single-family attached homes (duplexes)instead of offices.The applicant is requesting to exclude the subject property from the boundary recorded DA and enter into a new one that governs this site specifically. Staffs recommended DA provisions are included.in Exhibit VII1 below. PRELUM NARY PLAT The proposed preliminary plat consists of 34 building lots and 8.common lots on 4.62 acres in the proposed.R-15 zone. Dimensional Standards (UDC LLg: The proposed plat and subsequent development is required to comply with the minimum dimensional standards listed in UDC Tables 11-2A-7 for the R-15 zoning district. The proposed plat complies with these standards. Access(UDC I1-3A-3): Access is proposed via an existing private street, W, Apgar Creek Lane and access via McMillan Road is prohibited. The Applicant is also proposing an emergency-only access to McMillan Road to be limited by bollards as approved by the Fire Department. Private streets are not typically intended for single-family developments unless designed with a mew or gated community. However,to avoid having a public road off of a private street(Apgar Creek Lane)that connects to another public street(Goddard Creek Way). and with access to McMillan Road prohibited,staff is of the opinion the internal private street is appropriate. In addition,the private street standards require that they connect to a local or collector street which this property does not have access to due to McMillan being an arterial and any access to Goddard Creek Way would not meet ACHD separation requirements for access.Therefore,the Applicant is applying for alternative compliance in Page 6 Page 220 Item#10. order to provide internal private streets on Lot 42, Block 1 for internal access within the development. Private streets are required to comply with the design and construction standards fisted in UDC 11-3F-4.The proposed private street is 24 feet wide with 5-font sidewalk on the internal side of the street. To ensure adequate guest parking is provided,the applicant is proposing a guest parking area along the north side of the private street across from lots 14- 18, Block 1, lots that abut McMillan Road. Additionally,the private Street standards prohibit common driveways from taking access from private streets, unless approved by the director with an alternative compliance application.Alternative compliance has been requested in accord with 11-3F4A.6,to allow the two(2)common driveways to be accessed off the private street. Because of the access constraints and the fact that it is a small compact,infill development,the Director approves the request for alternative compliance. Note: One of the perpectual issues within the area surrounding the subject site is inadequate parking and to help address this issue the Applicant has proposed to widen the existing private street,Apgar Creek Lane,to 32 feet wide to allow on-street parallel parking on its southern edge.This widening should allow approximately 8 additional parking spaces along this private street. The Private Street standards are intended for developments that provide a mew (shared vista)or are a gated community.The Applicant is not proposing either of these because of the site constraints discussed above. However,Staff cannot ignore these standards and therefore the Applicant should attempt to meet these requirements. Staff recommends that the Applicant construct faux gates at both entrances to help it appear to be a private development which would also add a nice entry feature.With the final plat submittal,the Applicant will be required to apply for Alternative Compliance to propose an adequate alternative to these standards. Common Driveways (UDC 11-6C-31 All common driveways are required to comply with the standards listed in UDC 11-5C-3D. Two (2) common driveways are proposed that comply with UDC standards. Common driveways should be a maximum of 150' in length or less, unless otherwise approved by the Fire Dept. 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. Driveways for abutting properties that are not taking access from the common driveway(s) should 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. A perpetual ingress/egress easement for the common driveway(s) is required to 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.A copy of the easement should be submitted to the Planning Division prior to signature on the final plat. Signage should be provided at the ends of the common driveways for emergency wayfinding purposes as requested by the Fire Department. Sidewalks (UDC 1I1 Private Streets do not require sidewalks within a residential development per the private street standards. There is existing sidewalk along bath McMillan Road and Goddard Creek Way Page 7 Page 221 Item#10. adjacent to the subdivisions there is no existing sidewalk along W. Apgar Creek Lane, the private street abutting the subject site to the north.With the proposed expansion of Apgar Creek Lane by the Applicant, 5-foot detached sidewalk is also being proposed that would connect this subdivision to Goddard Creek Way along the northern boundary. However,there is also existing sidewalk along the western side of the existing Apgar Creek Lane where it turns into N. Selway Falls Lane(the enterance into the Selway Apartments)that the Applicant is not showing a clear sidewalk connection to. The Applicant should continue the existing sidewalk from Selway Apartments into this site and provide a clear crossing from that side of the street to the proposed 5-foot attached sidewalk along the interior of the proposed private street that loops through the development.It is unclear on the submitted plans if the Applicant is also proposing to use the common driveway/emergency access as an added pedestrian connection to McMillan Road but the Applicant has stated to Staff this is the intent.The Applicant should revise the plans to clarify this prior to the City Council hearing.The submitted plat shows the common driveway as 20 feet wide with 5 feet of landscaping on each side which exceeds code requirements.The most eastern area of landscaping should remain and the other 5 feet of area should be used as the pedestrian connection and should be clearly defined with pavers,stamped concrete,or similar to clearly delineate the driving surface and the pedestrian path to McMillan. In addition,any area where pedestrians will need to cross the street from the interior sidewalk loop to areas on the perimeter(i.e. to and from Selway Apartments,the open space area and the common driveway) should be clearly deliniated from the driving surface with pavers,stamped concrete,or similar for added pedestrian safety and clarity.Staff has included DA provisions in line with these recommendations. Landscaping(UDC 11-3E): Landscaping is required within street buffers [11-38-7C�, and within common open space areas (11-3G-3E] in accord with UDC standards. dote: The street buffer landscaping to McMillan Road and Goddard Creek Way is existing and the Applicant is not required to provide more landscaping—the Applicant is not proposing any more landscaping in these areas. The Applicant has proposed a larger common open space lot shown to include five(5)Class 11 trees which exceeds the requirement of one (1)tree per 8,044 square feet of open space. All other landscape areas appear to be landscaped per city code requirements including those areas with proposed seepage beds. Qualified Open Space(UDC 11-3G-3}: The UDC does not require the applicant to provide any qualifying open space because the project is less than 5 acres. However, the applicant recognizes that this is an infill development and the surrounding residential developments have ample open space. In order to complement the surrounding developments,the applicant is proposing 24,415 square feet of open space (1112%),of which 13,367 square feet would qualify under UDC I 1-3G-3 standards.This amounts to approximately 5.49%of qualified open space.The large open space lot within the development also includes the proposed amenity, a covered picnic shelter. Some of the area shown as qualifying on the submitted open space exhibit does not qualify under the UDC standards because it is not wide enough; those landscaped areas adjacent to W. Apgar Creek Lane need to be at least 20 feet wide in order to count as linear open space. The removal of this area and taking half of the arterial buffer area is how Staff came to the reduced number of qualifying open space when compared to the data shown on the open space exhibit(Exhibit VII.D). Page 8 Page 222 Item#10. The existing utilities to serve this development are stubbed in from McMillan Road and require an easement by Public Works.The Applicant is utilizing this requirement to incoroporate one of their common driveways for this area in the southwest corner of the site. Further,this common driveway is also being utilized as the secondary emergency access. Staff is supportive of the amenity package and qualified open space for this development due to the resident demographic,its relatively small size,and the proximity of Heroes Park that has easy pedestrian access from this development via sidewalks. Parking(ITDC 11-3C"]: Parking for single-family dwellings is required based on the number of bedrooms per unit. For 1- 2 bedroom units,a minimum of 2 spaces per unit are required with at least one of those spaces in an enclosed garage, other space may be enclosed or a minimum 10' x 20' parking pad. For 3-4 bedroom units, a minimum of 4 spaces per unit are required with at least 2 of those spaces in an enclosed garage, other spaces may be enclosed or a minimum 10' x 20' parking pacts. Each of the units are required to comply with the parking standards set forth in UDC 1 i-3C-6. Because of the proposed 24-foot wide street section, on street parking is prohibited. As mentioned above,the applicant is providing 16 guest parking stalls within the project and is widening the existing private lane abutting the site to the north to provide additional parking for the development. Parking stalls are required to measure 9' x 19' in accord with UDC Table 1 1-3C-5. NOTE: Parking is a concern in the area. The City has received multiple complaints from residents in the area because the existing apartment complex does not have adequate parking.To address this concern,the Applicant has proposed the above additional parking spaces and proposed this project as an age-restricted development which tends to be over parked and create less traffic than traditional subdivisions or commercial development. Fencing(UDC 11-3A-T): All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A- 7. Utilities(UDC 11-3A-21): Connection to City water and sewer services is proposed. Street lighting is required to be installed in accord with the City's adopted standards,specifications and ordinances. One issue presented by Public Works is regarding the proposed sewer and water mains shown in the common drive in the southeast corner; Public works requires that if the common drive serves three(3)or less properties that only service lines should be constructed and not mains. The main issue is regarding the water line layout and a requirement to connect to the existing main within W.Apgar Creek Lane from both of the proposed stubs off of this road to create a looped system. The Applicant would need to obtain an easement from Selway Apartments to connect their existing main. In addition,Public Works is requesting that the Applicant change the connection point to the water main within McMillan Road to connect directly south of the emergency access instead of heading east within the landscape buffer. See Section VI1I.B below for specific Public Works comments/conditions regarding the requested changes to the utilty layout. Page 9 Page 223 Item#10. Pressurized Irrigation System [UDC 11-3A-1S1: An underground pressurized irrigation system is required to be provided for each lot within the development. Storm Drainage(UDC 11-3A-IS An adequate storm drainage system is required in al] developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow hest management practice as adopted by the City as set forth in UDC 11-3A-1 S. Building Elevations (UDC 11-3A-19{Architectural Standards Manual): The design of structures on this site is required to comply with the design standards listed in UDC 1 I-3A-19 and the City of Meridian Architectural Standards Manual because they are an attached product with two or more dwelling units. The development should incorporate high quality architectural design and materials that is also consistent with the MU-C designation. Conceptual building elevations are proposed as shown fur the single-family attached units. All structures within the development are required to comply with the residential design standards listed in the Architectural Standards Manual.An administrative design review application must be submitted to the Planning Division and approved prior to submittal of building permit applications; one design review application may be submitted for the overall development. Page 10 Page 224 Item#10. Vl. DECISION A. Staff: Staff recommends approval of the proposed rezone, development agreement modification and preliminary plat and the Director approved the private street and alternative compliance applications per the conditions included in Section VII1. in accord with the Findings in Section A. B. The Meridian Planning S Zoning Commission heard these items on November 5,2020. At the Public hearing,the Commission moved to recommend approval of the subject Rezone, Preliminary Plat,and Development Agreement Modification requests. l. Summary of Commission public hearin : T a. In favor: Hethe Clark,Applicant Legal Representative b. In opposition: None C. Commenting: Hethe Clark; Dan Fisher, neighbor; Penny Fisher,neighbor. d. Written testirrtnny:_One=dr._Laurie Bower e. Staff presenting application: Bill Parsons, Planning Supervisor. f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. Parking issues that persist within adjacent apartment complex-, b. Concern over the proposed elevations that face towards the public right-of-way. 3. Key issue(s)of discussion by Commission. a. Who and how are the proposed Private Streets to be maintained, b. The number of units taking access from the two corrunon drives; L. The applicability of a centralized trash receptacle location for those Domes on the common drives; - - - - -- - - d. What is the detail and quality of the proposed amenities and open space. 4. Commission change(s)to Staff recommendation: a. Limit the number of units off of the proposed common drives to no more than 3 units each; 5. Outstanding isstte(s) for City Council: a_ None C. The Meridian City Council heard theseitems on-Decernbcr-15,.2424. At the-public-hearing, Ifae Council move into atiflrQve�s_tib ect Rez ne..Preliminary Plat..an I Devel�mo A reeemnt lv��if_i�a�Qn-reauest�. - L Snuna_Qfthe Oily Gouncil pubUc hearing; a In favor: Hethe Clark_,Applicant Representative b, In-onnas. . aLNQne Cmi mmtin&Hae C1ark4Permy F Sher,neiglabm dL Written ttetimonvTNone e. Staff presenting applicationjoseph.I3QdsQn Ctzrre�t �ss�ci�$�Fianner f_ Other Staff cmmo sting�n mlicatiort: Bill Nary i y�orne J nw Deputy Fire Marssha l I_ -- 2'. KU is we($j 4f stubi is wti gnyn as Probability of the proposed on-street parking along AAp r Creek Lane being labeledas parking for this development—Applicant does not control Apgar Creek Lane and would h.alye to obtain approval frQm Selwaly-Apartments. 3-. Key isue{��of discussion b -Cit�QuneyI Page I l - Page 225 Item#10. Haw did the Applicant come t�lhe con�lusicin that of ice uses are not nec� ry an[his parcel: >, P_Qient a]4f,a sign l>zein,��e at the inter_sexti__on_of G4dcLard Gxggk mend McMillan Road 4. Qy Council changes)to Commission rec-ommendation -- a. bone Page 1 Page 226 Item#10. VII. EXHIBITS A. Rezone Legal Description and Exhibit Map RE-ZONE DESCRIPTION FOR Ri5 ZONE GODDARD CREEK TOWNHOUSE SUBDIVISION Lot 2,Block 1 of Goddard Creek Subdivision as filed in Book 114 of Plats at Pages 17060 through 17062 and at portion of the Sr. 114 of the SW 114 of Section 26. TAN.,R.1W.,B.M., Meridian,Ada County, Idaho more particularly described as follows: BEGINNING at the NW comer of said Lot 2, thence along the along the North Boundary line of said Lot 2 South 88"58'36" East,476,28 feet to the NE corner of said Lot 2; thence along the easterly boundary line of said Lot 2 the following 5 courses and distances: thence South 00'31'17"West, 107.36 feet, thence 7.85 feet along the arc of a non-tangent curve to the right,said curve having a radius of 30.00 feet,a central angle of 14°59'49"and a long chord which bears South 08"06'33"West,7.83 feet; thence South 15°36'33"West,96.54 feat. thence 131.94 feet along the arc of a non-tangent curve to the left,said curve having a radius of 252.00 feet,a central angle of 29`59'51"and a long chord which bears South 00°36'25"West, 130.43 feet, thence South 14°23'27"East.58.02 feet; thence continuing along the easterly boundary line of said Lot 2 and the southerly extension thereof South 00"37'38"West,78 37 feet to a point on the South boundary line of said Section 26; thence along said South boundary line North 88°58'46"West,468.83 feet; thence leaving said South Boundary line and along the West boundary line of said tot 2 and the southerly extension thereof North 01'01'14"East,473.31 feet to the POINT OF BEGINNING. Containing 5.03 acres,more or less. S�� GAG f n 772 dT ��IS1f�a q OF tD� SCR}'G,GP Page 13 Page 227 Item#10. W. SELWAY RAPIDS LN. __ __^_588'58'36"E 476.28'_-----` REAL POINT g I OF BEGINNING FIQ 0 I G1 I a IZ j Y I �I �rn rr7 C 1 PeiI eLocx 1 d y 5.03 ACRES + I 1 5 S14'23'27"E 58.02' I IrSO'37'38"W _W. MCMILLAN R6._ dr H88'58'4fi"W 4fi8.83' �p CURVE TABLE CURVE PRA,,DIUS LENGTH OHORD DIST. CHOR❑ MG. DELTA C1 00 7.85 7.83 H8'06'33"E 14'59'49" �r C2 252.00 131.94 150.43 SO'36'25"W 29'59'51" �l LA v zs inn aoa IL 7729 � (p 7jI3)11 0 9rF of P SCALE: 1" = 140' oGerG.c��`� EXHIBIT DRAWING FOR �oaHo SURVEY W55W.EWEMLDST R15—REZONE DESCRIPTION sr�er r+a. `m5 EM-0H05"°` GODDARD CREEK TOWNHOUSE SUBDIVISION GROUP, LLC LDCATM m THE SE t/f of 7}iE SW 1/4! s O"25.TAN..ROW.B.u., (1Y6 DALE 4ERDM ADA CDVN>Y IorFID 5/13/20io Page 14 Page 228 Item#10. B. Preliminary Plat (date: 912/2020) GODDARD CREEK SUBDIVISION ��. PRELIMINARY PLAT RE.SL•ADIiEWN OF LnT E BLOCK%CO➢➢ARD P�.S CREEUEDMSFOH, '�ti TAN RJR,SEC-2k ADA COWN,MMD EMI,f6AI�O kM:y� ® •n - -•-- �� g lap I `r h ri: - 1 r fill ;may„ re Page 15 Page 229 Item#10. C. Landscape Plan(date: 91212020) --•,.r a �, F fC r 1 ..tea' _ LRNF&WEDUtE m-ram =R N9 x2m CITY REOL:IRF►1ENTS PRF.Pi AT ti - --a . --µ. SITE DEVELOPMENT FEA7URE.9Ir µ R r, o LEGE1I WAWA ILOAN RD. g l kNDSWr= PLAN NCLNIMAP L1.0 Page 16 Page 230 Item#10. �i.-- � «r raa w.r..rc i -..:....wa�r. wn �-�+�ti`' 'r-L/�•�`•a'^w•.�i�w`''.n-•�� Mp ..n-.v.a.,r,�w.vsuw.e. _ _ � e«.r•yr _ ._ ]ity)} W YIFAN KAYMKS CEiFLry ... 4^' ' i �_.�e1"..IVYa..s nwiw�. _ u 1 sL yqr :i17 W II�FI*�£rCFFE HQT�S M�..''�..��=7e�_`. f�.�,�"' 1 �.... r' �S x.•.,. � Rai a ..Y.��`'^•"»..""..� � �°'� �y�.�µwe �b � 6,.L.YMY1�2 .'rr- r Wti • I Y i.•sx LJ��' '—' =ems "��•NJ e'Yf�i��rri�wr e.wa.M 2.0 Page 17 Page 231 Item#10. D. Open Space Exhibit GODDARD CREEK SUBDIVISION OPEN SPACE EXHIBIT RF-SiIB rfMN OFIOTI MOM I,GOGIMRB C�EO<5[IB➢IL75[6N, wy�j # TAN,R.l$,MC.AAM COUNTY,MERI WIZ.IDAHO �w �1 TV 17 7. A �niwr rnw�e.s - mKo.ram xwnr�..xonr� ism a� 0 w = � l •§ 935 IV4 c - - •• -. _.— . '..s arm—. .- -. :. . -- x a Page 18 Page 232 Item#10. E. Conceptual Elevations GEHERALNOTES •.!)SHEETKEI'MOTES Wpm LLI _f - J- Zx Frisn I.Es_�r� �w J 310E ELEVATION iYr'-HIP ROOF Of'[ION SIDE EIEVATIONTYP.-CJ1&.E ROOF OPTION41 LU N:,_..-...-.,._ Ir C)37z 113 ❑ LD i r'PATH WAR)ELEVATION-11tP ROOF OPTION fir,--TIQ(REAR)ELEVATION-GABLE ROOF OPTION - COLOR FALETTES a ---zi IJI IL I B Y(FRONT)E"A nOR-HIP ROOF OFTIOM :�A�14TTRRY(FROMT)FLEVATION-(RAB E ROOF OPTION •- w ^AU Page 19 Page 233 Item#10. GENERM1LNOTES .-.........,.r .,..,Pt „f sR�oms W FINIS71 LEGEND d "'SIDE ELEVAT10N TYP,•HIP ROOF GFMON - al[HO ELEVATION TYP.-GABLE ROOF OPTION uj fl 126 PATi0(REAR)ELEVATION-NIP ROOF OPTION tAlIR{REAR]i LEVATI ON-GABLE ROOF OPTION COLOR PALETTES N7RY[FRONT)ELEVAIION-HIP ROOF❑F110Y .IA LINIRY;FROW)ELEVAI ION-GABLE ROOF OPTION ,,,,,,,„ •�• A4.0 Page 20 Page 234 Item#10. F. Public Works—Water Markup GODDARD CREEK SUBDIVISION PRELIMINARY PLAT `R� F Jt&SU11113VIMON UP Un-2 KUCK I,6UUAUM CREU SUB0IVI41pN, V% T-lni,RJE,S8C26.,1DAf0tTIM.1$IIII]XN.nUH0 ax ask�. f}��, •'�.:,,.y�`•..°_— a� �'" fq Till Pm Jll R 4U rof 3 7� :i �v G3`it d1_ nor sm� roc w_wr r: a-xa AK e 03 e } - - _- �lEY4�F- °E ,•ter i Page 21 Page 235 Item#10. Vill. CITY/AGENCY COMMENTS&CONDITIONS A. PLANNING DIVISION 1. Within six(6)months of Council's approval of the findings for the rezone and prior to submittal of a final plat application, the developer shall sign and obtain Council approval of the development agreement with the following provisions: a. Future development of this site shall comply with the preliminary plat, landscape plan, and conceptual building elevations(single-story)included in Section Vll and the provisions contained herein. b. The Applicant shall widen W. Apgar Creek Lane (the existing private street abutting the subject site)by eight(8) feet in order to accommodate on-street parking along the southern side of the street as shown in the proposed preliminary plat (Exhibit VILB). c. Any area of the plat where pedestrians need to cross the private street for added pedestrian connectivity shall be constructed with pavers, stamped concrete, or similar in order to clearly delineate the pedestrian pathways from the driving lane; this includes the proposed pedestrian connection that runs next to the southwest common drive(Lot t2) that connects to W. McMillan road. d. The proposed development shall be an age-restricted(55 years of age and older) development as proposed by the Applicant. e. Each common drive shall be limited to providing access to no more than three(3) dwelling units. 2_ The preliminary plat included!.in Section VILB, dated 9/2/2020 shall be revised as follows at least ten(10)days prior to the City CounciI hearing: a. Depict zero lot lines on those lots that have shared walls. b. Clearly depict all pedestrian connections within the development on the plat,specifically the pedestrian connection adjacent to the common drive/emergency access(Lot 12}. c. Add a sidewalk connection within Lot 1 that continues the sidewalk on the west side of N. Selway Falls Lane. d. Show all pedestrian crossings as pavers,stamped concrete,or similar to clearly delineate pedestrian connections and provide Staff a pedestrian exhibit that shows this and shows a cross-section of the crosswalks. 2. The landscape plan included in Section VII.C, dated 10/18/19 shall be revised as follows: a. Provide the details of the site amenities with the submittal of the final plat application, 3. Private streets within the development are required to comply with the design and construction standards listed in UDC 1]-3F4. Exception:Alternative Compliance was approved to UDC 11-3F-44.6 to allow the common driveways off of the private street and to allow private streets offof an e_isting private street instead of a local or collector street. 4. Applicant shall provide the common open space and amenities as proposed on the landscape plan(Exhibit VII.Q. 5. The Applicant shall construct all fencing as shown on the submitted Iandscape plan and in accord with UDC 11-3A-7. Rage 22 Page 236 Item#10. 6.. On-street parking is only allowed in the designated guest parking area as shown on the attached plans.The private streets shall be posted with"no parking"signs. 7. Off-street parking shall be provided for this site as set forth in UDC Table 11-3C-5 and 1 I- 3 C-6. 8 An exhibit shall be submitted with the final plat application for the lots accessed by the common driveway that depicts the setbacks, fencing,building envelope and orientation of the lots and structures in accord with UDC I 1-bC-3D. Driveways for abutting properties that are not 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. 9, Provide address signage at the street for homes on Lots 8-11 and 18-21,Block 1 accessed by the common driveway for emergency wayfinding purposes. 10, A perpetual ingress/egress easement shall 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 copy of the recorded easement shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 11, All structures within the development are required to comply with the residential design standards listed in the Architectural Standards Manual. An administrative design review application shall be submitted to the Planning Division and approved prior to submittal of building permit applications; one design review application may be submitted for the overall development. 12. With the final plat application submittal,the Applicant shall submit an Alternative Compliance application to provide an adequate alternative to gates, as required by the private street standards in WC 1 f-3F4, B. PUBLIC WORKS Site Specific Conditions of Approval I. Remove the water mainline from the shared driveway at the southeast, water services will need to be extended from the mainline. ?. Instead of connecting the water main to the southern stub, extend the water main south directly to McMillan to eliminate unnecessary parallel water main. The existing stub will either need to be abandoned or end in a hydrant. 3 Loop the two deadend water mains near the north boundary line and connect to existing water main in Selway Rapids Ln to create a secondary connection and elimiate two deadend mains. An easement will need to be obtained from Selway Apartments in order to connect of the water main in Selway Rapids 4_ Intermediate manhole located at the intersection of W. Apgar Creek Loop and the western shared driveway needs to be relocated further into the travel way to avoid conflict with the curb and gutter. 5. Remove the sewer mainline from the eastern Shared driveway,and instead lain individual services to serve the lots. Manholes are required at all mainline angle changes. General Conditions of Approval 3. 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 Page 23 Page 237 Item#10. 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. 4. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water stains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 5. 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 farm 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 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. 6. 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. 7. 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. 8.. 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-G. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 9. 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. 106 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. 11. 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. 12. 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 24 Page 238 Item#10. 13. 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 I 1-5C-3B. 14. 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. 15. 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. 16. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Anny Corps of Engineers. 17. Developer shall coordinate mailbox locations with the Meridian Post Office. 18. All grading of the site shall be performed in conformance with MCC 11-12-3H. 19. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backf ill,where footing would sit atop fill material. 20. 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 1=foot above. 216 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. 22. 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 strictures within the project. 23. 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.rneridiancity.org/public works.as px?i d=2 72. 24. 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. 25. 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 lint: 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 887-221 1. Page 25 Page 239 Item#10. b. MERIDIAN FIRE DEPARTMENT(MFD) https:llweblink.meridiancity.orglWebLinklDocYiew.aspx?id=213839&dbid=O&repo=Meridian C itt, 7. SETTLER'S IRRIGATION DISTRICT https:llweblink meridianca.orglWebLinklDoc View.aspx?id=213917c&dbid=O&repo=Meridian C itt? 8. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) htWs:llwebliiik.ineridiancih,.orglWebLinklDoeVicit,.aspx?irk 214296c&dbid=Oc&repo=Meridian C ill, 9. MERIDIAN POLICE DEPARTMENT(MPD) httpe:llii,ebl ijzk,meridiancity.orglWebLinklDocYiew.aspx?id--214306&dbid=O&a4po=Meridian in, 10. CENTRAL DISTRICT HEALTH(CDH) https:ll,A,eblink.)neridiai?eity.of glWebLifaklDoc•t,'ieit,.aspx?id=214496&dl?id=Oc&repo=MeridianC iti 11. ADA COUNTY HIGHWAY DISTRICT(ACHD) hops:11weblink.meridiancity.orglWebLinklDocYiew.asp_r?id=2152 21&dbid=O&repo=Meridian itv 12. COMMUNITY DEVELOPMENT—SCHOOL TABLE. https:1/weblink.meridiancih,.org1WebLink/DocView.aspx?id=214999&dbid=O&repo=Meridian C ity IX. FINDINGS A. REZONE(UDC 11-511-3E) 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 density and associated R-15 zoning designation is consistent with the applicable provisions of the Comprehensive Plan in regard to the MU-Cfuture land use map designation for this site. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that the proposed map amendment and subsequent development will contribute to the range of housing opportunities available in the northern portion or the Cit}'. Page 26 - Page 240 Item#10. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Council_finds that the proposed zoning ainendnient will not be materially detrinrental to the public health, safety, or vvelfare. 4. The map amendment shall not result in are 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_finds that the proposed zoning amendment will not result in anv adverse iinpact upon the delivery of services by anl,political subdivision providing services to this site. 5. The annexation(as applicable) is in the best interest of city. Because this application is for-a rezone, thi.s_finding is not applicable. B. PRELIMINARY PLAT(UDC 11-6B-6) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; Council,finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section 1,71, of the Stafj'Repov1 far rarore ir7 forination. Z. Public services are available or can be made available ad are adequate to accommodate the proposed development; Council finds that public services will be provided to the subject property rcpon development, (See Exhibit 8 of the Stt f'Reportfor•rarore details from public set-vice providers.) 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Because City water and serer anti art,other utilities will be provided by the developer at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement.funds. 4. There is public financial capabilih- of supporting services for the proposed development; Council recorntnends the Conunission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.)to determine this finding. (See Exhibit 8 br more detail.) 5_ The development will not be detrimental to the public health,safety or general welfare; and Council is not aware oj'ani,health, safer},, or envirownenral problems associated with the platting of'this property that should be brought to the Commission or Council's attention. ACHD considers road safety issues in their analvsis. Staf f'recornaiends that the Cornrnission and Council consider any public testinzonv that nrav be presented when determining whether or not the proposed subdivision nrav cause health, .safety or environmental problems of which Staffis unaware. - Page 27 - Page 241 Item#10. G_ The development preserves significant natural, scenic or historic features. Council is unaware of a►ry significant natural, scenic or historic,features that need to he preserved with this development. C. PRIVATE STREET(UDC 11-317-4} In order to approve the application, the Director shall find the following: 1. The design of the private street meets the requirements of this Article; The design of the proposed private streets complies with the standards listed in UDC I1-3F- 4. See analysis in Section 1'for rrrore itr/orrrration. 2. Granting approval of the private street would not cause damage hazard,or nuisance,or other detriment to persons,property,or uses in the vicinity; and The Director does not anticipate the proposed private streets would cause anv hazard, nuisance or other detriment to persons,property or uses in the vicinity if they are designed as proposed and constructed in accord with the standards listed in UDC 11-3F-4B, 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The location of the private streets does not conflict with the Comprehensive Plan and/or the regional transportation plan. Both ACHD policy and the UDC prohibits access to McMillan Road if'local street access is provided. With the development of'the property to the north, the Director finds that local street access has been provided via a private street. 4. The proposed residential development(if applicable) is a mew or gated development. The proposed residential development dares not include either a mew or proposes gates. Date to the site constraints, existing road nenvork, and proposed use af'an age-restricted development outlined in Section VII, the Director is requiring that the Applicant apply for Alternative Compliance to this requirement to in order provide an adequate alternative with the Final Plat application submittal, D. ALTERNATIVE COMPLIANCE In order to grant approval for alternative compliance,the director shall determine the following findings: I. Strict adherence or application of the requirements is not feasible; OR Access to this development is provided by a private,street and the UDC restricts access to McMillan Road, an arterial street. ACHD is also restricting access to Goddard Creek way, a collector street, Because the property is not served by internal public streets, the Director _finds strict adherence to the UDC is notfeasible and approves the request_far•the common driveways to take access,f►•om the private streets as proposed. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director f nds the itz fill and age-restricted development proposed b-v the applicant as a whale provides an equal or superior mmeatrs fbr meeting the requirements in that it contribctles to the unique character of the area and provides diversity in housing dvpes available within the Cin,. Page 28 Page 242 Item#10. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director•frndv that the proposed alternative means will not he detrimental to the public welfare or impair the intended uselcharacter af'the surrounding properties and tiWll actuallty contribute to the character and variety of housing types in this area of the Cit.i - Page 29 - Page 243 Item#11. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Addendum to Extend Project Agreement Between the City of Meridian and Nampa and Meridian Irrigation District to Authorize the City to Discharge Water from Well 32 Into the Ridenbaugh Canal for a Designated Period in 2021 Page 244 Item#11. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Dennis Teller, Public Works Meeting Date: January, 26 2021 Presenter: N/A Estimated Time: N/A Topic: Addendum to extend Project Agreement between the City of Meridian and Nampa Meridian Irrigation District to Authorize the City to Discharge Water from Well 32 into the Ridenbaugh Canal for a Designated Period in 2021. Recommended Council Action: Approve and authorize Procurement Manager, Keith Watts to sign the agreement extension. Background: The Nampa Meridian Irrigation District agreement addendum is to authorize the City to discharge water into the Ridenbaugh Canal from Well 32 through the 2021 irrigation season (Ending October 2021). This addendum was reviewed by the City's Legal department and approves to proceed with approval. Page 245 I i '- 1 I MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda i From: Dennis Teller, Public Works Meeting Date: January, 26 2021 Presenter: N/A Estimated Time: N/A Topic: Addendum to extend Project Agreement between the City of Meridian and Nampa Meridian Irrigation District to Authorize the City to Discharge Water from Well 32 0 into the Ridenbaugh Canal for a Designated Period in 2021. Recommended Council Action: Approve and authorize Procurement Manager, Keith Watts to sign the agreement extension. Background: The Nampa Meridian Irrigation District agreement addendum is to authorize the City to discharge water into the Ridenbaugh Canal from Well 32 through the 2021 irrigation season (Ending October 2021). This addendum was reviewed by the City's Legal department and approves to proceed with approval. ADDENDUM TO PROJECT AGREEMENT ADDENDUM TO PROJECT AGREEMENT, made and entered into this day of Vla rch , 2021 by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho (District) , and THE CITY OF MERIDIAN , a political subdivision and municipality of the State of Idaho (hereinafter referred to as "City") , is made with reference to the following facts : The District and the City entered into a certain Project Agreement dated August 18 , 2020 , recorded as Instrument No . 2020 - 108901 , in the records of Ada County, Idaho . The purpose of the Project Agreement is to permit the City to : a) temporarily discharge water from the City ' s Well Site #32 into the Ridenbaugh Canal through the existing discharge pipe and valve located where the Ridenbaugh Canal intersects W . Overland Road; and b) modify the existing discharge pipe, valve and flange within the District ' s easement to temporarily discharge water from the City ' s Well Site#32 into the Ridenbaugh Canal, located northeast of the intersection of Ten Mile Road and Overland Road in Meridian, Ada County, Idaho . Said Project Agreement further provided that: "The flush line will allow the discharge of a maximum of flow into the Ridenbaugh Canal of 3 . 5 cubic feet per second for a duration of not more than 55 days . The flush line shall be removed and all discharge to the Ridenbaugh Canal shall cease at the end of the 2020 irrigation season. " The City now represents to the District that the City desires to modify and amend said Project Agreement to permit the City to temporarily discharge water from the City ' s Well Site #32 into the Ridenbaugh Canal during the 2021 irrigation season . Execution of this addendum in accordance with these facts will affect or change the terms of said Project Agreement. NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth and those set forth in the Project Agreement referred to above, the parties agree as follows : 1 . Exhibit C , paragraph a. of said Project Agreement is hereby amended and modified to provide : The flush line will allow the discharge of a maximum of flow into the Ridenbaugh Canal of 3 . 5 cubic feet per second for a duration of not more than 90 days during the 2021 irrigation season . The flush i line shall be removed and all discharge to the Ridenbaugh Canal shall cease at the end of the 2021 irrigation season. 2 . Exhibit C , paragraph d. of said Project Agreement is hereby amended and modified to I provide : The duration of the permission granted by this Project Agreement shall be in temporary and shall cease at the end of the 2021 irrigation season. ADDENDUM TO PROJECT AGREEMENT - PAGE 1 I 3 . City shall notify the water superintendent of the District prior to and immediately after construction so that he or the District ' s engineers may inspect and approve the construction. The City shall also notify the District prior to any flushing and when said flushing is completed. At the request of the District, the City shall provide measurement and other records, including water quality records , for the quantity and quality of the water discharged/flushed ed/flushed to the Ridenbau h Canal . q Y q tY g g 4 . Said Project Agreement is hereby affirmed and shall remain in full force and effect except as modified by this Addendum. The City acknowledges and agrees that it is bound by the covenants , conditions and agreements contained in said Project Agreement . IN WITNESS WHEREOF , the District and the City have hereunto caused their names to be subscribed as of the day and year herein first above written. NAMPA & M RID IRRTGATIL,)7TRICT By Its resident ATTES Its Se etary STATE OF IDAHO ) ss : County of Canyon ) On this 2, day of CY\OL*-r -Vi , 202 before me, the undersigned, a Notary Public in and for said State, personally appeared Gl ; hvc, ,rAl. � ,e and Michael Comeskey, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation II district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same . i 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 ELKE ADAMS Residing at 't`9 �a�, Idaho COMMISSION #2018- 1017 My Commission Expires : 02k+ NOTARY PUBLIC STATE OF IDAHO ADDENDUM TO PROJECT AGREEMENT - PAGE 2 Item #11 . THE CITY OF MERIDIAN By Its Mayor, Robe' ison on 1 -26-2021 pP� ED AUGUST ATTEST : ,L l� 2 city of � . 9J �jot, y � E IDIAN s so i orl£ on �6-20a EAL ,� J Q STATE OF ID O ) ��lFRvrrneTR SJ�� EP _ ss : County of ADA ) On this 26th day of January , 2021 , before me, the undersigned, a Notary Public in and for said State, personally appeared Robert E . Simison and Chris Johnson., known to me to be the Mayor and City Clerk , respectively, of The CITY OF MERIDIAN, the entity that executed the foregoing instrument and acknowledged to me that such entity 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 . FCC HARLENE WAY Notary Public for Ida oIdaMMISSION 067390 Residing at Meridian NOTARY PUBLIC My Commission Expires : 3 -2 &2022 STATE OF IDAHO MMISSION EXPIRES 3128122 ADDENDUM TO PROJECT AGREEMENT - PAGE 3 P60 248 Item#12. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of Sixteen Grantee Agreements for the Meridian Small Business Grant Program Page 249 Item#12. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Tori Cleary, Community Development Meeting Date: January 26, 2021 Presenter: Tori Cleary Estimated Time: 0.0 Topic: Approval of Grantee Agreements for the Meridian Small Business Grant Program Recommended Council Action: Approve 16 Grantee Agreements for the Meridian Small Business Grant Program. The following Grantees have been approved through the City's Municipal Small Business Grant Program made possible through Coronavirus Aid, Relief, and Economic Security Act (CARES) Act funding. The Grantees, grant amounts, and grant purposes are listed below: Amount Grantee Approved PPE Testing Inventory Equipment Rent Utilities Apple LLC $15,000.00 X Belara LLC dbo The Goddard School $734.39 X X Big Al'5IF,Inc. $15,000.00 X Boise Basin Landscape&Maintenance Company LLC $15,000.00 X Bright Eyes Coffee,LLC $15,000m X C75 LLC $15,000.00 X FCO Meridian LLC $15,000.00 X Homestead Bar and Grill LLC $5,000,00 X KEXC Inc.dba Express Cafe $10,904.06 X X Meridian Chamber of Commerce $4,544.04 X X Muscle Foods LLC $1,450.00 X PACTT Inc. $15,000.00 X Pivot Operations LLC $15,000.00 X Ritchie Agency LLC $12,313.98 X X Treasure Valley Foot and Ankle $5,000.00 X Vertical View LLC 1 $4,497,081 X X Background: This is the seventh group of Agreements for approval under the Meridian Small Business Grant Program, created through the City Council designation of$1 million of the City's CARES Act funding allocation. Following staff review of applications and confirmation of business/organization eligibility and documentation of qualifying business expenses,grant applications are sent to a Review Committee comprised of the Chief of Staff, Finance Director, and a representative from the Chamber of Commerce Economic Development Committee.Applications are then sent to the State Coronavirus Financial Advisory Committee for approval and funding. With more than $1.2 million in requests in the application queue, the Program officially closed on December 30. There are 15 applicants on a waiting list should some of the applications in the queue not fund at the full amounts requested. To-date, all 87 of the 117 applications forwarded to the State have been approved,totaling$659,747.19 in grant awards. Page 250 Item#12. AGREEMENT BETWEEN CITY OF MERIDIAN AND APPLE,LLC FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This Agreement is entered into this day of_JaA+!"f , 2021 by and between the City of Meridian, a municipal corporation organized under the laws of fhe state of Idaho("City")and Apple, LLC, a limited liability company organized under the laws of the state of Idaho ("Grantee"). WHEREAS, having received federal financial assistance, as such term is defined in 2 CFR § 200,40,from the Coronavirus Relief Fund, designated within Title V, section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, P.L. 1 ld-136, 42 U.S.C. § 601 et seq. (the "CARES Act"),the State of Idaho ("State") created the Idaho Rebounds—Municipal Small Business Grant ("MSBG") program to help local businesses and organizations affected by COVID-19 pandemic, enabling cities and counties to provide aid within their community, including by the provision of economic support to those suffering from employment or business interruptions due to COVID-19-related business closures or limitations; and WHEREAS,pursuant to the State's approval of Meridian's MSBG program on September 11, 2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of expenses incurred due to the COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES Act;Idaho Governor's Executive Order Nos. 2020-07, 2020-08, and 2024-0$A;U.S. Treasury's Coronavirus Relief Fund Guidance for State,Territorial, Local, and Tribal Governments (Dated June 30, 2020);Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and the City's MSBG program guidelines(collectively, "MSBG Rules"); and WHEREAS, Grantee submitted to City a complete application for MSBG funds, including all related materials;and City and Grantee wish to enter into a cooperative agreement for the investment of MSBG funds For the purposes described therein; and WHEREAS, it is acknowledged by the Parties that although the State has approved the Meridian MSBG program and has generally committed the funds as set forth in this Agreement for such purpose, availability of these funds to City, and thus to Grantee, is subject to the State"s approval of Grantee's application and release of such funds to City, and that City's obligation to provide funding to Grantee under this Agreement is provisional,pending the approval and release of such funds to City; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. STATEMENT OF WORD A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed fifteen thousand dollars($15,000), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that Grantee meets each of the following criteria: 1. Grantee has 500 or fewer employees. 2. Grantee is a business operating in the City of Meridian, Idaho city limits. MSBG GRANTEE AGREEMENT PAGE l Page 251 Item#12. 3. Grantee has an official EIN. 4. Grantee is an Idaho-domiciled business. 5. Grantee incurred and paid the expenses for which the MSBG funds are awarded. b. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified business interruption(e.g., local closure orders, need for personal protective equipment, social distancing requirements, increased costs, disrupted supply network, etc.). 7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020 and December 30, 2020. 8. Grantee has not received funds for the expenses for which the MSBG funds are awarded from other COVID-19 grant programs. 9. Grantee does not exist for the purpose of advancing partisan political activities or the business does not directly lobby federal or state officials, defined as having had a registered lobbyist at any point during 2020. 10. Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances, and regulations. C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any reason, Grantee no longer qualifies for MSBG funds due to a change in compliance with one or more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources for the expenses described in this Agreement, Grantee shall immediately notify the City's Economic Development Administrator. D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars($15,000.00), within thirty(30) days of receipt of the specified funds by City. E. Disclosure and retention of records. Grantee acknowledges and understands that records submitted for the purposes of applying for MSBG funds; compliance with the terms of this Agreement or law;and/or audit by City, State, or federal agency shall be public records subject to disclosure by City and/or State pursuant to such agencies' respective obligations to comply with the Idaho Public Records Act ("IPRA7), and may be posted online by the State of Idaho, Insofar as such records are exempt from disclosure under IPRA or other provision of law, City shall make reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five(5)years after completion of all activities funded under this Agreement. The name of the business and the amount of grant funds received will be identified on the transparent.idaho.gov website and on the City of Meridian's Economic Development webpage, and may be disclosed upon request in accordance with the Idaho Public Records Act. II. GENERAL CONDITIONS A. Contingent on funding. It is acknowledged by the Parties that although the State has approved the Meridian MSBG program and the State has generally committed the funds as set forth in this Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City_ Unless and until the State approves Grantee's application and releases the funds to City, City shall have no contractual, legal, or equitable obligation to Grantee, whether under this Agreement or by any other legal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement MSBG GRANTEE AGREEMENT PAfrE 2 Page 252 Item#12. are:not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee,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 Grantee: City of Meridian Apple, LLC Attn: Economic Development Administrator ATTN: Blaine Jacobson 33 E. Broadway Avenue 2233 E Bluestem Ln Meridian, Idaho 83642 Boise, ID 83706 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. Indemnity. Grantee, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all losses, claims,actions, liabilities, and/or judgments for: damages or injury to persons or property and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees; and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement and not caused by or arising out of the tortious conduct of City or any employee, contractor, or agent thereof. Grantee acknowledges that participation in this program carries risks, some of which may be unknown, and does agree to assume all such known or unknown risks. D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR§§ 200 et. seq. E. Nondiscrimination. Grantee 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. F. Termination. 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 five (5) days to cure 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 Grantee ineligible for any further participation in City grant programming. 1. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days before the effective date of such termination, giving written notice to Grantee 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: a. Failure to comply with any provision of this Agreement, the MSBG Rules, or any rule, regulation, statute,executive order,or U.S. Treasury, State,or City guideline, policy or directive as may become applicable at any time; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; MSBG GRANTEE AGREEMENT PAGE 3 page 253 c. Improper use of funds provided under this Agreement; or d. Submission of receipts, reports,or documents that are incorrect or incomplete in any material respect. 3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee,whether under this Agreement 6r under any legal or equitable claim. G. Repayment. In the event of termination-for cause attributable to Grantee's acts or omissions, Grantee shall, within fourteen(14) days of City's demand, reimburse City for all MSBG funds disbursed. H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior written consent of City. I. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time,notwithstanding delay in enforcement. J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any and all applicable federal, state, and local laws. K. Exhibits. All 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. L. 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. The parties hereto may amend this Agreement at any time provided that such amendments are executed in writing, approved by City's governing body, and signed by a duly authorized representative of each party. 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. GRANTEE: Apple, LLC - at.,- Blaine Jacobson CITY: City of Meridian Attest: By: Robert E. Simison, Mayor 1-26-2021 Chris Johnson, City Clerk 1-26-2021 MSBG GRANTEE AGR.EEmENT PAGE 4 Page 254 Item#12. EXHMIT A: APPROVED EXPENSES Eligible Expense Amount Rent 9/1/2020 $3,910.00 10/1/2020 $3,910.00 11/1/2020 $3,910.00 12/3/2020 $3,910.00 Total Eligible Expenses $15,640.00 Approved Amount $15,000.00 MSBG GRANTEE AGREEMENT PAGE 5 Page 255 Item#12. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF MERIDIAN AND BALARA LLC DBA THE GODDARD SCHOOL FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This First Amendment to Agreement Between City of Meridian and Balara LLC DBA The Goddard School fo^r Idaho Rebounds—Municipal Small Business Grant Funds ("First Amendment") is entered into this-I-day of -SpgjVA9 y, 2021 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ( "City') and Balara LLC DBA The Goddard School, a limited liability company organized under the laws of the state of Idaho ("Grantee"). WHEREAS,the Parties seek by this First Amendment to modify the Agreement Between City of Meridian and Grantee for Idaho Rebounds-- Municipal Small Business Grant Funds ("Agreement"); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SECTION I.A.AMENDED. Section I.A of the Agreement shall be amended to read as follows: A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed seven hundred thirty four dollars and thirty nine cents ($734.39), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement,the MSBG Rules. II. SECTION LD AMENDED. Section I.D of the Agreement shall be amended to read as follows: D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars ($15,000.00), within thirty (30) days of receipt of the specified funds by City. III.NO ADDITIONAL.MODIFICATIONS. The Parties agree that except as expressly modified by this First Amendment, all provisions of the original Agreement, including recitals and exhibits thereto, shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise affect the operation of the Agreement or this amendment thereto, IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the Effective Date first above written. GRANTEE: Balara LM DBA The Goddard School Rick Antl, Owner CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor 1-26-2021 Chris Johnson, City Clerk 1-26-2021 FIRST AMENDMENT TO MSBG AGREEMENT Paul: I Page 256 Item#12. EXHIBIT A: APPROVED EXPENSES Previously Requested Expenses Eligible Expense Amount Idaho Power-June 33.32 Idaho Power-July 498.68 Idaho Power-August 636.61 Idaho Power-September 445.09 Walmart-Face Masks 211.89 Target-Face Masks 127.20 Walmart-Thermometer 116.58 Amazon-Thermometer 127.18 Waxie-6/24/20 Invoice-PPE 69.61 Waxie-6/29/20 Invoice-PPE 272.37 Waxie-7/6/20 Invoice-PPE 188.67 Waxie-7/9/20 Invoice-PPE 125.78 Waxie-7/22/20 Invoice-PPE 301.18 Waxie-8/25/20 Invoice-PPE 125.78 Waxie-8/31/20 Invoice-PPE 57.99 Waxie-8/31/20 Invoice-PPE 219.59 Waxie-8/11/20 Invoice-PPE 311.47 Waxie-8/25/20 Invoice-PPE 283.96 Waxie-9/17/20 Invoice-PPE 189.38 Waxie-9/18/20 Invoice-PPE 475.47 Waxie-9/22/20 Invoice-PPE 67.56 Waxie-9/22/20 Invoice-PPE 222.49 Waxie-10/2/20 Invoice-PPE 178.50 Waxie-10/13/20 Invoice-PPE 87.16 Waxie-10/13/20 Invoice-PPE 244.16 Walmart-Gloves 362.52 Total Eligible Expenses 5,980.19 Current Request Eligible Expense Amount Idaho Power-December 336.14 Waxie-11/19/20 Invoice-PPE 127.20 Waxie-11/19/20 Invoice-PPE 145.27 Waxie-11/23/20 Invoice-PPE 125.78 Total Eligible Expenses 734.39 FIRST AMENDMENT TO MSBG AGRFIiMENT PAGE.2 page 257 Item#12. AGREEMENT BETWEEN CITY OF MERIDIAN AND BIG AL'S III, INC. FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This Agreement is entered into this 26th day of January 2021 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City")and Big Al's III, Inc., a general business corporation organized under the laws of the state of Idaho ("Grantee"). WHEREAS, hating received federal financial assistance, as such term is defined in 2 CFR § 200.40, from the Coronavirus Relief Fund, designated within Title V, section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, P-L. 116-136,42 U.S.C. § 601 et seq. (the"CARES Act"),the State of Idaho ("State") created the Idaho Rebounds--Municipal Small Business Grant ("MSBG") program to help local businesses and organizations affected by COVID-19 pandemic, enabling cities and counties to provide aid within their community, including by the provision of economic support to those suffering from employment or business interruptions due to COVID-I 9-related business closures or limitations; and WHEREAS,pursuant to the State's approval of Meridian's MSBG program on September 11, 2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of expenses incurred due to the COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES Act; Idaho Governor's Executive Order Nos. 2020-07, 2020-08, and 2020-08A; U.S. Treasury's Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments(Dated June 30, 2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and the City's MSBG program guidelines(collectively, "MSBG Rules"); and WHEREAS, Grantee submitted to City a complete application for MSBG funds, including all related materials; and City and Grantee wish to enter into a cooperative agreement for the investment of MSBG funds for the purposes described therein; and WHEREAS, it is acknowledged by the Parties that although the State has approved the Meridian MSBG program and has generally committed the funds as set forth in this Agreement for such purpose, availability of these funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City, and that City's obligation to provide funding to Grantee under this Agreement is provisional, pending the approval and release of such funds to City; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. STATEMENT OF WORK A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed fifteen thousand dollars ($15,000), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that Grantee meets each of the following criteria: Z. Grantee has 500 or fewer employees. MSBG GRANTEE AGREEMENT PAGE I Page 258 Item#12. 2. Grantee is a business operating in the City of Meridian, .Idaho city limits. 3. Grantee has an official EIN. 4. Grantee is an Idaho-domiciled business. 5. Grantee incurred and paid the expenses for which the MSBG funds are awarded. d. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified business interruption(e.g., local closure orders, need for personal protective equipment, social distancing requirements, increased costs, disrupted supply network, etc.). 7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020 and December 30, 2020. 8. Grantee has not received funds for the expenses for which the MSBG funds are awarded from other COVID-19 grant programs. 9. Grantee does not exist for the purpose of advancing partisan political activities or the business does not directly lobby federal or state officials, defined as having had a registered lobbyist at any point during 2020. 10. Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances, and regulations. C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any reason, Grantee no longer qualifies for MSBG funds due to a change in compliance with one or more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources for the expenses described in this Agreement, Grantee shall immediately notify the City's Economic Development Administrator. D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A,up to fifteen thousand dollars ($I5,000.00), within thirty(30) days of receipt of the specified funds by City. E. Disclosure and retention of records. Grantee acknowledges and understands that records submitted for the purposes of applying for MSBG funds; compliance with the terms of this Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to disclosure by City and/or State pursuant to such agencies' respective obligations to comply with the Idaho Public Records Act C IPRA"), and may be posted online by the State of Idaho. Insofar as such records are exempt from disclosure under IPRA or other provision of law, City shall make reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after completion of all activities funded under this Agreement. The name of the business and the amount of grant funds received will be identified on the transparent.idaho.gov website and on the City of Meridian's Economic Development webpage, and may be disclosed upon request in accordance with the Idaho Public Records Act. II. GENERAL CONDITIONS A. Contingent on funding. It is acknowledged by the Parties that although the State has approved the Meridian MSBG program and the State has generally committed the funds as set forth in this Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City. Unless and until the State approves Grantee's application and releases the funds to City, City shall have no contractual, legal, or equitable obligation to Grantee, whether under this Agreement or by any other MSBG GRANTEE Ac REEAENT PAGE 2 Page 259 Item#12. legal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City,this Agreement shall be void, and City shall have no obligation to Grantee, 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 Grantee: City of Meridian Big Al's III, Inc. Attn: Economic Development Administrator ATTN: Kelley Gaylor 33 E. Broadway Avenue 1900 N Eagle Rd Meridian, Idaho 83642 Meridian, ID 83646 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. Indemnity. Grantee, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all losses, claims, actions, liabilities, and/or judgments for: damages or injury to persons or property and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees; and other costs,including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement and not caused by or arising out of the tortious conduct of City or any employee, contractor,or agent thereof. Grantee acknowledges that participation in this program carries risks, some of which may be unknown, and does agree to assume all such known or unknown risks. D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§ 200 et. seq_ E. Nondiscrimination. Grantee 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. F. Termination. 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 five (5) days to cure 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 Grantee ineligible for any further participation in City grant programming. I. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days before the effective date of such termination, giving written notice to Grantee 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: a. Failure to comply with any provision of this Agreement, the MSBG Rules, or any rule, regulation, statute, executive order, or U.S. Treasury, State, or City guideline, policy or directive as may become applicable at any time; MSBG GRANTEE AGREEMENT PAGE 3 Page 260 Item#12. b- Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Improper use of funds provided under this Agreement; or d. Submission of receipts,reports, or documents that are incorrect or incomplete in any material respect. 3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, whether under this Agreement or under any legal or equitable claim. G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions, Grantee shall, within fourteen(14) days of City's demand, reimburse City for all MSBG funds disbursed. H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior written consent of City. I. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time, notwithstanding delay in enforcement. J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any and all applicable federal, state, and local laws. K. Exhibits. All 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. L. 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. The parties hereto may amend this Agreement at any time provided that such amendments are executed in writing, approved by City's governing body, and signed by a duly authorized representative of each party. 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. GRANTEE: Big Al's 11I,Inc. Kelley Gaylo CITY: City of Meridian Attest: By: Robert E. Simison, Mayor 1-26-2021 Chris Johnson, City Clerk 1-26-2021 MSBG GRANTEE AGREEMENT PACE 4 Page 261 Item#12. EXMBrr A: APPROVED EXPENSES Eligible Expense Amount Rent- November 76490.47 Total Eligible Expenses 76,490.47 Approved Amount 15,000.00 MSBG GxANTES AGREEMENT PAGE Page 262 Item#12. AGREEMENT BETWEEN CITY OF MERIDIAN AND BOISE BASIN LANDSCAPE & MAINTENANCE COMPANY, LLC FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This Agreement is entered into this 11 day of January , 2021 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Boise Basin Landscape &Maintenance Company, LLC, a limited liability company organized under the laws of the state of Idaho ("Grantee"). WHEREAS, having received federal financial assistance, as such term is defined in 2 CFR § 200.40, from the Coronavirus Relief Fund, designated within Title V, section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136, 42 U.S.C. § 601 et seq. (the "CARES Act"), the State of Idaho ("State") created the Idaho Rebounds—Municipal Small Business Grant ("MSBG") program to help local businesses and organizations affected by COVID-19 pandemic, enabling cities and counties to provide aid within their community, including by the provision of economic support to those suffering from employment or business interruptions due to COVID-19-related business closures or limitations; and WHEREAS,pursuant to the State's approval of Meridian's MSBG program on September 11, 2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of expenses incurred due to the COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES Act; Idaho Governor's Executive Order Nos. 2020-07, 2020-08, and 2020-08A; U.S. Treasury's Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments (Dated June 30, 2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and the City's MSBG program guidelines (collectively, "MSBG Rules"); and WHEREAS, Grantee submitted to City a complete application for MSBG funds, including all related materials; and City and Grantee wish to enter into a cooperative agreement for the investment of MSBG funds for the purposes described therein; and WHEREAS, it is acknowledged by the Parties that although the State has approved the Meridian MSBG program and has generally committed the funds as set forth in this Agreement for such purpose, availability of these funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City, and that City's obligation to provide funding to Grantee under this Agreement is provisional, pending the approval and release of such funds to City; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. STATEMENT OF WORK A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed fifteen thousand dollars ($15,000), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that Grantee meets each of the following criteria: MSBG GRANTEE AGREEMENT PAGE 1 page 263 Item#12. 1. Grantee has 500 or fewer employees. 2. Grantee is a business operating in the City of Meridian, Idaho city limits. 3. Grantee has an official EIN. 4. Grantee is an Idaho-domiciled business. 5. Grantee incurred and paid the expenses for which the MSBG funds are awarded. 6. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified business interruption(e.g., local closure orders, need for personal protective equipment, social distancing requirements, increased costs, disrupted supply network, etc.). 7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020 and December 30, 2020. 8. Grantee has not received funds for the expenses for which the MSBG funds are awarded from other COVID-19 grant programs. 9. Grantee does not exist for the purpose of advancing partisan political activities or the business does not directly lobby federal or state officials, defined as having had a registered lobbyist at any point during 2020. 10. Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances, and regulations. C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any reason, Grantee no longer qualifies for MSBG funds due to a change in compliance with one or more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources for the expenses described in this Agreement, Grantee shall immediately notify the City's Economic Development Administrator. D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars ($15,000.00), within thirty(30) days of receipt of the specified funds by City. E. Disclosure and retention of records. Grantee acknowledges and understands that records submitted for the purposes of applying for MSBG funds; compliance with the terms of this Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to disclosure by City and/or State pursuant to such agencies' respective obligations to comply with the Idaho Public Records Act ("IPRA"), and may be posted online by the State of Idaho. Insofar as such records are exempt from disclosure under IPRA or other provision of law, City shall make reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after completion of all activities funded under this Agreement. The name of the business and the amount of grant funds received will be identified on the transparent.idaho.gov website and on the City of Meridian's Economic Development webpage, and may be disclosed upon request in accordance with the Idaho Public Records Act. II. GENERAL CONDITIONS A. Contingent on funding. It is acknowledged by the Parties that although the State has approved the Meridian MSBG program and the State has generally committed the funds as set forth in this Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City. Unless and until the State approves Grantee's application and releases the funds to City, City shall have no MSBG GRANTEE AGREEMENT PAGE 2 page 264 Item#12. contractual, legal, or equitable obligation to Grantee, whether under this Agreement or by any other legal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, 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 Grantee: City of Meridian Boise Basin Landscape &Maintenance Attn: Economic Development Administrator Company, LLC 33 E. Broadway Avenue ATTN: Robert Lee Meridian, Idaho 83642 265 E. 5th Street Meridian, ID 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. Indemnity. Grantee, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all losses, claims, actions, liabilities, and/or judgments for: damages or injury to persons or property and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees; and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement and not caused by or arising out of the tortious conduct of City or any employee, contractor, or agent thereof. Grantee acknowledges that participation in this program carries risks, some of which may be unknown, and does agree to assume all such known or unknown risks. D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§ 200 et. seq. E. Nondiscrimination. Grantee 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. F. Termination. 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 five (5) days to cure 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 Grantee ineligible for any further participation in City grant programming. 1. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days before the effective date of such termination, giving written notice to Grantee 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: a. Failure to comply with any provision of this Agreement, the MSBG Rules, or any rule, MSBG GRANTEE AGREEMENT PAGE 3 page 265 Item#12. regulation, statute, executive order, or U.S. Treasury, State, or City guideline, policy or directive as may become applicable at any time; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Improper use of funds provided under this Agreement; or d. Submission of receipts, reports, or documents that are incorrect or incomplete in any material respect. 3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, whether under this Agreement or under any legal or equitable claim. G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions, Grantee shall, within fourteen(14) days of City's demand, reimburse City for all MSBG funds disbursed. H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior written consent of City. L 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, notwithstanding delay in enforcement. J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any and all applicable federal, state, and local laws. K. Exhibits. All 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. L. 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. The parties hereto may amend this Agreement at any time provided that such amendments are executed in writing, approved by City's governing body, and signed by a duly authorized representative of each party. 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. GRANTEE: Boise Basin Landscape &Maintenance Company, LLC Robert Lee Robert Lee CITY: City of Meridian Attest: By: Robert E. Simison, Mayor 1-26-2021 Chris Johnson, City Clerk 1-26-2021 MSBG GRANTEE AGREEMENT PAGE 4 page 266 Item#12. EXHIBIT A: APPROVED EXPENSES Eligible Expense Amount Rent-December 2500.00 Rent—November 2500.00 Rent—October 2500.00 Rent—September 2500.00 Rent—August 2500.00 Rent—July 2500.00 Total Eligible Expenses 15,000.00 Approved Amount 15,000.00 MSBG GRANTEE AGREEMENT PAGE 5 page 267 Item#12. AGREEMENT BETWEEN CITY OF MERIDIAN AND BRIGHT EYE COFFEE,LLC FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This Agreement is entered into this day of,TAA,JA LtN , 2021 by and between the City of Meridian, a municipal corporation organized under the aws of the state of Idaho ("City") and Bright Eye Coffee, LLC, a limited liability company organized under the laws of the state of Idaho ("Grantee"). WHEREAS,having received federal financial assistance, as such term is defined in 2 CFR § 200.40, from the Coronavirus Relief Fund, designated within Title V, section 5001 of the Coronavirus Aid,Relief, and Economic Security Act,P.L. 116-136, 42 U.S.C. § 601 et seq. (the "CARES Act"),the State of Idaho ("State") created the Idaho Rebounds—Municipal Small Business Grant ("MSBG") program to help local businesses and organizations affected by COVID-19 pandemic, enabling cities and counties to provide aid within their community, including by the provision of economic support to those suffering from employment or business interruptions due to COVID-19-related business closures or limitations; and WHEREAS,pursuant to the State's approval of Meridian's MSBG program on September 11, 2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of expenses incurred due to the COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES Act; Idaho Governor's Executive Order Nos. 2020-07, 2020-08,and 2020-08A; U.S. Treasury's Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments (Dated June 30, 2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and the City's MSBG program guidelines (collectively, "MSBG Rules"); and WHEREAS,Grantee submitted to City a complete application for MSBG funds, including all related materials; and City and Grantee wish to enter into a cooperative agreement for the investment of MSBG funds for the purposes described therein; and WHEREAS, it is acknowledged by the Parties that although the State has approved the Meridian MSBG program and has generally committed the funds as set forth in this Agreement for such purpose, availability of these funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City, and that City's obligation to provide funding to Grantee under this Agreement is provisional, pending the approval and release of such funds to City; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. STATEMENT OF WORK A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed fifteen thousand dollars ($15,000), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that Grantee meets each of the following criteria: MSBG GRANTEE AGRFFmENT PAGE 1 Page 268 Item#12. 1. Grantee has 500 or fewer employees. 2. Grantee is a business operating in the City of Meridian, Idaho city limits. 3. Grantee has an official EIN. 4. Grantee is an Idaho-domiciled business. S. Grantee incurred and paid the expenses for which the MSBG funds are awarded. 6. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified business interruption(e.g., local closure orders, need for personal protective equipment, social distancing requirements, increased costs, disrupted supply network, etc.). 7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020 and December 30, 2020. 8. Grantee has not received fiends for the expenses for which the MSBG funds are awarded from other COVID-19 grant programs. 9. Grantee does not exist for the purpose of advancing partisan political activities or the business does not directly lobby federal or state officials, defined as having had a registered lobbyist at any point during 2020. 10. Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances, and regulations. C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any reason., Grantee no longer qualifies for MSBG fiends due to a change in compliance with one or more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources for the expenses described in this Agreement, Grantee shall immediately notify the City's Economic Development Administrator. D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars (S15,000.00), within thirty(30) days of receipt of the specified funds by City. E. Disclosure and retention of records. Grantee acknowledges and understands that records submitted for the purposes of applying for MSBG funds; compliance with the terms of this Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to disclosure by City and/or State pursuant to such agencies' respective obligations to comply with the Idaho Public Records Act ("IPRA"), and may be posted online by the State of Idaho. Insofar as such records are exempt from disclosure under IPRA or other provision of law, City shall make reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after completion of all activities funded under this Agreement. The name of the business and the amount of grant funds received will be identified on the transparent,idaho.gov website and on the City of Meridian's Economic Development webpage, and may be disclosed upon request in accordance with the Idaho Public Records Act. H. GENERAL CONDITIONS A. Contingent on funding. It is acknowledged by the Parties that although the State has approved the Meridian MSBG program and the State has generally committed the fiends as set forth in this Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City. Unless and until the State approves Grantee's application and releases the funds to City, City shall have no MSBG GRANTEE AGREEMENT PAGE 2 Page 269 Item#12. contractual, legal, or equitable obligation to Grantee,whether under this Agreement or by any other legal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, 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 Grantee: City of Meridian Bright Eye Coffee, LLC Attn: Economic Development Administrator ATTN: Jessica Maschmann, Owner 33 E. Broadway Avenue 23188 Canyon Ln Meridian, Idaho 83642 Caldwell, ID 83607 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. Indemnity. Grantee, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all losses, claims, actions, liabilities, and/or judgments for: damages or injury to persons or property and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees; and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement and not caused by or arising out of the tortious conduct of City or any employee, contractor, or agent thereof. Grantee acknowledges that participation in this program carries risks, some of which may be unknown, and does agree to assume all such known or unknown risks. D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§ 200 et. seq. E. Nondiscrimination. Grantee 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. F. Termination. 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 five (5) days to cure 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 Grantee ineligible for any further participation in City grant programming. 1. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days before the effective date of such termination, giving written notice to Grantee 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: a. Failure to comply with any provision of this Agreement,the MSBG Rules, or any rule, regulation, statute, executive order, or U.S. Treasury, State, or City guideline, policy or MSBG GRANTEE.AGREF-mP-N r PAc 3 Page 270 Item#12. directive as may become applicable at any time; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Improper use of funds provided under this Agreement; or d. Submission of receipts, reports, or documents that are incorrect or incomplete in any material respect. 3. Void if funds not available. In the event that MSBG fiends for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, whether under this Agreement or under any legal or equitable claim. G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions, Grantee shall, within fourteen(14) days of City's demand, reimburse City for all MSBG funds disbursed. H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior written consent of City. I. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time, notwithstanding delay in enforcement. J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any and all applicable federal, state, and local laws. K. Exhibits. All 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. L. 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. The parties hereto may amend this Agreement at any time provided that such amendments are executed in writing, approved by City's governing body, and signed by a duly authorized representative of each party. IN WITNESS WHEREOF, the parties shall cause this Agreement lo be executed by their duly authorized officers to be effective as of the day and year first above written. GRANTEE: Bright Eye Coffee, LLC 4kcaA'aschmannn, Owner CITY: City of Meridian Attest: By: Robert E. Simison, Mayor 1-26-2021 Chris Johnson, City Clerk 1-26-2021 MSBG GRANTEE ArPRPMENT PAGE 4 Page 271 Item#12. EXHIBIT A: APPROVED EXPENSES Eligible Expense A15,000,00 Rent-Aug/Sept/Oct Total Eligible Expenses Approved Amount MSBG GRANTEE AGuEMENT PAGE S Page 272 Item#12. AGREEMENT BETWEEN CITY OF MERIDIAN AND C75 LLC FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This Agreement is entered into this 26th day of January , 2021 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and C75 LLC, a limited liability company organized under the laws of the state of Idaho ("Grantee"). WHEREAS, having received federal financial assistance, as such term is defined in 2 CFR § 200.40, from the Coronavirus Relief Fund, designated within Title V, section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136, 42 U.S.C. § 601 et seq. (the "CARES Act"), the State of Idaho ("State") created the Idaho Rebounds—Municipal Small Business Grant ("MSBG") program to help local businesses and organizations affected by COVID-19 pandemic, enabling cities and counties to provide aid within their community, including by the provision of economic support to those suffering from employment or business interruptions due to COVID-19-related business closures or limitations; and WHEREAS, pursuant to the State's approval of Meridian's MSBG program on September 11, 2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of expenses incurred due to the COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES Act; Idaho Governor's Executive Order Nos. 2020-07, 2020-08, and 2020-08A; U.S. Treasury's Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments (Dated June 30, 2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and the City's MSBG program guidelines (collectively, "MSBG Rules"); and WHEREAS, Grantee submitted to City a complete application for MSBG funds, including all related materials; and City and Grantee wish to enter into a cooperative agreement for the investment of MSBG funds for the purposes described therein; and WHEREAS, it is acknowledged by the Parties that although the State has approved the Meridian MSBG program and has generally committed the funds as set forth in this Agreement for such purpose, availability of these funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City, and that City's obligation to provide funding to Grantee under this Agreement is provisional, pending the approval and release of such funds to City; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. STATEMENT OF WORK A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed fifteen thousand dollars ($15,000), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that Grantee meets each of the following criteria: 1. Grantee has 500 or fewer employees. 2. Grantee is a business operating in the City of Meridian, Idaho city limits. MSBG GRANTEE AGREEMENT PAGE 1 page 273 Item#12. 3. Grantee has an official EIN. 4. Grantee is an Idaho-domiciled business. 5. Grantee incurred and paid the expenses for which the MSBG funds are awarded. 6. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified business interruption(e.g., local closure orders, need for personal protective equipment, social distancing requirements, increased costs, disrupted supply network, etc.). 7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020 and December 30, 2020. 8. Grantee has not received funds for the expenses for which the MSBG funds are awarded from other COVID-19 grant programs. 9. Grantee does not exist for the purpose of advancing partisan political activities or the business does not directly lobby federal or state officials, defined as having had a registered lobbyist at any point during 2020. 10. Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances, and regulations. C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any reason, Grantee no longer qualifies for MSBG funds due to a change in compliance with one or more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources for the expenses described in this Agreement, Grantee shall immediately notify the City's Economic Development Administrator. D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars ($15,000.00), within thirty(30) days of receipt of the specified funds by City. E. Disclosure and retention of records. Grantee acknowledges and understands that records submitted for the purposes of applying for MSBG funds; compliance with the terms of this Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to disclosure by City and/or State pursuant to such agencies' respective obligations to comply with the Idaho Public Records Act ("IPRA"), and may be posted online by the State of Idaho. Insofar as such records are exempt from disclosure under IPRA or other provision of law, City shall make reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after completion of all activities funded under this Agreement. The name of the business and the amount of grant funds received will be identified on the transparent.idaho.gov website and on the City of Meridian's Economic Development webpage, and may be disclosed upon request in accordance with the Idaho Public Records Act. II. GENERAL CONDITIONS A. Contingent on funding. It is acknowledged by the Parties that although the State has approved the Meridian MSBG program and the State has generally committed the funds as set forth in this Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City. Unless and until the State approves Grantee's application and releases the funds to City, City shall have no contractual, legal, or equitable obligation to Grantee, whether under this Agreement or by any other legal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement MSBG GRANTEE AGREEMENT PAGE 2 page 274 Item#12. are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, 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 Grantee: City of Meridian C75 LLC Attn: Economic Development Administrator ATTN: Michael Weems, Owner 33 E. Broadway Avenue 11413 W Fenchurch Ct. Meridian, Idaho 83642 Boise, ID 83709 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. Indemnity. Grantee, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all losses, claims, actions, liabilities, and/or judgments for: damages or injury to persons or property and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees; and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement and not caused by or arising out of the tortious conduct of City or any employee, contractor, or agent thereof. Grantee acknowledges that participation in this program carries risks, some of which may be unknown, and does agree to assume all such known or unknown risks. D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§ 200 et. seq. E. Nondiscrimination. Grantee 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. F. Termination. 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 five (5) days to cure 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 Grantee ineligible for any further participation in City grant programming. 1. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days before the effective date of such termination, giving written notice to Grantee 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: a. Failure to comply with any provision of this Agreement, the MSBG Rules, or any rule, regulation, statute, executive order, or U.S. Treasury, State, or City guideline, policy or directive as may become applicable at any time; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; MSBG GRANTEE AGREEMENT PAGE 3 page 275 Item#12. c. Improper use of funds provided under this Agreement; or d. Submission of receipts, reports, or documents that are incorrect or incomplete in any material respect. 3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, whether under this Agreement or under any legal or equitable claim. G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions, Grantee shall, within fourteen(14) days of City's demand, reimburse City for all MSBG funds disbursed. H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior written consent of City. I. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time, notwithstanding delay in enforcement. J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any and all applicable federal, state, and local laws. K. Exhibits. All 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. L. 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. The parties hereto may amend this Agreement at any time provided that such amendments are executed in writing, approved by City's governing body, and signed by a duly authorized representative of each party. 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. GRANTEE: C75 LLC Michael Weems, Owner CITY: City of Meridian Attest: By: Robert E. Simison, Mayor 1-26-2021 Chris Johnson, City Clerk 1-26-2021 MSBG GRANTEE AGREEMENT PAGE 4 page 276 Item#12. EXHIBIT A: APPROVED EXPENSES Eligible Expense Amount Rent-October 5354.13 Rent-November 5354.13 Rent-December 5354.13 Total Eligible Expenses 16,062.39 Approved Amount 15,000.00 MSBG GRANTEE AGREEMENT PAGE 5 page 277 Item#12. AGREEMENT BETWEEN CITY OF MERIDIAN AND FCO MERIDIAN LLC FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This Agreement is entered into this 261h day of January 2021 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and FCO MERIDIAN LLC, a limited liability company organized under the laws of the state of Idaho ("Grantee"). WHEREAS, having received federal financial assistance, as such term is defined in 2 CFR § 200.40,from the Coronavirus Relief Fund, designated within Title V, section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136, 42 U.S.C. § 601 fit see. (the "CARES Act"), the State of Idaho ("State") created the Idaho Rebounds—Municipal Small Business Grant ("MSBG") program to help local businesses and organizations affected by COVID-19 pandemic, enabling cities and counties to provide aid within their community, including by the provision of economic support to those suffering from employment or business interruptions due to COVID-19-related business closures or limitations; and WHEREAS, pursuant to the State's approval of Meridian's MSBG program on September 11, 2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of expenses incurred due to the COVID-19 pandemic, as set forth in Title V, section 500I of the CARES Act; Idaho Governor's Executive Order Nos. 2020-07, 2020-08, and 2020-08A; U.S. Treasury's Coronavirus Relief Fund Guidance for State, Tenfitorial, Local, and Tribal Governments (Dated June 30, 2020); Idaho Rebounds —Municipal Small Business Grant Program Description and Guidance; and the City's MSBG program guidelines (collectively, "MSBG Rules"); and WHEREAS, Grantee submitted to City a complete application for MSBG funds, including all related materials; and City and Grantee wish to enter into a cooperative agreement fbr the investment of MSBG firnds for the purposes described therein; and WHEREAS, it is acknowledged by the Parties that although the State has approved the Meridian MSBG program and has generally committed the funds as set forth in this Agreement for such purpose, availability of these funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City, and that City's obligation to provide funding to Grantee under this Agreement is provisional, pending the approval and release of such finds to City; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. STATEMENT OF WORK A. Activities. Grantee shall use City's MSBG firnds in an amount not to exceed fifteen thousand dollars ($15,000), for the approved expenses, as set forth in Exhibit A, Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. B. Current eligibility, Grantee certifies that Grantee is eligible to receive MSBG funds, and that Grantee meets each of the following criteria: MSBG GRANTEE AGREEMENT PAcr 1 Page 278 Item#12. L Grantee has 500 or fewer employees. 2. Grantee is a business operating in the City of Meridian, Idaho city limits. 3. Grantee has an official EIN. 4. Grantee is an Idaho-domiciled business. 5. Grantee incurred and paid the expenses for which the MSBG fiends are awarded. 6. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified business interruption (e.g., local closure orders, need for personal protective equipment, social distancing requirements, increased costs, disrupted supply network, etc.). 7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020 and December 30, 2020. S. Grantee has not received fiends for the expenses for which the MSBG funds are awarded from other COVID-19 grant programs. 9. Grantee does not exist for the purpose of advancing partisan political activities or the business does not directly lobby federal or state officials, defined as having had a registered lobbyist at any point during 2020. 10. Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances, and regulations. C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any reason, Grantee no longer qualities for MSBG funds due to a change in compliance with one or more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources for the expenses described in this Agreement, Grantee shall immediately notify the City's Economic Development Administrator. D. Reimbursement Procedures. City shall provide to Grantee the MSBG finds awarded for the approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars ($15,000.00), within thirty(30) days of receipt of the specified funds by City. C. Disclosure and retention of records. Grantee acknowledges and understands that records submitted for the purposes of applying for MSBG funds; compliance with the terms of this Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to disclosure by City and/or State pursuant to such agencies' respective obligations to comply with the Idaho Public Records Act ("IPRA"), and may be posted online by the State of Idaho. Insofar as such records are exempt from disclosure under IPRA or other provision of law, City shall make reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after completion of all activities funded under this Agreement. The name of the business and the amount of grant Einds received will be identified on the transparent,idaho.gov website and on the City of`Meridian's Economic Development webpage, and may be disclosed upon request in accordance with the Idaho Public Records Act, 11. GENERAL CONDITIONS A. Contingent on funding. It is acknowledged by the Parties that although the State has approved the Meridian MSBG program and the State has generally committed the funds as set forth in this Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such finds to City. Unless and until the State approves Grantee's application and releases the funds to City, City shall have no MSBG GRANTEE AGREEMENT PAGE 2 Page 279 Item#12. contractual, legal, or equitable obligation to Grantee, whether under this Agreement or by any other Iegal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, 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 Grantee: City of Meridian FCO MERIDIAN LLC Attn: Economic Development Administrator ATTN: LISA LUMSDEN, Owner 33 E. Broadway Avenue 3268 S Temperance Way Meridian, Idaho 83642 Boise, ID 83706 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. Indemnity. Grantee, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all losses, claims, actions, liabilities, and/or judgments for: damages or injury to persons or property and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees; and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement and not caused by or arising out of the tortious conduct of City or any employee, contractor, or agent thereof. Grantee acknowledges that participation in this program carries risks, some of which may be unknown, and does agree to assume all such known or unknown risks. D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§ 200 et. seq. E. Nondiscrimination. Grantee 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. F. Termination. Either Party may terminate this Agreemcnt for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have five (5) days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this tune 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 Grantee ineligible for any further participation in City grant programming. I. Termination for convenience. City may terminate this Agreement by, at least thirty (30) days before the effective date of such termination, giving written notice to Grantee of such termination and specifying the effective date thereof 2. Termination for cause. Termination of this Agreci-nent, in whole or in part, may occur for cause, which shall include, but shall not be limited to, the following: a. Failure to comply with any provision of this Agreement, the MSBG Rules, or any rule, regulation, statute, executive order, or U.S. Treasury, State, or City guideline, policy or MSBG GRANTEE AGREEMENT PAGE 3 Page 280 Item#12. directive as may become applicable at anytime; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Improper use of funds provided under this Agreement; or d. Submission of receipts, reports, or documents that are incorrect or incomplete in any material respect. 3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, whether under this Agreement or under any legal or equitable claim. G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions, Grantee shall, within fourteen(14) days of City's demand, reimburse City for all MSBG funds disbursed. H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior written consent of City. .I. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time, notwithstanding delay in enforcement. J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any and all applicable federal, state, and local laws. K. Exhibits. All 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. L. 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. The parties hereto may amend this Agreement at any time provided that such amendments are executed in writing, approved by City's governing body, and signed by a duly authorized representative of each party. 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. GRANTEE: AEFCRIDIA LLC LISA LUMSDEN, Owner CITY: City of Meridian Attest: By: Robert E. Si.mison, Mayor 1-26-2021 Chris Johnson, City Clerk 1-26-2021 MSBG GRANTEE AGREEMENT Pa e 281 PAGE 4 9 Item#12. EXHIBIT A: APPROVED EXPENSES Eligible Expense ;Amount Rent-Sept/Oct/Nov/Dec 74,055.48 Totaf Eligible Expenses 24,055.4$ Approved Arnount 15,000.00 MSBG GRANTEE AGREEMENT Pa e 282 PAC,E 5 Item#12. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF MERIDIAN AND HOMESTEAD BAR AND GRILL LLC FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This First Amendment to Agreement Between City of Meridian and Homestead Bar and Grill LLC for Idaho Rebounds—Municipal Small Business Grant Funds("First Amendment') is entered into this 51'-day of_ 3g!2 . ,2021("Effective Date'),by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ( "City' and Homestead Bar and Grill LLC, a limited liability company organized under the laws of the state of Idaho ("Grantee"). WHEREAS,the Parties seek by this First Amendment to modify the Agreement Between City of Meridian and Grantee for Idaho Rebounds—Municipal Small Business Grant Funds("Agreement"); NOW,THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SEMON I.A.AMENDED. Section I.A of the Agreement shall be amended to read as follows: A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed Five thousand dollars ($5,000), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. II. SEMON I.D AMENDED. Section I.D of the Agreement shall be amended to read as follows: D.Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars($15,000.00), within thirty (30)days of receipt of the specified funds by City. III.No ADDMONAL MODIMAT oNs. The Parties agree that except as expressly modified by this First Amendment, all provisions of the original Agreement, including recitals and exhibits thereto, shall remain in full force and effect. No other understanding,whether oral or written, whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise affect the operation of the Agreement or this amendment thereto. IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the Effective Date first above written. GRANTEE: Homestead Bar and Grill LLC Kiebel,Owner CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor 1-26-2021 Chris Johnson, City Clerk 1-26-2021 FIRST AMENDMENT To MSBG AGR EEMENT PAGE t Page 283 Item#12. EXHIBIT A: APPROVED EXPENSES Previously Requeged Eqmnm Eligible Ew mse Amount Rent-July 5971.00 Rent-August 5971,00 Total Eligible Expenses 11,942.40 Approved Amount 10,000.00 Current Request Eiigvble Expense Amount Rent-October 5971.00 Total Eligible Expenses 5,971.00 Approved Amount 5,000.00 FIRST AmENDMEM'TO MSBG AGREEMENT PAGE 2 Page 284 Item#12. AGREEMENT BETWEEN CITY OF MERIDIAN AND KEXC INC. DBA EXPRESS CAFE FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This Agreement is entered into this day of , 2021 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Kexc Inc. Dba Express Cafe, a general business corporation organized under the laws of the state of Idaho ("Grantee"). WHEREAS, having received federal financial assistance, as such term is defined in 2 CFR § 200.40,from the Coronavirus Relief Fund, designated within Title V, section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136, 42 U.S.C. § 601 et seq. (the "CARES Act"),the State of Idaho ("State") created the Idaho Rebounds—Municipal Small Business Grant ("MSBG") program to help local businesses and organizations affected by COVID-19 pandemic, enabling cities and counties to provide aid within their community, including by the provision of economic support to those suffering from employment or business interruptions due to COVID-19-related business closures or limitations;and WHEREAS,pursuant to the State's approval of Meridian's MSBG program on September 11, 2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of expenses incurred due to the COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES Act;Idaho Governor's Executive Order Nos. 2020-07, 2020-08, and 2020-08A; U.S. Treasury's Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments (Dated .Tune 30, 2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and the City's MSBG program guidelines (collectively, "MSBG Rules"); and WHEREAS, Grantee submitted to City a complete application for MSBG funds, including all related materials; and City and Grantee wish to enter into a cooperative agreement for the investment of MSBG funds for the purposes described therein; and WHEREAS, it is acknowledged by the Parties that although the State has approved the Meridian MSBG program and has generally committed the funds as set forth in this Agreement for such purpose, availability of these funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City, and that City's obligation to provide funding to Grantee under this Agreement is provisional, pending the approval and release of such funds to City; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: 1. STATEMENT OF WORK A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed ten thousand eight hundred four dollars and six cents ($10,804.06), for the approved expenses, as set forth In Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement,the MSBG Rules. B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that MSBG GRANTEE AGREEMENT PAGE 1 Page 285 Item#12. rantee meets each of the following criteria: 1. Grantee has 500 or fewer employees. 2. Grantee is a business operating in the City of Meridian, Idaho city limits. 3. Grantee has an official EIN. 4. Grantee is an Idaho-domiciled business. 5. Grantee incurred and paid the expenses for which the MSBG funds are awarded. G. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified business interruption(e.g., local closure orders, need for personal protective equipment, social distancing requirements, increased costs, disrupted supply network, etc.). 7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020 and December 30, 2020. 8. Grantee has not received funds for the expenses for which the MSBG funds are awarded from other COVID-19 grant programs. 9. Grantee does not exist for the purpose of advancing partisan political activities or the business does not directly lobby federal or state officials, defined as having had a registered lobbyist at any point during 2020. 10. Grantee is compliant in all respects with all CDVID-19 related orders, laws, ordinances, and regulations. C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any reason, Grantee no longer qualifies for MSBG funds due to a change in compliance with one or more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources for the expenses described in this Agreement, Grantee shall immediately notify the City's Economic Development Administrator. D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars ($15,000.,00), within thirty(30) days of receipt of the specified funds by City. E. Disclosure and retention of records. Grantee acknowledges and understands that records submitted for the purposes of applying for MSBG funds; compliance with the terms of this Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to disclosure by City and/or State pursuant to such agencies' respective obligations to comply with the Idaho Public Records Act ("IPRA"), and may be posted online by the State of Idaho. Insofar as such records are exempt from disclosure under IPRA or other provision of law, City shall make reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after completion of all activities funded under this Agreement. The name of the business and the amount of grant funds received will be identified on the transparent.idaho.gov website and on the City of Meridian's Economic Development webpage, and may be disclosed upon request in accordance with the Idaho Public Records Act. H. GENERAL CONDITIONS A. Contingent on funding. It is acknowledged by the Parties that although the State has approved the Meridian MSBG program and the State has generally committed the funds as set forth in this Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City. Unless and until MSBG GRANTEE AGREEMENT Page 286 PAGE 2 Item#12. e State approves Grantee's application and releases the funds to City, City shall have no contractual, legal, or equitable obligation to Grantee, whether under this Agreement or by any other legal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, 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 Grantee: City of Meridian Kexc Inc. Dba Express Cafe Attn: Economic Development Administrator ATTN: Kenneth Marler, Owner Operator 33 E. Broadway Avenue 400 E Fairview Ave Meridian, Idaho 83642 Meridian, ID 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. Indemnity. Grantee, and each and all of its employees, agents, contractors,officials, officers, servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all losses, claims, actions, liabilities, and/or judgments for: damages or injury to persons or property and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees; and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement and not caused by or arising out of the tortious conduct of City or any employee, contractor,or agent thereof. Grantee acknowledges that participation in this program carries risks, some of which may be unknown, and does agree to assume all such known or unknown risks. D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§ 200 et. seq. E. Nondiscrimination. Grantee 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. F. Termination. 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 five(5) days to cure 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 Grantee ineligible for any further participation in City grant programming. 1. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days before the effective date of such termination, giving written notice to Grantee 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: a. Failure to comply with any provision of this Agreement, the MSBG Rules, or any rule, MSBG GRANTEE AGREEMENT PAGE 3 Page 287 Item#12. regulation, statute, executive order, or U.S. Treasury, State, or City guideline, policy or directive as may become applicable at any time; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Improper use of funds provided under this Agreement; or d. Submission of receipts, reports,or documents that are incorrect or incomplete in any material respect. 3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, whether under this Agreement or under any Iegal or equitable claim. G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions, Grantee shall, within fourteen(14) days of City's demand, reimburse City for all MSBG funds disbursed. H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior written consent of City. I. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time, notwithstanding delay in enforcement. J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any and all applicable federal, state, and local laws. K. Exhibits. All 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. L. 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. The parties hereto may amend this Agreement at any time provided that such amendments are executed in writing, approved by City's governing body, and signed by a duly authorized representative of each party. 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. GRANTEE: Kexc Inc2a x ess afe Ke eth Marler, Owner Operator CITY: City of Meridian Attest; By: Robert E. Sinuson, Mayor 1-26-2021 Chris Johnson, City Clerk 1-26-2021 MSBG GRANTEE AGR13EMENT Page 288 PAGE 4 Item#12. EXHIBIT A: APPROVED EXPENSES Eligible Expense Amount A€€stream/Integra-June 69.26 Allstream/Integra-July 162.18 Allstream/Integra-August 139.54 Allstream/Integra-September 139.54 Allstream/Integra-October 139.54 Allstream/Integra-November 139.67 Allstream/Integra-December 139.67 Amazon PPE-6/30/2020 15.89 Amazon PPE-11/17/2020 104.10 5ysco 2580.61 Shamrock 2994.57 US Foods 2977.78 Fikes-PPE-9/11/2020 46.00 Fikes-PPE-10/9/2020 46.00 Fikes-PPE-12/2/2020 46.00 Intermountain Gas-July 63.86 Intermountain Gas-August 141.31 Intermountain Gas-September 132.73 Intermountain Gas-October 17108 Intermountain Gas-November 211.42 Intermountain Gas-December 343.32 Total Eligible Expenses 10,804.D6 MSBG GRANTEE AGREEMENT PAGE 5 Page 289 Item#12. AGREEMENT BETWEEN CITY OF MERIDIAN AND MERIDIAN CHAMBER OF COMMERCE FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This Agreement is entered into this & day of , 2021 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Meridian Chamber of Commerce, a nonprofit organization organized under the laws of the state of Idaho ("Grantee"). WHEREAS, having received federal financial assistance, as such term is defined in 2 CFR § 200.40, from the Coronavirus Relief Fund, designated within Title V, section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136, 42 U.S.C. § 601 et seq. (the "CARES Act"), the State of Idaho ("State") created the Idaho Rebounds—Municipal Small Business Grant("MSBG") program to help local businesses and organizations affected by COVID-19 pandemic, enabling cities and counties to provide aid within their community, including by the provision of economic support to those suffering from employment or business interruptions due to COVID-19-related business closures or limitations; and WHEREAS, pursuant to the State's approval of Meridian's MSBG program on September 11, 2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of expenses incurred due to the COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES Act; Idaho Governor's Executive Order Nos. 2020-07, 2020-08, and 2020-08A; U.S. Treasury's Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments (Dated June 30, 2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and the City's MSBG program guidelines (collectively, "MSBG Rules"); and WHEREAS, Grantee submitted to City a complete application for MSBG funds, including all related materials; and City and Grantee wish to enter into a cooperative agreement for the investment of MSBG funds for the purposes described therein; and WHEREAS, it is acknowledged by the Parties that although the State has approved the Meridian MSBG program and has generally committed the funds as set forth in this Agreement for such purpose, availability of these funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City, and that City's obligation to provide funding to Grantee under this Agreement is provisional, pending the approval and release of such funds to City; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. STATEMENT OF WORK A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed four thousand five hundred forty four dollars and four cents ($4,544.04), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that MSBG GRANTEE AGREEMENT PAGE 1 Page 290 f Item#12. Grantee meets each of the following criteria: 1. Grantee has 500 or fewer employees. 2. Grantee is a business operating in the City of Meridian, Idaho city limits. 3. Grantee has an official EIN. 4. Grantee is an Idaho-domiciled business. 5. Grantee incurred and paid the expenses for which the MSBG funds are awarded. 6. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified business interruption(e.g., local closure orders, need for personal protective equipment, social distancing requirements, increased costs, disrupted supply network, etc.). 7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020 and December 30, 2020. 8. Grantee has not received funds for the expenses for which the MSBG funds are awarded from other COVID-19 grant programs. 9. Grantee does not exist for the purpose of advancing partisan political activities or the business does not directly lobby federal or state officials, defined as having had a registered lobbyist at any point during 2020. 10. Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances, and regulations. C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any reason, Grantee no longer qualifies for MSBG funds due to a change in compliance with one or more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources for the expenses described in this Agreement, Grantee shall immediately notify the City's Economic Development Administrator. D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars ($15,000.00), within thirty(30) days of receipt of the specified funds by City. E. Disclosure and retention of records. Grantee acknowledges and understands that records submitted for the purposes of applying for MSBG funds; compliance with the terms of this Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to disclosure by City and/or State pursuant to such agencies' respective obligations to comply with the Idaho Public Records Act ("IPRA"), and may be posted online by the State of Idaho. Insofar as such records are exempt from disclosure under IPRA or other provision of law, City shall make reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after completion of all activities funded under this Agreement. The name of the business and the amount of grant funds received will be identified on the transparent.idaho.gov website and on the City of Meridian's Economic Development webpage, and may be disclosed upon request in accordance with the Idaho Public Records Act. II. GENERAL CONDITIONS A. Contingent on funding. It is acknowledged by the Parties that although the State has approved the Meridian MSBG program and the State has generally committed the fiends as set forth in this Agreement for such purpose, availability of MSBG fiinds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City. Unless and until MSBG GRANTEE AGREEMENT PAGE 2 Page 291 i Item#12. the State approves Grantee's application and releases the funds to City, City shall have no contractual, legal, or equitable obligation to Grantee, whether under this Agreement or by any other legal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, 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 Grantee: City of Meridian Meridian Chamber of Commerce Attn: Economic Development Administrator ATTN: Sean Evans, CEO 33 E. Broadway Avenue PO Box 7 Meridian, Idaho 83642 Meridian, ID 83680 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. Indemnity. Grantee, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all losses, claims, actions, liabilities, and/or judgments for: damages or injury to persons or property and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees; and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement and not caused by or arising out of the tortious conduct of City or any employee, contractor, or agent thereof. Grantee acknowledges that participation in this program carries risks, some of which may be unknown, and does agree to assume all such known or unknown risks. D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§ 200 et. seq. E. Nondiscrimination. Grantee 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. F. Termination. 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 five (5) days to cure 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 Grantee ineligible for any further participation in City grant programming. 1. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days before the effective date of such termination, giving written notice to Grantee 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: a. Failure to comply with any provision of this Agreement, the MSBG Rules, or any rule, MSBG GRANTEE AGREEMENT PAGE 3 Page 292 t I Item#12. regulation, statute, executive order, or U.S. Treasury, State, or City guideline, policy or directive as may become applicable at any time; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Improper use of funds provided under this Agreement; or d. Submission of receipts, reports, or documents that are incorrect or incomplete in any material respect. 3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, whether under this Agreement or under any legal or equitable claim. G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions, Grantee shall, within fourteen(14) days of City's demand, reimburse City for all MSBG funds disbursed. H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior written consent of City. I. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time, notwithstanding delay in enforcement. J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any and all applicable federal, state, and local laws. K. Exhibits. All 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. L. 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. The parties hereto may amend this Agreement at any time provided that such amendments are executed in writing, approved by City's governing body, and signed by a duly authorized representative of each party. 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. GRAN E: Meridi ber of Commerce Sean Evans, CEO CITY: City of Meridian Attest: By: Robert E. Simison, Mayor 1-26-2021 Chris Johnson, City Clerk 1-26-2021 MSBG GRANTEE AGREEMENT PAGE 4 Page 293 Item#12. EXHIBIT A: APPROVED EXPENSES Eligible Expense Amount Video Camera and microphone/Amazon 370.86 Teleprompter/Amazon 92.81 LogMe I n 63.00 Camera Tripod/Amazon 44.51 Lighting Kit/Amazon 148.39 Speakers/Amazon 74.19 HDMI Splitter and Hub/Amazon 23.18 Microphones/Amazon 184.32 Uberconference/10/13/2020 40.00 Uberconference/11/13/2020 40.00 USB connection/Home Depot 85.83 Microphone Adapter and Tripod/Amazon 56.12 Streamyard/11/16/2020 49.00 Adapters/Amazon 24.28 Undeliverable Adapters/Amazon -13.77 Log Me I n/9/26/2020 63.00 St rea mya rd/10/20/2020 49.00 LogMe I n/08/26/2020 63.00 Speakers/Fred Meyer 74.18 Uberconference/09/13/2020 40.00 Strea mya rd/09/16/2020 49.00 LogM e I n/07/26/2020 63.00 USB C Hub and microphone/Amazon 129.30 8" Ring Light/Amazon 39.21 Uberconference/08/13/2020 40.00 St rea mya rd/08/16/2020 49.00 LogM e I n/6/266/2020 63.00 Uberconference/07/13/2020 40.00 Streamyard/07/16/2020 49.00 Intermountain Gas/06/30/2020 3.69 Intermountain Gas/07/30/2020 11.37 Intermountain Gas/08/28/2020 11.91 Intermountain Gas/09/30/2020 11.91 Intermountain Gas/10/28/2020 18.59 Sparklight/July 2020 167.45 Sparklight/August 2020 167.45 Sparklight/September 2020 167.45 Sparklight/October 2020 167.45 Sparklight/November 2020 167.45 Sparklight/December 2020 167.45 Enhanced Telecommunications/July 2020 151.25 Enhanced Telecommunications/Aug.2020 151.25 Enhanced Telecommunications/Sept.2020 151.25 Enhanced Telecommunications/Oct. 2020 151.25 Enhanced Telecommunications/Nov.2020 151.25 Idaho Power/July 2020 65.56 Idaho Power/August 2020 186.68 MSBG GRANTEE AGREEMENT PAGE 5 Page 294 I Item#12. Idaho Power/September 2020 169.46 Idaho Power/October.2020 98.16 Idaho Power/November 2020 112.35 Total Eligible Expenses 4,544.04 MSBG GRANTEE AGREEMENT PAGE 6 Page 295 Item#12. AGREEMENT BETWEEN CITY OF MERIDIAN AND MUSCLE FOODS LLC FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This Agreement is entered into this 26th day of January 2021 by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Muscle Foods LLC, a limited liability company organized under the laws of the State of Idaho ("Grantee"). WHEREAS,having received federal financial assistance, as such term is defined in 2 CFR § 200.40, from the Coronavirus Relief Fund, designated within Title V, section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136, 42 U.S.C. § 601 et seq. (the "CARES Act"), the State of Idaho ("State") created the Idaho Rebounds—Municipal Small Business Grant("MSBG") program to help local businesses and organizations affected by COVID-19 pandemic, enabling cities and counties to provide aid within their community, including by the provision of economic support to those suffering from employment or business interruptions due to COVID-19-related business closures or limitations; and WHEREAS,pursuant to the State's approval of Meridian's MSBG program on September 11, 2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of expenses incurred due to the COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES Act; Idaho Governor's Executive Order Nos. 2020-07, 2020-08, and 2020-08A; U.S. Treasury's Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments (Dated June 30, 2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and the City's MSBG program guidelines (collectively, "MSBG Rules"); and WHEREAS, Grantee submitted to City a complete application for MSBG funds, including all related materials; and City and Grantee wish to enter into a cooperative agreement for the investment of MSBG funds for the purposes described therein; and WHEREAS, it is acknowledged by the Parties that although the State has approved the Meridian MSBG program and has generally committed the funds as set forth in this Agreement for such purpose, availability of these funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City, and that City's obligation to provide funding to Grantee under this Agreement is provisional, pending the approval and release of such funds to City; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. STATEMENT OF WORK A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed One Thousand, Four Hundred, Fifty Dollars ($1,450.00), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that Grantee meets each of the following criteria: MSBG GRANTEE AGREEMENT PAGE 1 page 296 Item#12. 1. Grantee has 500 or fewer employees. 2. Grantee is a business operating in the City of Meridian, Idaho city limits. 3. Grantee has an official EIN. 4. Grantee is an Idaho-domiciled business. 5. Grantee incurred and paid the expenses for which the MSBG funds are awarded. 6. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified business interruption(e.g., local closure orders, need for personal protective equipment, social distancing requirements, increased costs, disrupted supply network, etc.). 7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020 and December 30, 2020. 8. Grantee has not received funds for the expenses for which the MSBG funds are awarded from other COVID-19 grant programs. 9. Grantee does not exist for the purpose of advancing partisan political activities or the business does not directly lobby federal or state officials, defined as having had a registered lobbyist at any point during 2020. 10. Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances, and regulations. C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any reason, Grantee no longer qualifies for MSBG funds due to a change in compliance with one or more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources for the expenses described in this Agreement, Grantee shall immediately notify the City's Economic Development Administrator. D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A,up to fifteen thousand dollars ($15,000.00), within thirty(30) days of receipt of the specified funds by City. E. Disclosure and retention of records. Grantee acknowledges and understands that records submitted for the purposes of applying for MSBG funds; compliance with the terms of this Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to disclosure by City and/or State pursuant to such agencies' respective obligations to comply with the Idaho Public Records Act("IPRA"), and may be posted online by the State of Idaho. Insofar as such records are exempt from disclosure under IPRA or other provision of law, City shall make reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after completion of all activities funded under this Agreement. The name of the business and the amount of grant funds received will be identified on the transparent.idaho.gov website and on the City of Meridian's Economic Development webpage, and may be disclosed upon request in accordance with the Idaho Public Records Act. II. GENERAL CONDITIONS A. Contingent on funding. It is acknowledged by the Parties that although the State has approved the Meridian MSBG program and the State has generally committed the funds as set forth in this Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City. Unless and until the State approves Grantee's application and releases the funds to City, City shall have no contractual, legal, or equitable obligation to Grantee, whether under this Agreement or by any other MSBG GRANTEE AGREEMENT PAGE 2 page 297 Item#12. legal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, 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 Grantee: City of Meridian Muscle Foods LLC Attn: Economic Development Administrator Attn: Jackline Melesio, Owner/Manager 33 E. Broadway Avenue 1785 E. Cave Falls Street Meridian, Idaho 83642 Kuna, ID 83634 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. Indemnity. Grantee, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all losses, claims, actions, liabilities, and/or judgments for: damages or injury to persons or property and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees; and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement and not caused by or arising out of the tortious conduct of City or any employee, contractor, or agent thereof. Grantee acknowledges that participation in this program carries risks, some of which may be unknown, and does agree to assume all such known or unknown risks. D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§ 200 et. seq. E. Nondiscrimination. Grantee 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. F. Termination. 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 five (5) days to cure 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 Grantee ineligible for any further participation in City grant programming. 1. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days before the effective date of such termination, giving written notice to Grantee 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: a. Failure to comply with any provision of this Agreement, the MSBG Rules, or any rule, regulation, statute, executive order, or U.S. Treasury, State, or City guideline,policy or MSBG GRANTEE AGREEMENT PAGE 3 page 298 directive as may become applicable at any time; ttem#12. b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Improper use of funds provided under this Agreement;or d. Submission of receipts, reports, or documents that are incorrect or incomplete in any material respect. 3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City,this Agreement shall be void, and City shall have no obligation to Grantee, whether under this Agreement or under any legal or equitable claim. G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions, Grantee shall, within fourteen(14)days of City's demand,reimburse City for all MSBG funds disbursed. H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior written consent of City_ I. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time, notwithstanding delay in enforcement. J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any and all applicable federal., state, and local laws. K. Exhibits. All 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. L. 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. The parties hereto may amend this Agreement at any time provided that such amendments are executed in writing, approved by City's governing body, and signed by a duly authorized representative of each party. IN WITNESS WHEREOF,the panties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. GRANTEE: Muscle Foods LL Jac el4o, er/Manager CITY: City of Meridian Attest: By: Robert E. Simison, Mayor 1-26-2021 Chris Johnson, City Clerk 1-26-2021 MSBG GRaNnE AGREEMENT PAG Page 299 Item#12. EXHIBIT A: APPROVED EXPENSES Eligible Expense Amaunt Eligible June Use Rent 88.00 July Advance Rent 135.00 July Use Rent 60.00 Aug u st Adva n ce Rent 135.00 August Use Rent 197.00 September Advance Rent 135.00 September Use Rent 98.00 October Advance Rent 135.00 October Use Rent 49_00 NovemberAdvance Rent 135.00 November Use Rent 148.00 December Advance Rent 135.00 Total Eligible Expenses 1,450.00 GRANT AWARD $1,450.00 MSBG GRANTEE AGREEMENT PAGE 5 page 300 Item#12. AGREEMENT BETWEEN CITY OF MERIDIAN AND PACTT INC. FOR IDAHO REBOUNDS —MUNICIPAL SMALL BUSINESS GRANT FUNDS This Agreement is entered into this 3T day of Q, 2021 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and PACTT Inc., a general business company organized under the laws of the state of Idaho ("Grantee"). WHEREAS, having received federal financial assistance, as such term is defined in 2 CFR § 200.40, from the Coronavirus Relief Fund, designated within Title V, section 5001 of the Coronavirus Aid,Relief, and Economic Security Act, P.L. 116-136,42 U.S.C. § 601 et seq. (the "CARES Act"),the State of Idaho ("State") created the Idaho Rebounds—Municipal Small Business Grant ("MSBG") program to help local businesses and organizations affected by COVID-19 pandemic, enabling cities and counties to provide aid within their community, including by the provision of economic support to those suffering from employment or business interruptions due to COVID-19-related business closures or limitations; and WHEREAS, pursuant to the State's approval of Meridian's MSBG program on September 11, 2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of expenses incurred due to the COVID-19 pandemic,as set forth in Title V, section 5001 of the CARES Act; Idaho Governor's Executive Order Nos. 2020-07, 2020-08, and 2020-08A; U.S. Treasury's Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments(Dated June 30, 2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and the City's MSBG program guidelines(collectively, "MSBG Rules"); and WHEREAS, Grantee submitted to City a complete application for MSBG funds, including all related materials; and City and Grantee wish to enter into a cooperative agreement for the investment of MSBG funds for the purposes described therein; and WHEREAS, it is acknowledged by the Parties that although the State has approved the Meridian MSBG program and has generally committed the funds as set forth in this Agreement for such purpose,availability of these funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City, and that City's obligation to provide funding to Grantee under this Agreement is provisional, pending the approval and release of such funds to City; NOW,THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: 1. STATEMENT OF WORK A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed fifteen thousand dollars ($15,000), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that Grantee meets each of the following criteria: 1. Grantee has 500 or fewer employees. 2. Grantee is a business operating in the City of Meridian, Idaho city limits. MSBG GRANTEE AGREEMENT PAGE 1 Page 301 Item#12. 3. Grantee has an official EIN. 4. Grantee is an Idaho-domiciled business. S. Grantee incurred and paid the expenses for which the MSBG funds are awarded. 6. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified business interruption(e.g.,local closure orders, need for personal protective equipment, social distancing requirements, increased costs, disrupted supply network, etc.). 7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020 and December 30, 2020. 8. Grantee has not received funds for the expenses for which the MSBG funds are awarded frown other COVID-19 grant programs. 9. Grantee does not exist for the purpose of advancing partisan political activities or the business does not directly lobby federal or state officials, defined as having had a registered lobbyist at any point during 2020. 10.Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances, and regulations. C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any reason, Grantee no longer qualifies for MSBG funds due to a change in compliance with one or more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources for the expenses described in this Agreement, Grantee shall immediately notify the City's Economic Development Administrator. D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars ($15,000.00), within thirty(30) days of receipt of the specified funds by City. E. Disclosure and retention of records. Grantee acknowledges and understands that records submitted for the purposes of applying for MSBG funds;compliance with the terms of this Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to disclosure by City and/or State pursuant to such agencies' respective obligations to comply with the Idaho Public Records Act("IPRA"), and may be posted online by the State of Idaho. Insofar as such records are exempt from disclosure under IPRA or other provision of law, City shall make reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five(5)years after completion of all activities funded under this Agreement. The name of the business and the amount of grant funds received will be identified on the transparent.idaho.gov website and on the City of Meridian's Economic Development webpage, and may be disclosed upon request in accordance with the Idaho Public Records Act. It. GENERAL CONDITIONS A. Contingent on funding. It is acknowledged by the Parties that although the State has approved the Meridian MSBG program and the State has generally committed the funds as set forth in this Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City. Unless and until the State approves Grantee's application and releases the funds to City, City shall have no contractual, legal, or equitable obligation to Grantee, whether under this Agreement or by any other legal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement MSBG GRANTEE AGREEMENT PAGE 2 Page 302 Item#12. are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee,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 Grantee: City of Meridian PACTT Inc. Attn: Economic Development Administrator ATTN: Clint Welch 33 E. Broadway Avenue 11320 W.Water Birch St. Meridian, Idaho 83642 Star, ID 83669 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. Indemnity. Grantee, and each and all of its employees, agents, contractors,officials, officers, servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all losses, claims, actions, liabilities, and/or judgments for: damages or injury to persons or property and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees; and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement and not caused by or arising out of the tortious conduct of City or any employee, contractor,or agent thereof. Grantee acknowledges that participation in this program carries risks, some of which may be unknown, and does agree to assume all such known or unknown risks. D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§ 200 et. seq. E. Nondiscrimination. Grantee 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. F. Termination. 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 five(5) days to cure 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 Grantee ineligible for any further participation in City grant programming. 1. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days before the effective date of such termination, giving written notice to Grantee 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: a. Failure to comply with any provision of this Agreement,the MSBG Rules, or any rule, regulation, statute, executive order,or U.S. Treasury, State,or City guideline,policy or directive as may become applicable at any time; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; MSBG GRANTEE AGREEMENT PAGE 3 Page 303 Item#12. c. Improper use of funds provided under this Agreement;or d. Submission of receipts, reports,or documents that are incorrect or incomplete in any material respect. 3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, whether under this Agreement or under any legal or equitable claim. G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions, Grantee shall, within fourteen(14) days of City's demand, reimburse City for all MSBG funds disbursed. H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior written consent of City. I. Nan-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, notwithstanding delay in enforcement. J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any and all applicable federal, state, and local laws. K. Exhibits. All 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. L. 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. The parties hereto may amend this Agreement at any time provided that such amendments are executed in writing, approved by City's governing body, and signed by a duly authorized representative of each party. 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. GRANTEE: PACTT Inc. 2jzt�rj-j� &_�, Cmt ech CITY: City of Meridian Attest: By: Robert E. Simison, Mayor 1-26-2021 Chris Johnson, City Clerk 1-26-2021 MSBG GRANTEE AGREEMENT PA(iE 4 Page 304 Item#12. EXHIBIT A: APPROVED EXPENSES Eligible Expense Amount Rent-August 3704.00 Rent-September 3704.00 Rent ❑ctober 4275.00 Rent-November 4275.60 Rent-December 3704.00 Total Eligible Expenses 19,662.60 Approved Amount 15,000.00 MSBG GRANTEE AGREEMENT PAGE 5 Page 305 Item#12. AGREEMENT BETWEEN CITY OF MERIDIAN AND PIVOT OPERATIONS, LLC FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This Agreement is entered into this 26th day of January 2021 by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Pivot Operations, LLC, a limited liability company, organized under the laws of the State of Idaho ("Grantee"). WHEREAS,having received federal financial assistance, as such term is defined in 2 CFR § 200.40, from the Coronavirus Relief Fund, designated within Title V, section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136, 42 U.S.C. § 601 et seq. (the "CARES Act"), the State of Idaho ("State") created the Idaho Rebounds—Municipal Small Business Grant("MSBG") program to help local businesses and organizations affected by COVID-19 pandemic, enabling cities and counties to provide aid within their community, including by the provision of economic support to those suffering from employment or business interruptions due to COVID-19-related business closures or limitations; and WHEREAS,pursuant to the State's approval of Meridian's MSBG program on September 11, 2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of expenses incurred due to the COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES Act; Idaho Governor's Executive Order Nos. 2020-07, 2020-08, and 2020-08A; U.S. Treasury's Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments (Dated June 30, 2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and the City's MSBG program guidelines (collectively, "MSBG Rules"); and WHEREAS, Grantee submitted to City a complete application for MSBG funds, including all related materials; and City and Grantee wish to enter into a cooperative agreement for the investment of MSBG funds for the purposes described therein; and WHEREAS, it is acknowledged by the Parties that although the State has approved the Meridian MSBG program and has generally committed the funds as set forth in this Agreement for such purpose, availability of these funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City, and that City's obligation to provide funding to Grantee under this Agreement is provisional, pending the approval and release of such funds to City; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. STATEMENT OF WORK A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed Fifteen Thousand Dollars ($15,000.00), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that Grantee meets each of the following criteria: 1. Grantee has 500 or fewer employees. MSBG GRANTEE AGREEMENT PAGE 1 page 306 Item#12. 2. Grantee is a business operating in the City of Meridian, Idaho city limits. 3. Grantee has an official EIN. 4. Grantee is an Idaho-domiciled business. 5. Grantee incurred and paid the expenses for which the MSBG funds are awarded. 6. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified business interruption(e.g., local closure orders, need for personal protective equipment, social distancing requirements, increased costs, disrupted supply network, etc.). 7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020 and December 30, 2020. 8. Grantee has not received funds for the expenses for which the MSBG funds are awarded from other COVID-19 grant programs. 9. Grantee does not exist for the purpose of advancing partisan political activities or the business does not directly lobby federal or state officials, defined as having had a registered lobbyist at any point during 2020. 10. Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances, and regulations. C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any reason, Grantee no longer qualifies for MSBG funds due to a change in compliance with one or more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources for the expenses described in this Agreement, Grantee shall immediately notify the City's Economic Development Administrator. D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A,up to fifteen thousand dollars ($15,000.00), within thirty(30) days of receipt of the specified funds by City. E. Disclosure and retention of records. Grantee acknowledges and understands that records submitted for the purposes of applying for MSBG funds; compliance with the terms of this Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to disclosure by City and/or State pursuant to such agencies' respective obligations to comply with the Idaho Public Records Act("IPRA"), and may be posted online by the State of Idaho. Insofar as such records are exempt from disclosure under IPRA or other provision of law, City shall make reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after completion of all activities funded under this Agreement. The name of the business and the amount of grant funds received will be identified on the transparent.idaho.gov website and on the City of Meridian's Economic Development webpage, and may be disclosed upon request in accordance with the Idaho Public Records Act. II. GENERAL CONDITIONS A. Contingent on funding. It is acknowledged by the Parties that although the State has approved the Meridian MSBG program and the State has generally committed the funds as set forth in this Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City. Unless and until the State approves Grantee's application and releases the funds to City, City shall have no contractual, legal, or equitable obligation to Grantee, whether under this Agreement or by any other legal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement MSBG GRANTEE AGREEMENT PAGE 2 page 307 Item#12. are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, 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 Grantee: City of Meridian Pivot Operations, LLC Attn: Economic Development Administrator Attn: Kristin Savola, Owner 33 E. Broadway Avenue 455 E. Cave Court Meridian, Idaho 83642 Boise, ID 83702 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. Indemnity. Grantee, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all losses, claims, actions, liabilities, and/or judgments for: damages or injury to persons or property and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees; and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement and not caused by or arising out of the tortious conduct of City or any employee, contractor, or agent thereof. Grantee acknowledges that participation in this program carries risks, some of which may be unknown, and does agree to assume all such known or unknown risks. D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§ 200 et. seq. E. Nondiscrimination. Grantee 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. F. Termination. 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 five (5) days to cure 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 Grantee ineligible for any further participation in City grant programming. 1. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days before the effective date of such termination, giving written notice to Grantee 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: a. Failure to comply with any provision of this Agreement, the MSBG Rules, or any rule, regulation, statute, executive order, or U.S. Treasury, State, or City guideline,policy or directive as may become applicable at any time; MSBG GRANTEE AGREEMENT PAGE 3 page 308 Item#12. b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Improper use of funds provided under this Agreement; or d. Submission of receipts, reports, or documents that are incorrect or incomplete in any material respect. 3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, whether under this Agreement or under any legal or equitable claim. G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions, Grantee shall, within fourteen(14) days of City's demand, reimburse City for all MSBG funds disbursed. H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior written consent of City. I. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time, notwithstanding delay in enforcement. J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any and all applicable federal, state, and local laws. K. Exhibits. All 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. L. 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. The parties hereto may amend this Agreement at any time provided that such amendments are executed in writing, approved by City's governing body, and signed by a duly authorized representative of each party. 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. GRANTEE: Pivot Operations, LLC Ryan Cleverley, Governor/Manager CITY: City of Meridian Attest: By: Robert E. Simison, Mayor 1-26-2021 Chris Johnson, City Clerk 1-26-2021 MSBG GRANTEE AGREEMENT PAGE 4 page 309 Item#12. EXHIBIT A: APPROVED EXPENSES Eligible Expense Amount Rent- September 29,906.63 TcFtal Eligible Expenses 29,906.63 GRANT AWARD 5IL5,000.00 MSBG GRANTEE AGREEMENT PAGE 5 page 310 Item#12. AGREEMENT BETWEEN CITY OF MERIDIAN AND RITCHIE AGENCY LLC FOR IDAHO REBOUNDS —MUNICIPAL SMALL BUSINESS GRANT FUNDS This Agreement is a tered into this day of , 2021 by and between the City of Meridian, a municipal corporation organized under the laws oft the state of Idaho ("City") and Ritchie Agency LLC, a lime ed liability company organized under the laws of the state of Idaho ("Grantee"). WHEREAS, havin received federal financial assistance, as such term is defined in 2 CFR § 200.40, from the Coronavi s Relief Fund, designated within Title V, section 500I of the Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136, 42 U.S.C. § 601 et seq. (the "CARES Act"), the State of Idaho ("State") creted the Idaho Rebounds —Municipal Small Business Grant ("MSBG") program to help local busin sses and organizations affected by COVID-19 pandemic, enabling cities and counties to provide aid within their community, including by the provision of economic support to those suffering from emplo ent or business interruptions due to COVID-19-related business closures or limitations; and 7 WHEREAS, pursuant to the State's approval of Meridian's MSBG program on September 11, 2020, City seeks to disburs MSBG funds to Meridian small businesses for the reimbursement of expenses incurred due to th COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES Act; Idaho Governor's Exe utive Order Nos. 2020-07, 2020-08, and 2020-08A; U.S. Treasury's Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments(Dated June 30, 2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and the City's MSBG program uidelines (collectively, "MSBG Rules"); and WHEREAS, Grange submitted to City a complete application for MSBG funds, including all related materials; and City I nd Grantee wish to enter into a cooperative agreement for the investment of MSBG funds for the pu oses described therein; and WHEREAS, it is a knowledged by the Parties that although the State has approved the Meridian MSBG program,nd has generally committed the funds as set forth in this Agreement for such purpose, availability�f these funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City, and that City's obligation to provide funding to Grantee under this Agreement is provisional, pending the approval and release of such funds to City; NOW, THEREF RE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. STATEMENT OF W RK A. Activities. Grantee sh it use City's MSBG funds in an amount not to exceed twelve thousand three hundred thirteen ollars and ninety eight cents ($12,313.98), for the approved expenses, as set forth in Exhibit A. Gr ntee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, t e MSBG Rules. B. Current eligibility. Gantee certifies that Grantee is eligible to receive MSBG funds, and that MSBG GRANTEE AGREEMENT PAGI'. 1 Page 311 Item#12. Grantee meets each of the following criteria: 1. Grantee has 500 or fewer employees. 2. Grantee is a business operating in the City of Meridian, Idaho city limits. 3. Grantee has an official E1N. 4. Grantee is an Idaho-domiciled business. 5. Grantee incurred and paid the expenses for which the MSBG funds are awarded. 6. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified business interruption (e.g., local closure orders, need for personal protective equipment, social distancing requirements, increased costs, disrupted supply network, etc.). 7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020 and December 30, 2020. 8. Grantee has not received funds for the expenses for which the MSBG funds are awarded from other COVID-19 grant programs. 9. Grantee does not exist for the purpose of advancing partisan political activities or the business does not directly lobby federal or state officials, defined as having had a registered lobbyist at any point during 2020. 10. Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances, and regulations. C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any reason, Grantee no longer qualifies for MSBG funds due to a change in compliance with one or more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources for the expenses described in this Agreement, Grantee shall immediately notify the City's Economic Development Administrator. D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars ($15,000.00), within thirty(30) days of receipt of the specified funds by City. E. Disclosure and retention of records. Grantee acknowledges and understands that records submitted for the purposes of applying for MSBG funds; compliance with the terms of this Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to disclosure by City and/or State pursuant to such agencies' respective obligations to comply with the Idaho Public Records Act ("IPRA"), and may be posted online by the State of Idaho. Insofar as such records are exempt from disclosure under IPRA or other provision of law, City shall make reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after completion of all activities funded under this Agreement. The name of the business and the amount of grant funds received will be identified on the transparent.idaho.gov website and on the City of Meridian's Economic Development webpage, and may be disclosed upon request in accordance with the Idaho Public Records Act. H. GENERAL CONDITIONS A. Contingent on funding. It is acknowledged by the Parties that although the State has approved the Meridian MSBG program and the State has generally committed the funds as set forth in this Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City. Unless and until MSBG GRANTEE AGREEMENT PAGE 2 Page 312 Item#12. the State approves Grantee's application and releases the funds to City, City shall have no contractual, legal, or equt ble obligation to Grantee, whether under this Agreement or by any other legal or equitable claim. the event that MSBG funds for the purposes set forth in this Agreement are not made available t 1 City, this Agreement shall be void, and City shall have no obligation to Grantee, whether under is Agreement or under any legal or equitable claim. B. Notices. All notices regfiired 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 Grantee: City of Meridian Ritchie Agency LLC Attn: Economic Devel pment Administrator ATTN: Bruce Ritchie 33 E. Broadway Aven a 3120 W Belltower Dr. Ste. 175 Meridian, Idaho 83642 a Meridian, ID 83646 Either party may chang its authorized representative and/or address for the purpose of this paragraph by giving wri ten notice of such change to the other party in the manner herein provided. C. Indemnity. Grantee, d each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or nvitees shall hold harmless, defend and indemnify City from and for all losses, claims, actions, 1 abilities, and/or judgments for: damages or injury to persons or property and/or losses and expen es caused or incurred by Grantee and/or its employees, agents, contractors, officials, officers, serva ts, guests, and/or invitees; and other costs, including litigation costs and attorneys' fees, arising ut of, resulting from, or in connection with the performance of this Agreement and not cau ed by or arising out of the tortious conduct of City or any employee, contractor, or agent the eof. Grantee acknowledges that participation in this program carries risks, some of which may be nknown, and does agree to assume all such known or unknown risks. D. Uniform compliance r quirements. Grantee shall comply with applicable uniform administrative requirements, cost prin iples, and audit requirements for federal awards, as described in 2 CFR §§ 200 et. seq. E. Nondiscrimination. Grantee will not discriminate against any employee or applicant for employment or service because of race, color, creed, religion, ancestry, national origin, sex, disability or other hand cap, age, marital status or status with regard to public assistance. F. Termination. Either arty may terminate this Agreement for cause by providing written notice to the other of the basis o termination. The defaulting Party shall have five(5) days to cure the deficiency or non-com Hance. If the deficiency or non-compliance is not cured within this time period, the other Party hall terminate this Agreement for cause. In addition to termination of this Agreement and/or any ther remedies as provided by law, City may declare Grantee ineligible for any further participatio in City grant programming. 1. Termination for c nvenience. City may terminate this Agreement by, at least thirty(30) days before the effectiv date of such termination, giving written notice to Grantee of such termination and sp cifying the effective date thereof. 2. Termination for use. Termination of this Agreement, in whole or in part, may occur for cause, which shall include, but shall not be limited to, the following: a. Failure to com, ly with any provision of this Agreement, the MSBG Rules, or any rule, MSBG GRANTEE AGREEMENT PAGE 3 Page 313 Item#12. regulation, statute, executive order, or U.S. Treasury, State, or City guideline, policy or directive as may become applicable at any time; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Improper use of funds provided under this Agreement; or d. Submission of receipts, reports, or documents that are incorrect or incomplete in any material respect. 3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, whether under this Agreement or under any legal or equitable claim. G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions, Grantee shall, within fourteen(14) days ofCity's demand, reimburse City for all MSBG funds disbursed. H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior written consent of City. I. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time, notwithstanding delay in enforcement. J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any and all applicable federal, state, and local laws. K. Exhibits. All 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. L. 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. The parties hereto may amend this Agreement at any time provided that such amendments are executed in writing, approved by City's governing body, and signed by a duly authorized representative of each party. 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. GRANTEE: Ritchie Agency LLC Bruce Ritchie CITY: City of Meridian Attest: By: Robert E. Simison, Mayor 1-26-2021 Chris Johnson, City Clerk 1-26-2021 MSBG GRANTEE AGREEMENT PAGE 4 page 314 Item#12. EXHIBIT A: APPROVED EXPENSES Eligible Expense Amount Rent-JuWAug/Sept/Oct/Nov/Dec 11,777.10 utility-Sparklight 536.88 Total Eligible Expenses 12,313.98 Approved Amount 12,313.98 MSBG GRANTEE AGREEMENT PAGE 5 Page 315 Item#12. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF MERIDIAN AND TREASURE VALLEY FOOT AND ANKLE, PLLC FOR IDAHO REBOUNDS--MUNICIPAL SMALL BUSINESS GRANT FUNDS This First Amendment to Agreement Between City of Meridian and Treasure Valley Foot and Ankle, PLLC for Idaho Rebounds--Municipal Small Business Grant Funds("First Amendment") is entered into this 26th day of January ,2020("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho("City")and Treasure Valley Foot and Ankle,PLLC,a professional limited liability company organized under the laws of the State of Idaho("Grantee"). WHEREAS,the Parties seek by this First Amendment to modify the Agreement Between City of Meridian and Grantee for Idaho Rebounds---Municipal Small Business Grant Funds ("Agreement"); NOW,THEREFORE,in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SECTION I.A.AMENDED. Section I.A of the Agreement shall be amended to read as follows: A.Activities. Grantee shall use City's MSBG funds in an amount not to exceed Five Thousand Dollars($5,000.00), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement,the MSBG Rules. II. SECTION I.D AMENDED. Section I.D of the Agreement shall be amended to read as follows: D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses,as set forth in Exhibit A,up to fifteen thousand dollars ($15,000.00),within thirty (30)days of receipt of the specified funds by City. III.No ADDITIONAL.MODIFICATIONS. The Parties agree that except as expressly modified by this First Amendment,all provisions of the original Agreement, including recitals and exhibits thereto,shall remain in full force and effect. No other understanding, whether oral or written,whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise affect the operation of the Agreement or this amendment thereto. IN WITNESS WHEREOF,the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the Effective Date first above written. GRANTEE: Treasure le F re,PLLC Clark Johnson, ner/Member CITY OF ME IAN: BY. Attest: Robert E. Simison, Mayor 1-26-2021 Chris Johnson,City Clerk 1-26-2021 FIRST AMENDMENT TO MSBG AGREEMENT PAGE l I Page 316 Item#12. EXHIBIT A: APPROVED EXPENSES Previously Approved Expenses Eligible Expense Amount July Rent 2000.00 August Rent 3178.91 September Rent 3178.91 October Rent 3178.91 Total Eligible Expenses 11,636.73 G RANT AWARD $10,000.00 Current Request Eligible Expense Amount November Rent 3178.91 December Rent 3271.22 Total Eligible Expenses 6,450.13 GRANT AWARD#2 $5,000.00 Page 317 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 2 Item#12. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF MERIDIAN AND VERTICAL VIEW LLC FOR IDAHO REBOUNDS--MUNICIPAL SMALL BUSINESS GRANT FUNDS This First Amendment to Agreement Between City of Meridian and Vertical View LLC for Idaho Rebounds--Municipal Small Business Grant Funds("First Amendment")is entered into this 26th day of January ,2021 ("Effective Date),by and between the City of Meridian,a municipal corporation organized under the laws of the State of Idaho("City)and Vertical View LLC,a limited liability company organized under the laws of the state of Idaho ("Grantee"). WHEREAS,the Parties seek by this First Amendment to modify the Agreement Between City of Meridian and Grantee for Idaho Rebounds—Municipal Small Business Grant Funds("Agreement"); NOW,THEREFORE,in consideration of the mutual covenants of the parties,the Parties agree as follows: I. SECTION I.A.AMENDED. Section I.A of the Agreement shall be amended to read as follows: A.Activities. Grantee shall use City's MSBG funds in an amount not to exceed hour Thousand,Four Hundred,Ninety-seven Dollars and Eight Cents ($4,497.08),the approved expenses,as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement,the MSBG Rules. II. SECTION I.D AmENDED. Section I.D of the Agreement shall be amended to read as follows: D.Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses,as set forth in Exhibit A,up to fifteen thousand dollars($15,000.00),within thirty (30)days of receipt of the specified funds by City. III.No ADDITIONAL MODIFICATioNs. The Parties agree that except as expressly modified by this First Amendment,all provisions of the original Agreement,including recitals and exhibits thereto, shall remain in full force and effect. No other understanding,whether oral or written,whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge,limit or otherwise affect the operation of the Agreement or this amendment thereto. IN WITNESS WHEREOF,the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the Effective Date first above written. GRANTEE: Vertic xew LLC Tyson G y, Owner/Manajer CITY OF MERIDIAN: BY: Attest: Robert E. Simison,Mayor 1-26-2021 Chris Johnson,City Clerk 1-26-2021 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 1 Page 318 Item#12. EXHIBIT A: APPROVED EXPENSES Previously Approved Eligible Expense Amount Hand Sanitizer-Amazon 111.24 Masks-Costco 60.84 Masks-Amazon 189.00 Intermountain Gas-Jul 47.34 25.06 Intermountain Gas- A"gust 28.29 Intermountain Gas- September 28.29 C entu ryL ink-July 22 3.71 CeuturyLink-August 220.90 CenturyLink-September 221.61 Idaho Power-July 1702-61 Idaho Power-August 1984.06 Idaho Power-September 1572.97 Total FJi ible Expenses 6.358.38 G RANT AWARD $6,35 8.38 Current Request Eligible Expense Amount Masks.Cleaning Supplies -Costco 225.71 Intermountain Gas- October 159.71 Intermountain Gas- November 271.80 CenttlryL-ink-October 226.4E CenturyLink-November 224.51 Idaho Power-October 1085.87 Idaho Power-November 1006,41 Idaho Power-December 1296.61 Total ©igible Expenses 4.497.08 GRANT AWARD#2 $4,497.08 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 2 Page 319 Item#13. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of Four Grantee Agreements for the Meridian Small Business Grant Program Page 320 Item#13. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Tori Cleary, Community Development Meeting Date: January 26, 2021 Presenter: Tori Cleary Estimated Time: 0.0 Topic: Approval of Grantee Agreements for the Meridian Small Business Grant Program Recommended Council Action: Approve four Grantee Agreements for the Meridian Small Business Grant Program. The following Grantees have been approved through the City's Municipal Small Business Grant Program made possible through Coronavirus Aid, Relief, and Economic Security Act (CARES) Act funding. The Grantees, grant amounts, and grant purposes are listed below: Amount Grantee Approved PPE Testing Inventory Equipment Rent Utilities Alma Sports LLC $8,229.80 X X X E.James Paris School of Music $168.00 X La Creme LLC $15,000.00 X Yost Construction LLC 1 $7,171.741 1 X Background: This is the eighth group of Agreements for approval under the Meridian Small Business Grant Program, created through the City Council designation of$1 million of the City's CARES Act funding allocation. Following staff review of applications and confirmation of business/organization eligibility and documentation of qualifying business expenses,grant applications are sent to a Review Committee comprised of the Chief of Staff, Finance Director, and a representative from the Chamber of Commerce Economic Development Committee.Applications are then sent to the State Coronavirus Financial Advisory Committee for approval and funding. With more than $1.2 million in requests in the application queue, the Program officially closed on December 30. There are 15 applicants on a waiting list should some of the applications in the queue not fund at the full amounts requested.As of January 19, 2021, the City is awaiting State approval of 25 applications. The State has approved and funded 87 applications, totaling $659,747.19 in grant awards. Page 321 Item#13. FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF MERIDIAN AND ALMA SPORTS LLC FOR IDAHO REBOUNDS—MUNICIPAL SMALL BUSINESS GRANT FUNDS This First Amendment to Agreement Between City of Meridian and Alma Sports LLC for Idaho Rebounds—Municipal Small Business Grant Funds ("First Amendment") is entered into this 26th day of January , 2021 ("Effective Date"),by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ( "City") and Alma Sports LLC, a limited liability company organized under the laws of the state of Idaho ("Grantee"). WHEREAS,the Parties seek by this First Amendment to modify the Agreement Between City of Meridian and Grantee for Idaho Rebounds—Municipal Small Business Grant Funds ("Agreement"); NOW, THEREFORE, in consideration of the mutual covenants of the parties,the Parties agree as follows: I. SECTION I.A.AMENDED. Section I.A of the Agreement shall be amended to read as follows: A.Activities. Grantee shall use City's MSBG funds in an amount not to exceed Eight Thousand, Two Hundred, Twenty-nine Dollars and Eighty Cents ($8,229.80), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement,the MSBG Rules. U. SECTION I.D AMENDED. Section I.D of the Agreement shall be amended to read as follows: D.Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A,up to fifteen thousand dollars ($15,000.00),within thirty (30) days of receipt of the specified funds by City. III.NO ADDITIONAL MODIFICATIONS. The Parties agree that except as expressly modified by this First Amendment, all provisions of the original Agreement, including recitals and exhibits thereto, shall remain in full force and effect. No other understanding, whether oral or written,whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise affect the operation of the Agreement or this amendment thereto. IN WITNESS WHEREOF,the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the Effective Date first above written. GRANTEE: Alma Sports LLC Mark Phillips, e /Manager CITY OF MERID . By: Attest: Robert E. Simison, Mayor 1-26-2021 Chris Johnson, City Clerk 1-26-2021 Page 322 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 1 Item#13. EXHIBIT A: APPROVED EXPENSES Previously Approved Expenses Eligible Expense Amount June Rent-$900 Partial Payment,Prorated 329.94 July Rent-Partial Payment 937.00 August Rent-Partial Payment 600.00 September Rent-Partial Payment 837.00 October Rent-Partial Payment 987.00 November Rent 1037,00' Member Entry System 1200.00 Member Entry System 35.00 Idaho Power-July(84.84)Prorated 14.63 Idaho Power-August 103.54 Idaho Power-September 117.92 Idaho Power-October 84.48 Idaho Power-November 76.49 Sparklight-June(74.66)Prorated 27.37 Sparklight-July 77,33 Sparklight August 76.00 Sparklight-September 79.00 Sparklight-October 75.11' Sparklight-November 75.39 Total Eligible Expenses 6,770.20 GRANT AWARD $6,770.20 Current Request Eligible Expense Amount July Rent-Remaining Due 900.00 August Rent-Remaining Due 1237.00 September Rent-Remaining Due 1000.00 October Rent-Remaining Due 850.00 November tent-Remaining Due 800.00 December Rent 1837.00 Idaho Power-December 81.59 Idaho Power-January(Due Date) 84.03 Sparklight-December 74.98 Camera to Record Classes 529.99 Memory Card 42.39 Computer to Stream/Edit Recorded Classes 847.99 Total Eligible Expenses 8,284.97 GRANT AWARD#2 $8,229.80 FIRST AMENDMENT TO MSBG AGREEMENT PAGE 2 Page 323 Item#13. AGREEMENT BETWEEN CFI'Y OF MERIDIAN AND E. JAM"S PARI �S"OOL OF M USIC FOR I DAHO R.EBOV N DS— M UNICIPAL SMALL BUS]N FSS GRANT FUNDS this Agreement is entered into this 16 day of "ALP Y . 2021 by atid I tween the City of Mcridiam a murur-ipal corpomiorti organized under the laws of the state of Idaho (`City") and F;- J=es Paris School of Music, a general business organi 1 undtr Ilic laws of the sude of Idaho ('GranlCc"). WFIERFAS, having rece ived federal fumRw ial aswistwwc, as sucb term is defined in 2 CFR -200.40,from the Coronavirus R.cli,cf fund, dcsilgrrated with i n 7 itle V, section 5001 of the: Coronavuus A id, Relief, and F'oonGm is Security Act, P.L. 11 b-l 3 6, 42 U,S,C. § 601 ee serf- (the "CARE S Am').the Stntc-of Idaho ("State"") created the Tclnbo Reboun& - Municipal.SniaJI Busing Gram program to help local businesses and orgy UZmi"s affected by (X)v I D-19 pandemic, Cmibling citiC5 and counllcs icy pro vide and %,ith i n Ehe i r conirnuni�v, including by the provision ut`ewinom is support to those suffcrin,g from cmp1Qynxn1 or twitbess interruptions due to COVID-l9-relates! b�tsinm Closures or i4niWons; and WHEREAS, pursuant to the Mate`s approval of Wridiares MSBC3 prognm on 4eprembe r 11; 2020, Crty seeks to disburse MSBG timas w Meridian &nial I businesses for the rcimburwrncnt of c:xprnses irw urrt d due to the(0V I D-19 pandemic, as set forth in Tit1c V, se4tiori 5(N)I of the CARES Act, Idaho Govcrnur's Execulive t lyder Nos- 20?0-07, 20 0-09, and 2020-ORA; 'I'rea�uryI s Corotiavims Relief Fund Guidame for State, Trrrirmial, I.Eical. and 'Cri bal l rovernmr.nt s (bated June 30, 0), Idaho Re�urAs — Mlun is[pat Small Business Grant rivgmm r)ewriptio n and Guidance; aild the City"s MSBG program guidclimes(wilecli ire ly, "M1 SF3C`7 Rules"), and WHET , Granicc submits rcl lu C ity a wmpiete app Citation for MSBG fund 4 including al I rcl wd mlerials; aid 0ty and Grantee wish to enter into a couperatiw-c agneemt= for the investment. of MSBG f mds for the purposes dewribed therein, and AIIEREEA S, it is aukmwkJged by tine Parties that altliGugh the State has appro-�rod the Mleriodian MS BGt program and has generally committed the RuO s as sct 16r1h in this Ag ttit at for such purpose, availability u C l e fi Lrrd% ran City, and thus to Grantee, is subject to the Statc's approval of Grantee's application, and rckax of such funds to City, and that Oty's obligaxiori to pro;rede funds ng to Orantee under this Agreement k.provisional, pending the approval arsl relrase v f such turd w City; NOW, TF I F R E=FORE, in consideration of the mutual covenants of the pautir� Rhe Panics agce as fa(lows; L S AIEMENT OF WORK A, Activi tim t:wwtee shal I aye C ity'% M S RG funds i n an amount not to cxcccd one hundred 51MY cighl dollrars ($l68),1br the appi-Qv k rxpeT s+es, as Set forth in 1•:ehiblt A- C`rrantee %Ball utilize MSBC`r fund-s granted hereunder in a manner consistent with this Agceracal, the MSBG Ru"-. B. C_% rrent eligibility. grantee certifies that Granlec is eligible lu rcccive MSB0 funny, and that {iratttt�e mweL%each of the following criteria-. MSK OF.,i=AUREEMINT PAGE I Page 324 Item#13. L GY4nt by.- 5W r,r 1�wer employee-. 2. 6rantee is a business operatinp, in the City o1-Meridian. Idaho pity limits. 3. Grarncc has an official EIN. 4, Urantee is an I dak-d-omic iled business, 5. Grantee incurred and paid the expcnsn for arhieh the MSWj fund are awarded_ 6. Grantcc has incurred exprnFoc ea used by Co V I I -19 re Iated incidents, dec isions, or qualified business intcrraption ,, local c iosurc orders. rid E)r per-garral prr tective equipment, social disixut ing rcquimments, inereaqed co.gF, disrupted suppEyr networic, ctc.), 7. The expenses for which the MSDG funds arc awarded w rc irww-rrd between June 20, 2020 and ] octnnher 10, 20-20. Grantee ha_s not reu ived funds for the expcmes for which the MSBCa fai ds are aw-rded from other COfir ID-19 grant prog ins_ [.1raciree does not exist for the purpose of advancing partiymi politiorl activ it ieq or Lhe ktL-;ir ens dors nut dir"lly t bby federal or state officials, defined as hav* had -a rcgistarrd lobbyist at any point durinU 2020. 10. Grant is WinvIiMt in all respects with all COVID-19 rclarcd orders, law& orr -MFIrx5, arnd regulations, C. Ongoing agibibty; duplka#iva of benefits- (.rntee dal I notiN City immediately if, for and' rem )11, CTLMIee no hi nger qualifies for MSBG funds due to a ch angc in vompl ianee Nr ith ore or more of the enumerated -eligibility criterL If Grantee receives or applies for othrr funding comes for the expenses described in this AgrccnYcnt. Grantre shall Immediately notify the C ity's Eco rwi ie Development Admin istrawn D. Reimbaraemen t Procedu ram. City shall provide to Granicc I hr MS130 funds awarded for the approval expcnses, l forth in Erhihit A,up to fifteen thousand d-ollars($15,0 ,00). within thkty(30) day-s of receipt of the spcel ied kinds by C ityr_ E4 Disclusa Pc a rid rot!nt ion of reeordii. (irantee acknowledges and understands that records suhinkted fn r the purpcxses of app lying for MSBG fiufds; minpliaricc with thr terrrm of this Agroemt rlt or law,, and)or audit by Ci€y, Mate or federal agency shall be public rcords subject to disclosure.by City and/or State pursuant to such agcnc ics' respwivr obligatiarrs to eorrlply with the Idaho Public Records }act ('`I l'1Cr"ti"�, and may be posted online by the State of Idaho. IrLw1ar m such records are tempt Eurn w0er 3 PRA or rather pttiovisjan ref law, C sty steal I make reasonable efforts to avoid and/or prcvcnt their d i.Wlosurc. t;rr cmL= veil ri--tairn all n lvoT& Perth aL to the expenditures imkirred minder this Agreement for a period of five(5) years ailler completion of all activillvs funded imdcr This Agrccmcnd. Thr-rwmr of Ibc business and the amount Of grant fun/; received will be identified on the transparent_i,daho_gov website and on the City of Mcridian's i:.coWmk ►webpage,and May be dice Ioged upon request i a accordance with the Idaho Public Records }act, II. GENERAL CONDITIONS A. C'unfingent on funding. I1 is acknowled l the iParties thaL although the State }gas apprr ved the Mendian MSBG program and the State has generally comnaillcd the funds as set iurth in ibis Agreement for surly purpo se, availabi lity of MSBQ fit n&to City, and thus to Coe ntee, k subject to the Statc's approval of Crantec's appliwii n arKI releaso o f s b furls to city_ (in and until th to State a"roves 0rantee:s app I ioation and releases the funds to City, C sty shall have no MSKj(i%A mrF F AcrKkx-mF h r RAGE 2 Page 325 Item#13. contractual, begat or equitable obligation to Grantee, whether under this Agv-rncnt or by any odmr legal or equkable clai nti_ In the a%Tent that MSB6 failds for the purposes set forth nti this Agreernent arc not nrade avaiablc to City.this Agr=rncrit Shalt be void, an,d City shal I havr no ubli�aii+m to Grantee, whither under this Agreement or under any icUal or equitabic cla im, B. Notices. All notices requited to be 91vcn by citber of the parti-S L' mto shall be in writ inky end be +*cnvd comm Lin icated when perms oral ly served, or mai led in the I i n iced Mates mail, addressed as follows-, rf to CRY-. If to Grantee: City Qf Mrriclian E Janvs P ri& 4c hw I of Mks is Attri- Economic Development Administrator ATT : Ernest Faris 31 H_ Fireradwar Aveoue 3048 W Sara Renio St Meridian, Idaho 83642 M,crid ian, ID 83646541 F'ither ram may change its autlorimd repr€ ntative an&or address for the purpose of dais paragraph by giving writ ten dice of 3uch change to the other party in 6e man ner herein provided_ C. Indcmmrnity. Crraniee, and each and all of it$employees, agerrts� -con Mors, officials, officer: Scrvanks. guests, andlor jnvitccs shall twki harmless, cielcrxt aro i rrdcrnm Cy City from and frrr all los%ey, c lei ms, act ions, liabi I hies, anWcrr judgments far' darrsa_gcs or injury to pcnSans or property ands car Jose arld CxPen S c#u r'jr i rMumed ky Grantee and/o r its ernp.loye*s, agents,.. contractors,, officials, offleers. wrvants, guests, and/or invitees; and othrr cosi S< inc lad irk, iiiigali,orw Cosa and att(irrteys' fees, arising nut nf, resuking froir� or in coruiect ion with the perfonnanace of this Agrcemcnt and nvt caused by or ansug Out 4}I the tQrtro13s cxinOwt of('=Ly or aoy emplayee, -constractor, or went thereof. Grantee ackn,ow icdgcs that partic ipat ion in this program CAUTI r.5 risks, Sumc cat which may br unkno Air, and sloes ogt to a_siumt;all such known or unknown risks. 1). I J n.ifa rtn cram pliance regi irements. Crraritee Thal I comply with applicable uniform administrative rNumcments, gust principle, and a udO requ iretr► nts for federal a wuds, aS described i n 2 (TR 200 el- .sec{. E. Nondiscrimination. Grantce %ill not discriminate against any cmploycc or applicant for employment or services because of race, color, creed, re.l(Sion, ancestry, national origin, sex, d-1.9abiMy or uflwr hand icap, age, marital status Or StatiiS with rcgrard to public.assistancr, K Ter mlin at inn. I ither Patty tinay terriiirl this Agrt> rr"i It I br i�a by pTw)v1d1ng wrium Mtkt to i the OUl= Of the b iS Of tcrnvnati,un, The deiaulting Party Shall have firm (5) days to cure the.- deficiency or non-co mp I Lance_ I fthe deficiency or nio n-cornp I iama a is iint CUW within thhis time Period,the ntivr Patty shall terminate phis Agreement for cause. In add;i ion to terminat ion of tkris Agreement andG"or any other remedies as provided by law, C i y may declare Ciranstee inel igible for any further panic ipat icon i rr City grant programm i ng. 1_ Termninatioo for convenience. C[:ty nlay terrnij to this Agreement 1A--_ at least thirty (30) daysi he f llw 1 he Cflirc tiVC dal L of Stich terming(_K , giving writtrm nuticc to 6rantcc of Sock termination and specifymi z the effective date thereof 2. Termination for u use.. T rrmimation of this Agrecrrwnt, in whole: or in part, may occur for camw, w life h shall include, but shal I not be limited 10, Lhe follnW in&' a. Failury to comply wA h any provision of(Lis Agmerncnt, t>hr~MSBG bulks, or any ru1c, regulatiorL statute, executive order, or U_S_ Treaniry, Mate, car City guideline, po lice o r MSI3G t RAJA - -AGRrEMENT PArL-3 Page 326 I I Item#13. directive as may become applicable at any lime; b. Failure lax i ua fil I in a ti melt'and proper manncr its obligal ions under this Agreement' e_ E r3tproper use:-of funds provided under this. Agreement; or d, Subm i s.-;ion of rece ipts, reports, or dogunwnts llat Ue i rororrect or incomplete in any material respect, 3. Void if funds not availably. ESE 6e eve rLt that MSBG fund s for the purpose&set forth in this :lkgreenwnt are not made available w C K , rhis Agreement shall be void, aid City ahul l have+ no obligation to Grml", whether wtider this Agrecruent or undrz any legal or equitable-cIaim. G. Repaymcut, I in the event of terrnirmlon for cause attribulable W Urantee's acts or Omissions, Gra mce shall, within (14) days of City's demand. reimburse C'i[y fi)r all MS BCi fiends disbursed_ 11. Assignment. Crramce shah nut assign or trans;fer any interest in this agrecr=t without PT.i)r Wain wn..tent of City. L Non-wai+r .er. Failure of cit her party to Vmmptly enforce the strict per6orrnainCC of arty t-em of this Agrecmcnt Shull noT oomitute a waiter or rel nq uish iww of any part' s right to thereafter enf6mc such term- and any righl or rcumdy hereunder inay be amertcd at any t imr, rxilwkhStaM i rig delay M cdoreernent. J. C76rupliance with baw. Throughout the course of this Agreement, Crrantm shad-comply with an y and a U upp Ucable federal, state, and local laws. K Exhibits. All exhibits to this Agic mcnt are ;neorporated b ` reference and ruck a part o F hrrtNiJ' as if the exhibils wee re .ei forth in their entirety brain, 1� Entive Agmemer►t. This Agreement contains the cal.irc agreem nt of the parties and supersedes any and all other ugrremcrnts or rxierQ.tanding oral Or NNTittcn, WhEthcr PrCviu us to the Oxemnion hereof n r-r-o rrtemporaneous herewith. Ilic partics hcTcto may arr ud this Ageenient at any tiara j rov icled t1hx such auneiidments are executed in writing, appro ved by City's govern ing body, and signed by a duly authorized r-uprescntat1YC of wb party. IN NVITNE.SS WHEREOF, thr p},rti.eS shall cause this :'agree ment to be executed by their duly authodze,d off ors to be uffactivu m of(lic day and year first above written_ GRANTEE; F. Janieq Faris School-of?Music _p y .1'L!t$t Eaattit -- CITY: City of Nicridian Atten: By- Robert E_ Sim or4 Mayor 1-26-2021 Oris johngon, Ciry cl-ork 1-26-2021 Page 327 Item#13. E H BIT A: A P PR VED EXPENSES Eligible Exoenw Inwnice Dace I Amount Dun"Musk �- ${W/2020 9.00 Dunkiey Music !�f l$�MM 21. Duromey music 10/15120M :�6.80 Dunklew Music 11/1712020 48.0 Dunk9ey Music 12/18120M 54.O Total F-iigiblt Eger e5 1iaw Approved Amount 68.00 MSFS{i GR1 N=.. ACTAEEMENT r'4(iF � Page 328 Item#13. AGREE11rL>;NT BETWEEN CITY OF MEREDIAN ANrD LA CREME, LLC FOR IDAHO REBOUNDS— MUNICIPAL SMALL BUSINESS GRAINT FUNDS This Agrccmcrrt is entered into this 26th day of January , 2021 by and between the City of NleTidi a municipal corporation organized under the laws of the state of Idaho (` it T) and La Creme, LLC, a Limited Liability Company organized under the laws of the state ofidabo ("Grantee"). WHEREAS, having received feral I•u ncial assist ce, as such term is dcfmcd in ? CFR 200.40, fiorn the Coronavirus Relief fund, designated within Title V, section 5001 of the CorQnavirus Aid, Relief, and F,conom3c Security Act, P.L. 1 16-136, 42 U.S.C. § 601 er seq. (the "CARES Act), the State of Idaho ("State") created the Idaho Rebounds— Municipal SrnaII Fusiness Grant ("MSBOr") program to Delp local businesses and organizations affected by COVID-19 pandemic, enabling cities and counties to provide aid within their community, including by the provision of economic support to those suffering from emrploymenl or business interruptions due to COVID-19-related business closures or limitations; and VOUREAS,pursuant to the tate's approval of Meridian's MSBG prugr m on Sw1cmbcr 11, 2020, City seeks to disburse M S BG fun& to Meridian small businesses for the reimbursement of expenses incurred duc to the COVID-19 pandemic, as set forth in Title V, section 500 1 of the CARES Act; Idaho Governor's Executive Order Nos. 2020-07, 2020-0 , and 2020-08 ; U.S. Treasury's Coronavirm Relief Fund Guidance for State, Territorial, Local, and Tribal Governments (Dated June 30, 2020); Idaho Refunds—Municipal Small Business Grant Program Desrription and Guidance; and the City's MSBG program guidelines (collectively, "MSBG mules"); and WHEREAS, Grantee submitted to City a complete application for MSBG funds, including ah related materials; and City and Grantee wish to enter into a cooperative agreement for the investment of SB'G fiinds. for the purposes dcsoriNed therein; and WHEREAS, it is acknowledged by the Parties that although the State has approved the Meridian MSBG program and has generally committer)the funds as set forth in this Areement for such purpose, availability of these funds to City, and thus to Grantee, is subjea to the States approval of Grantee's application and release of such funds to City, and that City's obligation to provide funding to Grantee under this Agreement is provisional, pending the approval and release of such funds to City; NOW, THEREFORE, in consideration of the mutual coy-enant�i of the parties, the parties agree as follows, L STATEMENT OF WORK A. Activities, Grantee shall use City's MSBG finds in an amount not to exceed fifteen thousand dollars �$l 5,060), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the N4SRG Rules. B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that Grantee meets each of the following criteria, 1. Grantee has 500 or fewer employees. MSBG GRAN7EE AGRc.r-.mLLN'T FAGt:I Page 329 Item#13. 2. Grantee is a business operating in the City of Meridian, Idaho city limits. . Ciraniee has an official UN. 4. Grantee is an Idaho-dorniciled business. 5. Cirantcc incuncd and paid the expenses for which the MSBG funds are awarded. . nim[ee has incurred expense caused by COVID-19 related incidents, da=cision4;, or qualified business interruption, (e.g., Inca] closure orders, need for personal protective ega,ipment, social distancing requirements, irtereased costs, disrupted supply network, etc,)- 7. The expenses for which the MSBG funds are awarded were incurred between Juuc 20, 2020 and December 30, 2020. . Grdntee has not received funds far the expenses for which the M SBG funds are awarded from other COVID-19 grant programs. 9. 0r€otee does not exist for the purposc of advancing partisan political activities or the business does not directly lobby federal or state officials, defined as having had a registered lobbyist at any point during 2020. 10 Grra.nwe is t Qn-rplianl in all respects w ith al l CDVIDw 19 related orders, laws, ordinances, and regulations. C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any reason, Grantee no longer qualifies for MSBG funds due to a change in compI iance with one or more of the enumerated eligibility criteria. If Grantee rcceives or applies for uLht r fimding wurces for thu expenses duscribt cd in this Agreement. Grantee shall immediately notify the City's Economic Development Administrator. D. Reimbursement Procedures. City shall provide to Grantee the MS13G funds awarded for the approved experoses, as set forth in Exhibit , up to fifteen thousand dollars ( 15,(} O-00), within thirty (30) days of receipt of the, specified fonds by City. E. Disclosure and retention of records. Grantee acknow ledges and understands that records submitted for the purposes of applying for MS HO funds; compliance with the terms of this Agri naent or law; and/or audit by City. State, yr federal agency shall be public records subject to disclosuxe by City and/or State pursuant to such agencies' respective obligations to comply with the Idaho Public records :act (441p1 "), and may be posted online by the State ref Idaho IiL^ F} w as such records are exempt from disclosure under 1PRA or other provision of law, City shaIl rnakc reasonable eff�rts to avoid and,for prevent their disclosure, grantee shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after completion of all activities funded under this Agreenneiit- The name of tk business and the amount of grant funds received wiI I be identified on the wansparcnt.idaho.gov wi:bsite and on the City of +Ieridiam's Economic Development webp age, and may be disclosed upon request in accordance with the Idaho Public l ecordc; Act- II. GENERAL CQ�'DMQNS A. Contingent on funding. It is ackrwwhApd by the Parties that although the State has approved the Meridian MSBG program and the State has generaIIy committed the funds as set fortis in this Agreement for such purpose, availability of MSBG fitnds to City, and thus to GranLCC, is subject to the State's approval of GTr micc's appliu4 iiun and release of 6uch funds to City. Unless and until the State approves Graatee's application and releases the funds to City, City shalI have no contractual, legal, or equitable obligation to Grantee, whether under this Agreement or by aay other MSBG GRAN'rE£AcR.EE 7 [ ACIF.2 Page 330 Item#13. legal car equitable claim. In the went that ?I SBG funds for the purposes set forth in this Agreement are not made available to City, dais Agreement shall be void, and City shall have no obligation to Orantee, whather under this Agreement or unc r anyf legal or equitable claim. B. Notices. All laut Wes;equire;d to be given by either of the parties hereto shall be in writing and be deemed communicated when pursorrally served, or mailed in the United States rail, addressed as follows: If to Oily: If tG Grantee: City of Meridian La Crcmc, LLC: Attn: Economic Development Administrator ATTIC: Brice Arave, Owner 3 E. Broadway Avcnuc 3690 E Monarch Sky Ln#110 Meridian, Idaho 83642 Meridian, ID 83646 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. Indem.oity. Grantee, and each and all of its ornpioyees, agents, contractors, officials, officers. servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all losses, claims, actions, liabilities, and,for judgrumts fo r; damages or injury to persons or property and/or losses and expenses caused or incurred by Grantee anchor its emloyees, agents, contractors, ofEcials, ofiiccrs, servants, guests, and/or invitees; and other costs, including lit igaWn costs and attorneys' fees, arising out of, rosulting from, or in connection with the performance of this A.greernent and not caused by or arising out of the ttrrtious conduct of C ity or any employee, c:ontr OOI-, or agent thereof: Grantee acknowledges that participation in this progarn carries risks, some of which may be unknown, and does agree to assume all such Known or unknown risks. D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative requirements, cost prinuiplus, and audit requirements for federal awards, as described in 2 C F R §§ 2.00 et. .ceq. E. Nondiscrimination. Grantee will not discriminate against any employee or applicant for employment or services because of race, color, c:recd, religion, ancestry, national origin, sex, disability or outer handicap, age, marital status or status with regard to public assistance. F. Termination. 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 five (5) days to cure the dcfiekmcy or non-compliance. if the deficiency or non-compliance is not creed within this time period,the other Party shall terminate this Agreement for cause. In addition to termination of this AML-went and/or any other remedies as provided by law, City may declare Grantee ineligible for a=y further participation in Oty grant programming. 1. Termination for convenience. City may tc,Tmivatc this Agreement by, at lea.;r thirty(30) days bcfore the effective date of such termination, giving written notice to Grantee of such termination anti specifying the effective date thereof, 2_ Termination for cause. 'Termination afthis Agreement, in whole or in part, rzzay occur for cause, whir h shall include, but shall not he limited to, the following: a. Failure to comply with any provision of this A,grcernent, the M.S.BG Mules, or any rule. regulation, statute, executive order, or U.S. Treasury, State, or City guideline, policy or directive as may become appIicable at any tirrtc; SBG GR-A--VT iF AORERMTN T NoF,.3 Page 331 Item#13. b. Failure to fulfill its a timcly and proper manner its obligations under this Agreerent; c. Improper use of funds provided under this Agmt= mt; err d. Submission of receipts, reports, or documents that are incorrect or ii=rnplete in any malarial rospect- 3. Void if funds not avallahle. in the event that M BG funds for the purposes set forth in this Agreement are not made available to City. tEs Agreement shall be void, and C ity shaII have no obligation to Grantee, whether under this Agreement ar under any legal or equitable claim- G. Repayment. In the event of tern ination tier cause attributahlc to Grantee rs acts or on-dss ions, ranter shall, within fourteen (14) days ofCity's demand, reimburse City for all MSBG funds disbursed. U. Assignment. Grantee shall not assign or transfer any intere&L in this agreemni without prior written consent ofCirv. I. Non-waiver. Failure of either party to promptly errfoyce the striot perforn nce Uf any term of this Agreement shall not constitute a waiver or relinquishment of any part 's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any tirne, notwithstanding delay in enforcement. J. Compliance with law. 'Throughout the course of this Agreement. Grantee shall comply with any and all applicable federal, state, arrd local laws, K. Exhibits. All exhibits to this Agreement are incorporated by reference and grade a part of hereof as if the exhibits were set forth in their entirety herein. L. Entire A,greernent. This Agreement contajris the entire agreement of the parties and supersedes any and all other agreemt-mts or undesmadings, oral or vkritten, whether previous to the execution hereof or contemporaneous herewith. The parties hereto may amend this Agreement at any time provided that such arnendments are executed in writing, approved by City's governing body, and signed by a duIy authori�t;d representative ofcach party. IN VVffNE WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be e ctive as ofthe day and year First above written. GRANTEE La Creme, LLG Brice Arave. Own jr T1-'Y: City of Meridian Attest; By: Robert E. Simison, Mayor 1-26-2021 Chris Johnson, City Clerk 1 26 2021 MSBG GR_'NTEE ArRkE+j�NT PAnF.4 Page 332 Item#13. EXHIBIT A: APPROVED EXPENSES U-ligible Expense Arnaun. Rent-July 5756_88 Rent- August 5756.88 Rent- September 5756.88 NNN -Jijly 2936.1� NNN -August 2936,13 NNN -September 2936.13 Total Eligible Expenses 26,079.03 Approved ArFif, 15,OOD.00 M- SBC;GRAN7EF..AnRFFMF.hTr PAC, 5 Page 333 Item#13. A(�Itl+:h;MI+;N7' III+:'1WI+;1+:N ('ITV OF MI+: UDIAN AND 1'l)ti'1'('ON5'1'Rl►t"l'It)N I.1.(' IEOIt IUAIIO l�i?liOIINDS M[IN ICINAL SMALL III ISINESS GRANT FUNDS th II This Agi � i nlri+,l IIItU thisday of 141'1NRr , 2021 by and hctween the City �'rnin , ol,Nl ridian, a nnuilk 11"d col pouiion uiganised under the laws of thLstatc of ldilhc) ("(ily")and Yost Coltstilictioll I I.C, a lin)ited h'thihiv company organized under the laws ofthe state of Idaho � {sI anlee ') WHEREAS, having; is eived federal financial assistance, as such term is defined in 2 (TR 4 10040, lium the Colonaviiris Relief fund, designated within"Title V, section 5001 of the Coronavirus Aid, Relief, and Fconomik. security Act, P I, 1 16-136, 42 U S.C. § 001 rl.%vq (the"CARDS Act"), the State r1'ld.iho ("State") cle�lted the Idaho Rebounds — Municipal Small Business Grant ("visn( ") 1110i".I,lili 10 help local b1i miesses and organizations affected by COVID-19 pandemic, enabling cities Fund .+unties to proN ode aid within their community, including by the provision of economic support to these suffering Boni employment or business interruptions due to COVID-19-related business closures 01,limitations; and WHEREAS, pursuant to the State's approval of Meridian's MSBG program on September 11, 2020, City seeks to disburse MSBG funds to Meridian small businesses for the reimbursement of expenses incurred clue to the COVID-19 pandemic, as set forth in Title V, section 5001 of the CARES Act; Idaho Governor's Executive Order Nos. 2020-07, 2020-08, and 2020-08A; U.S. Treasury's Coronaviius Relief Fund Guidance for State, Territorial, Local, and Tribal Governments(Dated June 30, 2020); Idaho Rebounds—Municipal Small Business Grant Program Description and Guidance; and the City's MSBG program guidelines(collectively, "MSBG Rules"), and WHEREAS, Grantee submitted to City a complete application for MSBG funds, including all related materials: and City and Grantee wish to enter into a cooperative agreement for the investment of MSBG funds for the purposes described therein; and WHEREAS, it is acknowledged by the Parties that although the State has approved the Meridian MSBG program and has generally committed the funds as set forth in this Agreement for such purpose, availability of these funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City, and that City's obligation to provide funding to Grantee under this Agreement is provisional, pending the approval and release of such funds to City; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. STATEMENT OF WORK A. Activities. Grantee shall use City's MSBG funds in an amount not to exceed seven thousand one hundred seventy one dollars and seventy four cents($7,171.74), for the approved expenses, as set forth in Exhibit A. Grantee shall utilize MSBG funds granted hereunder in a manner consistent with this Agreement, the MSBG Rules. B. Current eligibility. Grantee certifies that Grantee is eligible to receive MSBG funds, and that MSBG GRANTEE AGREEMENT PAGE t Page 334 Item#13. Grantee meets each of the following criteria: 1. Grantee has 500 or fewer employees. 2. Grantee is a business operating in the City of Meridian, Idaho city limits. 3. Grantee has an official EIN. 4. Grantee is an Idaho-domiciled business. 5. Grantee incurred and paid the expenses for which the MSBG funds are awarded. 6. Grantee has incurred expense caused by COVID-19 related incidents, decisions, or qualified business interruption(e.g., local closure orders, need for personal protective equipment, social distancing requirements, increased costs, disrupted supply network, etc.). 7. The expenses for which the MSBG funds are awarded were incurred between June 20, 2020 and December 30, 2020. 8. Grantee has not received funds for the expenses for which the MSBG funds are awarded from other COVID-19 grant programs. 9. Grantee does not exist for the purpose of advancing partisan political activities or the business does not directly lobby federal or state officials, defined as having had a registered lobbyist at any point during 2020. 10. Grantee is compliant in all respects with all COVID-19 related orders, laws, ordinances, and regulations. C. Ongoing eligibility; duplication of benefits. Grantee shall notify City immediately if, for any reason, Grantee no longer qualifies for MSBG funds due to a change in compliance with one or more of the enumerated eligibility criteria. If Grantee receives or applies for other funding sources for the expenses described in this Agreement, Grantee shall immediately notify the City's Economic Development Administrator. D. Reimbursement Procedures. City shall provide to Grantee the MSBG funds awarded for the approved expenses, as set forth in Exhibit A, up to fifteen thousand dollars ($15,000.00), within thirty(30) days of receipt of the specified funds by City. E. Disclosure and retention of records. Grantee acknowledges and understands that records submitted for the purposes of applying for MSBG funds; compliance with the terms of this Agreement or law; and/or audit by City, State, or federal agency shall be public records subject to disclosure by City and/or State pursuant to such agencies' respective obligations to comply with the Idaho Public Records Act ("IPRA"), and may be posted online by the State of Idaho. Insofar as such records are exempt from disclosure under IPRA or other provision of law, City shall make reasonable efforts to avoid and/or prevent their disclosure. Grantee shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after completion of all activities funded under this Agreement. The name of the business and the amount of grant funds received will be identified on the transparent.idaho.gov website and on the City of Meridian's Economic Development webpage, and may be disclosed upon request in accordance with the Idaho Public Records Act. II. GENERAL CONDITIONS A. Contingent on funding. It is acknowledged by the Parties that although the State has approved the Meridian MSBG program and the State has generally committed the funds as set forth in this Agreement for such purpose, availability of MSBG funds to City, and thus to Grantee, is subject to the State's approval of Grantee's application and release of such funds to City. Unless and until MSBG GRANTEE AGREEMENT PAGE 2 page 335 Item#13. the State approves Grantee's application and releases the funds to City, City shall have no contractual, legal, or equitable obligation to Grantee, whether under this Agreement or by any other legal or equitable claim. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, 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 Grantee: City of Meridian Yost Construction LLC Attn: Economic Development Administrator ATTN: Norman Yost, Owner/Operator 33 E. Broadway Avenue 1740 E. Fairview Ave Meridian, Idaho 83642 Meridian, ID 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. Indemnity. Grantee, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall hold harmless, defend and indemnify City from and for all losses, claims, actions, liabilities, and/or judgments for: damages or injury to persons or property and/or losses and expenses caused or incurred by Grantee and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees; and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement and not caused by or arising out of the tortious conduct of City or any employee, contractor, or agent thereof. Grantee acknowledges that participation in this program carries risks, some of which may be unknown, and does agree to assume all such known or unknown risks. D. Uniform compliance requirements. Grantee shall comply with applicable uniform administrative requirements, cost principles, and audit requirements for federal awards, as described in 2 CFR §§ 200 et. seq. E. Nondiscrimination. Grantee 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. F. Termination. 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 five (5) days to cure 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 Grantee ineligible for any further participation in City grant programming. 1. Termination for convenience. City may terminate this Agreement by, at least thirty(30) days before the effective date of such termination, giving written notice to Grantee 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: a. Failure to comply with any provision of this Agreement, the MSBG Rules, or any rule, MSBG GRANTEE AGREEMENT PAGE 3 page 336 Item#13. regulation, statute,executive order, or U.S. Treasury, State, or City guideline, policy or directive as may become applicable at any time, b. Failure to fulfill in a timely and proper manner its obligations under this Agreement, c. Improper use of funds provided under this Agreement; or d. Submission of receipts, reports,or documents that are incorrect or incomplete in any material respect. 3. Void if funds not available. In the event that MSBG funds for the purposes set forth in this Agreement are not made available to City, this Agreement shall be void, and City shall have no obligation to Grantee, whether under this Agreement or under any legal or equitable claim G. Repayment. In the event of termination for cause attributable to Grantee's acts or omissions, Grantee shall, within fourteen (14) days of City's demand, reimburse City for all MSBG funds disbursed. H. Assignment. Grantee shall not assign or transfer any interest in this agreement without prior written consent of City. 1. 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, notwithstanding delay in enforcement. J. Compliance with law. Throughout the course of this Agreement, Grantee shall comply with any and all applicable federal, state, and local laws. K. Exhibits. All 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. L. 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. The parties hereto may amend this Agreement at any time provided that such amendments are executed in writing, approved by City's governing body, and signed by a duly authorized representative of each party. 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. GRANTEE: Yost Construction LLC Norman Yost, er/Operator CITY: City of Meridian Attest: By: Robert E. Simison, Mayor 1-26-2021 Chris Johnson, City Clerk 1-26-2021 h1 SBG GRANTEE AGREEMENT PAGE 4 Page 337 Item#13. EXHIBIT A: APPROVED EXPENSES Eligible Expense Amount Supplies-Inv.#817165 25.50 Supplies-Inv.#812083 476.36 Supplies-Inv.#817157 94.58 Supplies-Inv.#818937 349.88 Supplies-Inv.#824271 3064.51 Supplies-Inv.#825005 34.44 Supplies-Inv.#826922 1976.42 Supplies-Inv.#834646 1150.05 Total Eligible Expenses 7,171.74 MSBG GRANTEE AGREEMENT PAGE 5 page 338 Item#14. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Heroes Park Parking Expansion Contract: Approve Award of Bid and Construction Contract to Bricon, Inc. for the "Heroes Park Parking Expansion" Project for the Not-to-Exceed Amount of$432,500.00 L33l Item#14. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Sandra Ramirez Meeting Date: 1/26/2021 Presenter: N/A Estimated Time: N/A Topic: Heroes Park Parking Expansion Contract Recommended Council Action: Approve award of bid and Construction Contract to Bricon, Inc. for the "Heroes Park Parking Exansion" project for the Not-to-Exceed amount of$432,500.00 and also authorize the Procurement Manager to sign the Purchase Order for the Not-to-Exceed amount of$432,500.00. Background: Six (6) bids were received on January 7, 2021 and Bricon, Inc.was the low bidder. Page 340 Item#14. CONTRACT FOR PUBLIC WORKS CONSTRUCTION HEROES PARK PARKING EXPANSION PROJECT # 10115.P.2 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 26th day of January, 2021, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and BRICON, INC., hereinafter referred to as "CONTRACTOR", whose business address is 18050 N. Sophie PI. Nampa, ID 83687 and whose Public Works Contractor License # is 11823-AA-3-4. INTRODUCTION Whereas, the City has a need for services involving HEROES PARK PARKING; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. HEROES PARK PARKING EXPANSION page 1 of 13 Project#10115.p.2 Page 341 Item#14. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $432,500.00. The contract amount is subject to change contingent to the appropriation of funds. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups or material escalations. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. HEROES PARK PARKING EXPANSION page 2 of 13 Project#10115.p.2 Page 342 Item#14. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if City determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. HEROES PARK PARKING EXPANSION page 3 of 13 Project#10115.p.2 Page 343 Item#14. . Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Sub-Contractors: Contractor shall require that all of its sub-contractors be licensed per State of Idaho Statute # 54-1901. 7. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 8. Indemnification and Insurance: 8.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and HEROES PARK PARKING EXPANSION page 4 of 13 Project#10115.p.2 Page 344 Item#14. 8.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 8.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 8.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 8.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 8.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 8.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. HEROES PARK PARKING EXPANSION page 5 of 13 Project#10115.p.2 Page 345 Item#14. 9. 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 party so failing to perform. 10. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho with a Best's rating of no less than A-. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re-procurement of the contract services. 11. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 12. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. HEROES PARK PARKING EXPANSION page 6 of 13 Project#10115.p.2 Page 346 Item#14. 13. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 14. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://www.meridiancity.org/environmental.aspx?id=13618. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 15. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 16. Reports and Information: 16.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. HEROES PARK PARKING EXPANSION page 7 of 13 Project#10115.p.2 Page 347 Item#14. 16.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 17. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 18. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 19. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 20. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. HEROES PARK PARKING EXPANSION page 8 of 13 Project#10115.p.2 Page 348 Item#14. 21. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 22. 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. 23. 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. 24. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 25. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 26. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 27. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the HEROES PARK PARKING EXPANSION page 9 of 13 Project#10115.p.2 Page 349 Item#14. Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. Retainage of five percent (5%) of the current contract value will be withheld from the final pay application(s) until final completion has been met and releases from both the Idaho Tax Commission and Surety have been received by the City. 28. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 29. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 30. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 31. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 32. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian Bricon, Inc. Procurement Manager Attn: Mark Brice 33 E Broadway Ave 18050 N. Sophie Pl. Meridian, ID 83642 Nampa, ID 83687 208-489-0417 Phone: 208-869-4827 Email: bricon1@msn.com Idaho Public Works License # 11823-AA-3-4 HEROES PARK PARKING EXPANSION page 10 of 13 Page 350 Project#10115.p.2 Item#14. Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 33. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BRICON, INC. BY: BY: KEITH WATTS, Procurement Manager Dated: 1-26-2021 Dated: Project Manager Mike Barton HEROES PARK PARKING EXPANSION page 11 of 13 Project#10115.p.2 Page 351 Item#14. EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PKS-2106-10115.P.2 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PKS-2106-10115.P.2, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: • Project Drawings dated 8/27/2020 by Jensen Belts (31 pages) • Project General Conditions & Specifications dated 8/27/2020 by Jensen Belts (93 pages) Erosion and Sediment Control Plan (ESCP) dated 9/1/2020 by J.E.C. LLC (31 pages) • Certificate of Zoning Compliance Report dated 8/25/2020 by City of Meridian (8 pages) • Geotech Report dated 1/24/2020 by Materials Testing & Inspection (26 pages) HEROES PARK PARKING EXPANSION page 12 of 13 Project#10115.p.2 Page 352 Item#14. Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $432,500.00. MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion 120 Days from Notice to Proceed Milestone 2 Final Completion 130 Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the HEROES PARK PARKING EXPANSION PROJECT per IFB PKS- 2106-10115.P.2. NOT TO EXCEED CONTRACT TOTAL....................... $432,500.00 Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. Contract Pricing Schedule Item No. Description Quantity Unit Unit Price 1 Grading, base preparation, concrete curbing/ 1 Ls $432,500.00 flatwork, asphalt paving, landscaping and misc. site furnishings per plans and specifications HEROES PARK PARKING EXPANSION page 13 of 13 Project#10115.p.2 Page 353 Item#�4. CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 1/19/2021 REQUESTING DEPARTMENT Pars & Rec Project Name: Heroes Park Parking Expansion Project Manager: Mike Barton Contract Amount: $432,500 Contractor/Consultant/Design Engineer: Contractor-Bricon, Inc. Is this a change order? Yes ❑ No ❑ Change Order No. N/A II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 1 Budget Available(Purchasing attach report): Department 5290 Yes 0 No ❑ Construction 0 GL Account 96921 FY Budget: 2021 Task Order ❑ Project Number: 10115.p.2 Enhancement: Yes ❑ No ❑ Professional Service ❑ Equipment ❑ Will the project cross fiscal years? Yes❑ No 0 Grant ❑ IV. GRANT INFORMATION-to be completed only on Grant funded projects Grant#: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status(Federal Funded) N/A N/A N/A N/A Print and Attach the determination Print,attach and amend bid by addendum(if changed) www.sam.gov Print and attach V. BASIS OF AWARD BID RFP/RFQ TASK ORDER Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category (Bid Results Attached) Yes 0 No ❑ (Ratings Attached) Yes ❑No Date MSA Roster Approved: Typical Award Yes 0 No ❑ If no please state circumstances and conclusion: Date Award Posted: 1/14/2021 7 day protest period ends: January 21,2021 VI. CONTRACTOR/CONSULTANT REQUIRED INFORMATION PW License Expiration Date: Corporation Status Active-Existing Insurance Certificates Received(Date): 1/14/2021 Expiration Date: 8/1/2021 Rating: A++ Payment and Performance Bonds Received(Date): 1/14/2021 Rating: A Builders Risk Ins.Req'd: Yes ❑ No 0 If yes,has policy been purchased? NA (Only applicabale for projects above$1,000,000) VII. TASK ORDER SELECTION (Project Manager to Complete) Reason Consultant Selected ❑ 1 Performance on past projects Check all that apply ❑ Quality of work ❑ On Budget ❑On Time ❑ Accuracy of Construction Est ❑ 2 Qualified Personnel ❑ 3 Availability of personnel ❑ 4 Local of personnel Description of negotiation process and fee evaluation: Enter Supervisor Name Date Approve Vill. AWARD INFORMATION Date Submitted to Clerk for Agenda: January 19,2021 Approval Date 1-26-2021 By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Page 354 Contract Request Checklist.5.24.2016.Final Item#14. Bid Form (BT-46NV) Legend The green cells with bolded numbers indicate that this bid was the lowest price. The orange cells indicate that this item from that vendor was selected. The green cells with orange outline indicate that this item from that vendor was self has the lowest price. Page 355 Item#14. $ 123 acted, and Page 356 Item#14. /rE IDIAN=— BID RESULTS BID NAME: HEROES PARK PARKING EXPANSION DUE DATE&TIME: January 7,2021 2:30 BID NUMBER:PKS-2106.10115.p.2 Bobo Construction,Inc. BriCon,Inc. Granite Excavation Inc. River Corporation-Mountain' Sunroc Corporation idaho Site works,llc Total Cost $751,537.0 $432,500.0 $495,978.43 $606,308.0 $510,040.0 $442,741.05 Selected# 0 1 0 0 0 0 $0 $432,500.0 $0 $0 I $0 $0 # Items Selected Lowest Quantity Unit UnitPrice TotalCost UnitPrice TotalCost TotalCost UnitPrice UnitPrice TotalCost TotalCost UnitPrice UnitPrice TotalCost Grading,base preparation,concrete curbing/flatwork,asphalt paving,landscaping and #0-1 misc.site furnishings per plans and specifications $432,500.0 $432,500.E 1 LS $751,537.0$751,537.0 $432,500.$432,500.0 $495,978.$495,978.4 $606,308.E$606,308.0 $510,040.$510,040.1$442,741.$442,741.05 DEDUCT BID ALTERNATE Deduct all work within proposed West Parking Lot (existing Basketball Courts),see project Drawings #0-1 Sheet#L1.0&Specs pg.012300-2 $-74000 $-74000 1 LS $-60000 $-60000 1$-74000 $-74000 $82,014.9$82,014.93 $79,116.0$79,116.0 1$-65920 $-65920 1$-73503.7$-73503.77 Page 357 Item#14. City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 01 - General Fund 5290 - Parks and Recreation Construction Division From 10/1/2020 Through 9/30/2021 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining Capital Outlay 96921 Heroes Park construction 10115 Heroes Park 800,000.04 0.00 800,000.04 100.00% 1011... Heroes Park Parking Lot - 0.00 214.20 (214.20) 0.00% Design Carr... Carryforward 8,309.04 0.00 8,309.04 100.00% Total Capital Outlay 808,309.08 214.20 808,094.88 99.97% TOTAL EXPENDITURES 808,309.08 214.20 808,094.88 99.97% Page 358 Date: 11/23/20 10:39:12 AM Pag Item#15. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Solid Waste Advisory Commission: Annual Update Page 359 Item#15. —Seat 1 City of Meridian Mark Nelson—Seat 2 Dave Neal—Seat 3 Steven Cory—Seat 4 ol aste Megan Larsen—Seat 5 J Shawn Keating—Seat 6 Advisory Commission — —Seat 7 Isabel Kau—MYAC—Seat 8 To: The Mayor and City Council From: Steve Cory, Chair Re: 2020 SWAC Annual Report SWAC is pleased to submit its 2020 Annual Report: A. Membership: The Commission was reduced in staff to five members for much of the year with three vacancies. Commissioner Steve Cory served as Chair and Commissioner Meg Larsen served as Vice Chair. Youth Commissioner Isabel Kau has been very active and we are very thankful you appointed her to a second term. I want to thank the Council for filling the remaining three positions this fall to bring the commission to full staffing. B. Community Recycling Fund Program(CRFP): The CRFP's FY20 revenues were $ 4254.70 the projected FY20 ending fund balance is $38,740.32as accounted for below: 1. Fund Revenue: During 2020, despite the global market crash the CRFP received money from a variety of sources: $34,431.02 Beginning balance for FY20; $ 4,309.30 Revenue for FY20 $38,740.32 Sum Beginning Balance and Revenue (as of Sep. 30, 2020) 2. Fund Expenses: During FY20, the following fund's expenses were incurred: a. $0 TOTAL ACTUAL EXPENSES 3. FY20 Approved Projects —Final accounting yet to be completed: $38,740.32 Current FY20 Ending Fund Balance Page 360 Item#15. —Seat 1 City of Meridian Mark Nelson—Seat 2 Dave Neal—Seat 3 Steven Cory—Seat 4 ol aste Megan Larsen—Seat 5 J Shawn Keating—Seat 6 Advisory Commission — —Seat 7 Isabel Kau—MYAC—Seat 8 4. CRFP FY20 Approved Projects: One (1)project was approved by City Council with SWAC's recommendation for a combined total of$500 a. Recycle a Bicycle! Due to the pandemic, this was postponed. The program will once again take place in 2021. C. Trash or Treasure: Despite COVOD, this innovative program was again conducted throughout the City. The event occurred the weekend prior to the 2020 Spring Collection week. Residents set out unwanted items, allowing others to come by,pick them up, and give them a new home thus diverting items from the landfill. City Staff led the charge for outreach and planning for the program in 2020. The date of the program was changed from its traditional time of early May to the first weekend in June. Staff and Republic Services worked together to market the change not only utilizing newsletters and social media, but also using Republic's "Call them all" service to reach out to residents directly via phone or text message. Staff also completed an event video informing resident how the event works. Republic Services picked up remaining items as part of its Spring Cleanup collection services. Post-event feedback was positive and participation on the event more than doubled year over year. Both Republic Services and the City continue to market the program and use it as an educational platform in a variety of forums (website, newsletters, etc.). D. SWAC Annual Activity: Due to COVID, the PW Expo event was not conducted. E. Global Recycling Markets: China's Green Sword Initiative from Dec. 2017 continued to affect foreign recycling markets, suppressing market prices for mixed paper as well as other recyclable materials. COVID effected the markets and recycling revenue losses were flattened somewhat, however, losses continued for Meridian's commingled recyclable stream. SWAC again worked with Republic Page 361 Item#15. —Seat 1 City of Meridian Mark Nelson—Seat 2 Dave Neal—Seat 3 Steven Cory—Seat 4 ol aste Megan Larsen—Seat 5 J Shawn Keating—Seat 6 Advisory Commission 11— —Seat 7 Isabel Kau—MYAC—Seat 8 Services and City staff to review a request from Republic Services for sharing of further recycling processing losses. This year's request acknowledged sharing the costs of the recycling processing shortfall of$1.06 per household through continuation of the FYI 9 amount of$0.93, and splitting the remaining difference, allotting another$0.10 per household. The current recycling processing charged to households is now $1.03. F. Ada County Solid Waste Advisory Committee: SWAC Chair, Steve Cory, represents the City of Meridian's interests on the Ada County Solid Waste Advisory Committee. This committee allows stakeholders to work in concert with one another to research and develop proposals for improving solid waste collection systems and services, including maintaining reasonable financial costs for the operations of the Ada County Landfill. Steve Cory reports back to Meridian SWAC periodically throughout the year providing valuable insight and information about valley-wide solid waste matters. G. FY20 Annual Solid Waste Rate Adjustment: SWAC reviewed and recommended to City Council approval of Republic Service's proposed FY21 Annual SW Rate Adjustment Report to City Council. The rate adjustment for both commercial and residential services was comprised of the contractual CPI adjustment and the continuance of recycling processing costs shared by customers for another year as set forth in a separate contract amendment. SWAC continues to be pleased that collection and processing costs to recycle have been set forth separately from trash collection rates. SWAC continues to believe that this transparency assists the City and public in better understanding the recycling industry's strengths and weaknesses when contemplating future programs or changes to existing ones. H. Ada County Household Hazardous Waste Quarterly Meetings: Commissioner Nelson attends the quarterly meetings to stay current on the county HHW program and related topics. He reports back to SWAC after each meeting to review what was discussed. Page 362 Item#15. —Seat 1 City of Meridian Mark Nelson—Seat 2 Dave Neal—Seat 3 Steven Cory—Seat 4 ol aste Megan Larsen—Seat 5 J Shawn Keating—Seat 6 Advisory Commission — —Seat 7 Isabel Kau—MYAC—Seat 8 I. Presentations: Throughout the year SWAC received presentations regarding the following topics: 1. Quarterly and annual reports covering Republic Services' collection services, donated services, the Household Hazardous Waste Program, and secondary market conditions for recycled materials (Republic Services); 2. HeftyEnergy Bag Program (Catherine Certudi); 3. Ada County Landfill-tipping fees (Republic Services, City staff); 4. FY21 proposed SW rates and new fees (Republic Services, City staff); 5. Solid Waste Program metrics and data(City Staff); and J. Upcoming Commission Business: In 2021, SWAC is looking forward to working with Republic Services and City staff on the following projects: 1. Acting on results from City Survey regarding trash and recycling services and developing strategies and programs using those results; 2. Furthering improvements in recycling efforts including reviewing third party needs and opportunities to reduce contamination, and evaluating improving material separation technologies. 3. Promoting Meridian's Trash or Treasure, Hand in Hand, and Recycle a Bicycle programs; 4. Expanding educational outreach to decrease contamination in the commingled residential recycling stream; 5. Monitoring yard composting market trends; 6. Continuing leadership role on the Ada County Solid Advisory Committee and reporting back to SWAC and the Mayor and City Council as appropriate; and Page 363 Item#15. —Seat 1 City of Meridian Mark Nelson—Seat 2 Dave Neal—Seat 3 Steven Cory—Seat 4 ol aste Megan Larsen—Seat 5 J Shawn Keating—Seat 6 Advisory Commission 11— —Seat 7 Isabel Kau—MYAC—Seat 8 7. Attending the quarterly Ada County Household Hazardous Waste Program meetings and reporting back to SWAC and the Mayor and City Council as appropriate; 8. Commission to focus on reducing contamination of recycle streams; 9. Working with Ada County to resolve their desire to simplify landfill rates; K. Solid Waste Plan Subcommittee: 1. SWAC created a subcommittee to work with City Staff to develop the goals and expectations for the City's Solid Waste plan. Despite the Pandemic the committee met bi-weekly both in person and remotely as the guidelines advised. The committee was Chaired by Commissioner Mark Nelson and included: Meg Larson, Scott Walters, Isabel Kau and was assisted by Ex Offcio member Rachele Klein. The committee presented updates to the commission and were instrumental in guiding the vision of the City based on their knowledge and the survey results. In conclusion, it has been an active year for SWAC despite COVID. We continue to gain experience and appreciation of the many challenges facing the solid waste and recycling industries. Our commitment is steadfast to work in partnership with staff and Republic Services to identify and recommend to the Mayor and City Council improved fiscally sound trash and recycling services and programs for the benefit of Meridian residential and commercial customers. SWAC looks forward to another productive the year. Page 364 Item#16. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Transportation Commission: Roundabouts and Alternative Intersections Page 365 Item#16. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Agenda Topic on the City Council Agenda From: Miranda Carson, Coordination Planner Meeting Date:January 19, 2021 Presenter: Ryan Lancaster, Transportation Commissioner Estimated 20 minutes Time: Topic: Transportation Commission: Roundabouts and Alternative Intersections As urban and suburban intersections become more congested, alternative intersection options are being considered to lessen delays. We have seen several alternatives and even more roundabouts in the Treasure Valley in recent years. Ryan Lancaster from the City's Transportation Commission has researched these alternatives and offered to present more information on them. Page 366 _ _ t X 1 .r jat fir' O. � =•i ? _ �lw Alternative Intersections Rya 'L, n caste P.E:PTO E .Mehidian City Council tl } January 26, 2021 -ice _ � 1 1� �• _ . Intersection Safety Facts About half of all severe ' crashes are intersection related Left-turns represent a large portion of the intersection safety t_Wwk Dwtx.FHWA concern 1 .V f • Fewer, less • Less delays Smaller severe footprints conflict ' Reduced points congestion~ Less Rol Speed * New/more Decreased management pedestrian costs potential and Dike opportunities Quicker Significant construction crash * A- reductions ' OY } os�,r► Alernative Intersections ti Rounda .0 ' Restricte ro; ing U-Tura { T ivie, A: isplaced, Legit urn T� i gap r ; ' 4 1 r 4 1 SF , ' - _ � 'r� ' Y ' S 4 r • A a r �y f r i II CD 1 ti LU # / U7) w - • kiIhL # ` - - - 1 lltfilllirll�i Fairview Ave �. � � - ,_ Bike Lanes I1-.11119 IIIMI a '_ Imp R-� # to C rt _. Alt . int . Common Denominators • Fewer and/or less severe conflict points • Changes how left-turns are handled • Synchronizing movements across intersection and between legs • Optimal traffic control • Speed calming advantages MP- �`- • "Best Value" solutions Soame IflanaoT Roundabouts • Modern designs are safer and : : - • more efficient than old circles and rotaries • Measurable progress in last 1 + F� - � years, but still underutilized r f f is Proven in both low-speed urban and high-speed rural environments • Effective for both corridor and Smm:FHWA spot improvements f_ AASHTO Highway Safety Manual, Chapter 14 U -Turn Intersections Restricted Crossing U-turn Median U-Turns (ROUT) (aka Michigan Left, ThrU Turn (aka Pturn, ,Superstreet) Indirect Left) Ll . JOt#C2:�l5r#f.illi��• 'rrt � 'I ..- - . z . � k 2 � •. �- �� ■ � ' e � qw , �eF ' - -w�• or f - . � \ \ & ` , � , , \ �� ,�„� .■� - ` � \\~. � � ■ � � ■ �a'� \ \ ' \ . eo � dr - t� � < . o-41� . ' ` A Vill - O c ` � � • � �� . . �- - ' - } � , Crossover intersection Main intersection f -- AKA Continuous Flog ' * Crossover intersection Intersection or CFI my .00$ou r •Observed crash Before and After Comparison for reductions of 0% BANGERTER HIGHWAY IMPROVEMENTS •Total travel time reduction J" f ; I - I 4 I 4 DLT ` DDI Modern Roundabout Roundabouts Modern Roundabout I!�11► �� ul ' Ila Roundabouts 14 Modern Roundabout Yield control ` Circulatory roadway - Centra I island Spl fitter island =' . Pedestrian access -� { Landscaping Truck apron Signing and marking Y•d Roundabouts Modern Roundabout Ir- I.. f J � � ' .J • :. .9 . �1 �r r Roundabouts 7. ` GoddaidRd- z z 0 WEST CLOVERDALE WESTVALLEY Settlers E z Park z E Ustick Rd E Vstick Rd J5tick W Ustick Rd a WEST RE o 21 A u a z Lnl - E Fairview Ave E Fairview AV. Cloverdale W Fairvievr Ave Meridi a n Crossroads ^ ^ p W Pine Ave 2 E Pine Ave E Pi ne Avc _ ald St M w Emereridian E.ecub�e Q r Boise - - — - - -- .. - - Beatty --- -— - - - Town a- Pla_xa W Franklin Rd E Franklin Rd E Franklin Rd - W Franklin Rd--_— - y MAPLE GROVE FRANKLIN ao- ietnarmVeterans:MemoriaiHwy---- 95 °' W Overland Rd E Overland Rd E 0-rland Rd _ W Overland Rd ........ 69 �- � N � W vicwl Rd E Vicrvry Rd E Victory Rd W Victory Rd a o - � C D N SOUTHWEST E -- AOA COUNTY E Amity Rd W Amity Rd ALLIANCE a L E Lake Hazel Rd E Lake Hazel Rd W Lake Hanel Rd Roundabouts 17 MOWL. Modern Roundabouts Al Public Attitude Towards Roundabouts (Before and After Construction) 45% - ■ Before 40% After 35% 30% 25% 20% 15% 10% 5% 0% Very Negative Neutral Positive Very Negative Positive Roundabouts Source: NCHRP Synthesis 264 18 Roundabouts and Crashes �. 111 _ a � F 1 } t -y man wry.# ,in Was - I Roundabouts • Roundabouts and Crashes Crossing (0) Crossing (16) Diverging (4) • diverging (8) Converging (4) Converging (8) Roundabouts Roundabouts and Crashes Typical 4-leg intersection Asabo Angle Left turn Sideswipe Roundabouts 21 Roundabouts and Crashes Convert sig na I ized intersection to roundabout 48% All crashes Fatal/injurycrashes Fatal/injury 60% crashesb . area Roundabouts22 Roundabouts and Crashes Convert two-way stop intersection to roundabout 44% All crashes Fatal/injury . Fatal/injury 78% 72% crashes • . area 1-lane 2-lane Roundabouts LRoundabouts and Crashes Conventional Intersection High speeds Low speeds Little response time Situation changes slowly/More PRT High energy crashes Low energy crashes Unforgiving environment Forgiving environment High severity crashes Low severity crashes Complexity Easier to judge gaps Wide visual scans Narrow visual scans I Roundabouts 24 Roundabouts in Corridors Vi t i _ .MomIN • �.-. fol r ■ Roundabouts Roundabouts and Pedestrians Roundabouts Roundabouts and Pedestrians � 1 Roundabouts S 6ntrnnck line Sidewalk Central 1s1and �!! Landscape brier Circulatory rcm d way Bicycle tfeaCf7Y@n#S EXIT /■/�l►1 ► Accessible pedestrian Entry crossing Sphtter island {Jones and Majaed 2015) Figure 10. Roundabout elements as shown in Alabama's roundabout garde. Roundabouts 1 28 Roundabouts and Pedestrians di � 1 Crossing (8) " Crossing (16) Roundabouts • Roundabouts and Pedestrians t f '�� ;.dr..�-� fir' _ f"t[. `�' �� _�� I��.• 11. Roundabouts Roundabouts and Schools Roundabouts Entrnncp line 5idewaik Cenral island Landscape duffer Circulatory • r roadway _ 1 :_ CA0551X0 CUA$8' Bicycae treatments Exit Tru<kapron Accessible pedestrian Entry crossing Splitter island (Jones and Majeed 2015) Figure 10. Roundabout elements as shown in Alabama's roundabout guide. 32 Roundabouts and Schools iwz �. loot r. I V ti - �.- - mr-WrW •I, t 01 77 Mal 4 .t � F !I I ■ "! 'f �� " I I Roundabouts Roundabouts and Schools n `a Y L 4 .y. Rw A. c ` 1 r. Roundabouts Roundabouts and Schools r ri rt � R 1 Roundabouts • Boise r•- Roundabouts F i 36 Roundabouts and Bicycles Roundabouts S 6ntrnnck line Sidewalk Central 1s1and �!! Landscape WNr Circulatory rcm d way Bicycl tfeatf7Y@n#Se Exit Truck a p ron. Accessible pedestrian Entry crossing Splatter island {Jones and Majaed 2015) Figure 10. Roundabout elements as shown in Alabama's roundabout garde. Roundabouts 1 38 Roundabouts and Trucks Roundabouts • Roundabouts and Trucks SHOPKO OMAWUN Cftft xfvis } - -- A-Z Roundabouts Roundabouts �_�.. .... _ _ — __ �"► -- �r�`"`--tea ... :- ..— _ � r Item#17. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Community Development: South Meridian Neighborhood Bicycle and Pedestrian Plan Introduction and Presentation by Edinson Bautista of Ada County Highway District Page 367 Item#17. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Agenda Topic on the City Council Agenda From: Miranda Carson, Coordination Planner Meeting Date: January 19, 2021 Presenter: Edinson Bautista,ACHD Project Manager Estimated Time: 20 minutes Topic: ACHD - South Meridian Neighborhood Bicycle and Pedestrian Plan Introduction ACHD is kicking off the South Meridian Neighborhood Bicycle and Pedestrian Plan. The purpose of the plan is to enhance pedestrian and bicycle connectivity in the South Meridian area through analysis of existing conditions and through public engagement. The boundaries of project are approximately I-84 to the north, Lake Hazel Road to the south, McDermott Road to the west, and extending just west of Cloverdale Road to the east.The ACHD project manager Edinson Bautista will present an introduction to the project in January. Page 368