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PZ - Off site and ROW dedication Charlene Way From:Sonya Allen Sent:Friday, October 22, 2021 9:43 AM To:Adrienne Weatherly; Charlene Way; Chris Johnson Subject:Outer Banks - Agreement for Construction of Cobalt Dr. Attachments:Road Construction and Cooperative Development Agreement.pdf; Re: Off-site ROW dedication Please include in LF. Thanks From: Hethe Clark <hclark@clarkwardle.com> Sent: Thursday, October 21, 2021 2:34 PM To: JoAnn Butler <jbutler@butlerspink.com>; Sonya Allen <sallen@meridiancity.org> Cc: Wendy Shrief <wshrief@jub.com>; Bill Nary <bnary@meridiancity.org>; Bill Parsons <bparsons@meridiancity.org>; Erik Pilegaard <erik@elkventures.net>; Barbara Beaushaw <barb@clarkwardle.com> Subject: RE: 10 Mile and Franklin External Sender - Please use caution with links or attachments. Sonya, per your request, please see attached a copy of the referenced agreement. At this time, we are working with JoAnn and her client to give them the information they are asking for. The preliminary designs of off-site Cobalt Drive have been provided to the relevant agencies. ACHD has indicated they have what they need to review (see attached communication from Paige). I understand JoAnn’s client would like utility detail that we believe is appropriate for construction drawings. We will continue that conversation. But there is no reason to delay the hearing and we intend to go forward, particularly as this is the P&Z recommendation phase. Hethe Clark, Partner 251 E Front Street, Suite 310 | PO Box 639 | Boise, Idaho 83701 hclark@clarkwardle.com | Direct 208.388.3327 | Fax 208.388.1001 From: JoAnn Butler <jbutler@butlerspink.com> Sent: Tuesday, October 19, 2021 2:40 PM To: Hethe Clark <hclark@clarkwardle.com>; Sonya Allen <sallen@meridiancity.org> Cc: Wendy Shrief <wshrief@jub.com>; Bill Nary <bnary@meridiancity.org>; Bill Parsons <bparsons@meridiancity.org> Subject: RE: 10 Mile and Franklin Sonya, Hethe is correct: Hethe’s client (10 Mile) and our client (Hotel-SLC) signed an agreement on August 27, 2021. However, that agreement requires in part: As provided further herein, 10 Mile anticipates submitting a preliminary plat application to the City in connection with the 10 Mile Property (the “Preliminary Plat Application”) as soon as practicable after the Effective Date \[of this Agreement\], which Preliminary Plat Application shall include preliminary road design plans for the Project, defined below \[i.e., design, construction and improvement of public improvements in connection with W. Cobalt Drive extending from the existing approach on S. Ten Mile Road on, over, across, under and through the 10 Mile Property and the Hotel-SLC Property\], and an explanation that the Project (including, without limitation, the off-site segment) is to be reviewed by the applicable governmental 1 agencies as part of the Preliminary Plat Application and, if such Preliminary Plat Application is approved by such agencies, shall be constructed during the first phase of development of The Ten @ Meridian. The preliminary plat application, for what is now known as Outer Banks Subdivision, was submitted without the preliminary road designs for the off site improvements. We believe that Hethe’s client has recently engaged its engineers to complete the design for the off site improvements for our client’s review, and submittal to the City and ACHD for review and approval. With the off-site improvements submittal lagging behind the Preliminary Plat submittal, the Preliminary Plat Application is not yet ready for review by the City. We believe the hearing for Outer Banks Subdivision is tentatively scheduled for early November. We would appreciate the City’s deferral of its review of Outer Banks Subdivision until the off-site improvements have been received, reviewed and approved by the agencies. Please call with any questions. JoAnn C. Butler Butler Spink, LLP 967 E. Parkcenter Blvd. #313 Boise, ID 83706 jbutler@butlerspink.com www.butlerspink.com Direct: 208-388-1093 Cell: 208-867-1082 CONFIDENTIALITY NOTICE: This transmission is intended only for the use of the individual(s) named as recipients. If you are not the intended recipient of this transmission, please notify the sender immediately by telephone. Notwithstanding the Uniform Electronic Transactions Act or any other law of similar import, absent an express statement to the contrary contained in this e-mail, neither this e-mail nor any attachment are an offer or acceptance to enter into a contract, and are not intended to bind the sender or any other person or entity. From: Hethe Clark <hclark@clarkwardle.com> Sent: Monday, October 18, 2021 8:42 AM To: Sonya Allen <sallen@meridiancity.org> Cc: Wendy Shrief <wshrief@jub.com>; JoAnn Butler <jbutler@butlerspink.com> Subject: 10 Mile and Franklin Hi, Sonya. I wanted to reach out and confirm to you that we have a written agreement with the neighbor to the south for construction of the off-site portions of Cobalt Drive. The agreement was executed on August 27. I believe both parties would prefer to have the terms of their private agreement not be part of the public record, so I’ve copied JoAnn Butler, who can confirm on behalf of her client that the agreement has been signed. Happy to answer any follow-up questions. Thanks, Sonya. T. Hethe Clark, Partner 251 E Front Street, Suite 310 | PO Box 639 | Boise, Idaho 83701 hclark@clarkwardle.com | Direct 208.388.3327 | Fax 208.388.1001 DEVELOPMENT ATTORNEYS CONFIDENTIALITY NOTICE: This transmission is intended only for the use of the individual(s) named as recipients. It may contain information that is privileged, confidential, and/or protected from disclosure under applicable law including, but not limited to, the attorney-client privilege and/or work product doctrine. If you are not the intended recipient of this transmission, please notify the sender immediately by telephone. Do not deliver, distribute or copy this transmission, disclose its contents, or take any action in reliance on the information it contains. THIS E-MAIL IS NOT AN OFFER OR ACCEPTANCE: Notwithstanding the Uniform Electronic Transactions Act or any other law of similar import, absent an express statement to the contrary contained in this e-mail, neither this e-mail nor any attachment are an offer or acceptance to enter into a contract, and are not intended to bind the sender or any other person or entity. 2 3 Charlene Way From:Paige Bankhead <pbankhead@achdidaho.org> Sent:Wednesday, October 20, 2021 3:11 PM To:Hethe Clark Subject:Re: Off-site ROW dedication Hethe, I have not reached the part where I discuss the Cobalt extension in my staff report yet. Currently, I do not need anything further. I will reach out next week if I need additional information. To clarify, we do not review the construction drawings in detail at this point with the staff report. Construction plans are submitted to Kaci Bader after the ACHD staff report issued and after Meridian has approved the application. Thanks, Paige Bankhead, E.I. Assistant Traffic Engineer Ada County Highway District Development Services 1301 N. Orchard St. Ste. 200 Phone: (208) 387-6293 The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. From: Hethe Clark <hclark@clarkwardle.com> Sent: Wednesday, October 20, 2021 10:22 AM To: Paige Bankhead <pbankhead@achdidaho.org> Subject: RE: Off-site ROW dedication 1 CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Sounds good, Paige. Just to confirm – that includes all of the preliminary drawings you need to review the off-site portion of Cobalt, correct? Hethe Clark, Partner 251 E Front Street, Suite 310 | PO Box 639 | Boise, Idaho 83701 hclark@clarkwardle.com | Direct 208.388.3327 | Fax 208.388.1001 From: Paige Bankhead <pbankhead@achdidaho.org> Sent: Wednesday, October 20, 2021 10:17 AM To: Hethe Clark <hclark@clarkwardle.com> Subject: RE: Off-site ROW dedication Hi Hethe, I received your voicemail. I am out of the office, but I will continue to work on The 10 at Meridian/Outer Banks Subdivision staff report when I return. I don’t need any additional information at the moment, I will let you know if I need anything further. Thanks, Paige Bankhead, E.I. Assistant Traffic Engineer Ada County Highway District Development Services 1301 N. Orchard St. Ste. 200 Phone: (208) 387-6293 From: Paige Bankhead Sent: Thursday, August 19, 2021 10:22 AM To: Hethe Clark <hclark@clarkwardle.com>; Kaci Bader <kbader@achdidaho.org> Cc: JoAnn Butler <jbutler@butlerspink.com> Subject: RE: Off-site ROW dedication Hethe, Please also make sure that there is an explanation included in your development application that explains the proposal for the off-site segment of Cobalt with this development just so it is clear. Thanks! 2 Paige Bankhead, E.I. Assistant Traffic Engineer Ada County Highway District Development Services 1301 N. Orchard St. Ste. 200 Phone: (208) 387-6293 From: Hethe Clark <hclark@clarkwardle.com> Sent: Thursday, August 19, 2021 10:19 AM To: Paige Bankhead <pbankhead@achdidaho.org>; Kaci Bader <kbader@achdidaho.org> Cc: JoAnn Butler <jbutler@butlerspink.com> Subject: RE: Off-site ROW dedication CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. That should work well and tie everything together. I recently had an off-site improvement issue (not a dedication) on another project and it went down the rabbit hole of “where’s the development application?” I didn’t want to have a repeat. This works for me. Thanks, everyone. Hethe Clark, Partner 251 E Front Street, Suite 310 | PO Box 639 | Boise, Idaho 83701 hclark@clarkwardle.com | Direct 208.388.3327 | Fax 208.388.1001 From: Paige Bankhead <pbankhead@achdidaho.org> Sent: Thursday, August 19, 2021 10:17 AM To: Hethe Clark <hclark@clarkwardle.com>; Kaci Bader <kbader@achdidaho.org> Cc: JoAnn Butler <jbutler@butlerspink.com> Subject: RE: Off-site ROW dedication Hi Hethe, In our staff report, we will also include the requirements if the off-site portion of Cobalt is proposed to be constructed. As well as if it is not going to be constructed with this site since we technically can’t require the off-site segment to be constructed with this development. I would assume that these would be included with this site’s construction plans if the off-site portion is to be constructed. Kaci can confirm. Thanks! Paige Bankhead, E.I. 3 Assistant Traffic Engineer Ada County Highway District Development Services 1301 N. Orchard St. Ste. 200 Phone: (208) 387-6293 From: Hethe Clark <hclark@clarkwardle.com> Sent: Thursday, August 19, 2021 10:13 AM To: Kaci Bader <kbader@achdidaho.org>; Paige Bankhead <pbankhead@achdidaho.org> Cc: JoAnn Butler <jbutler@butlerspink.com> Subject: RE: Off-site ROW dedication CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Hi, Kaci. Thanks for the quick response. This has to do with a preliminary plat application on the southwest corner of 10 Mile and Franklin roads. Cobalt Drive is going to be built on my client’s property and, assuming we can get to terms, continue on the property to the south, controlled by JoAnn Butler’s clients (copied). The off-site portion is, as you would expect, not part of the development application. In terms of review logistics, should we plan to simply provide construction drawings of the off-site portion of the roadway at the same time as the on-site portion? In other words, it would just be a trailer to ACHD’s review of my client’s development application? I want to make sure there are no surprises when we show you construction drawings for a road that isn’t part of the four corners of the development application that is going in front of Meridian. Thanks, Kaci. Hethe Clark, Partner 251 E Front Street, Suite 310 | PO Box 639 | Boise, Idaho 83701 hclark@clarkwardle.com | Direct 208.388.3327 | Fax 208.388.1001 From: Kaci Bader <kbader@achdidaho.org> Sent: Thursday, August 19, 2021 8:49 AM To: Paige Bankhead <pbankhead@achdidaho.org> Cc: Hethe Clark <hclark@clarkwardle.com> Subject: RE: Off-site ROW dedication Hi Hethe, We would process the ROW dedication via warranty deed that ACHD staff prepares. We would need a legal description and exhibit, name and title of signatory. 4 You most likely have some follow up questions, so feel free to reach out to me. Thanks. Kaci Bader Development Review Coordinator Ada County Highway District 1301 N. Orchard St. Ste. 200 Boise, Idaho 83706  (208) 387-6184 From: Paige Bankhead <pbankhead@achdidaho.org> Sent: Thursday, August 19, 2021 8:45 AM To: Kaci Bader <kbader@achdidaho.org> Cc: hclark@clarkwardle.com Subject: Off-site ROW dedication Hi Kaci, Heath Clark was wondering how the off-site ROW dedication process worked, he is copied on this email. There is a development proposed at the SWC of Ten Mile Road/Franklin Road and they have proposed to construct the MSM collector road, Cobalt Road, along the site’s south property line and a portion will be off-site into the parcel to the south. They are working with those property owners to construct the collector with the future development application. We have only written a staff report for the annexation/rezone of the site at this point. Heath was wondering how the ROW dedication process would work for the off-site portion. Can you help him? Thanks! Paige Bankhead, E.I. Assistant Traffic Engineer Ada County Highway District Development Services 1301 N. Orchard St. Ste. 200 Phone: (208) 387-6293 5