Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2022-04-05 Work Session
CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, April 05, 2022 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Treg Bernt Councilwoman Jessica Perreault Councilman Joe Borton Councilman Brad Hoaglun Mayor Robert E. Simison ABSENT Councilwoman Liz Strader Councilman Luke Cavener ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved (1-14, 16-28) Motion to approve (with Item #15: Final Plat for Graycliff Estates Subdivision removed from Consent Agenda) made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilman Bernt, Councilwoman Perreault, Councilman Borton, Councilman Hoaglun 1. Approve Minutes of the March 15, 2022 City Council Work Session 2. Approve Minutes of the March 15, 2022 City Council Regular Meeting 3. Approve Minutes of the March 22, 2022 City Council Work Session 4. Approve Minutes of the March 22, 2022 City Council Regular Meeting 5. Apex Northwest Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 6. Apex Northwest Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 2 7. Chukar Ridge Subdivision Emergency Access Easement Agreement 8. Everest Office Water Main Easement 9. Roaring Springs East Expansion Water Main Easement No. 1 10. Roaring Springs East Expansion Water Main Easement No. 2 11. Shelburne South No. 1 and 2 Sanitary Sewer Easement No. 3 12. TM Crossing Subdivision No. 5 Sanitary Sewer and Water Main Easement No. 1 13. TM Crossing Subdivision No. 5 Sanitary Sewer and Water Main Easement No. 2 14. Topgolf Water Main Easement 16. Final Plat for Skybreak No. 1 (FP-2021-0058) by DevCo, LLC, Located at 3487 E. Adler Hoff Ln. and 7020 S. Eagle Rd. 17. Final Order for TM Center No. 1 (FP-2022-0009) by Brighton Development, Inc., Generally Located on the East Side of S. Ten Mile Rd. Between S. Vanguard Way and W. Cobalt Dr. 18. Findings of Fact, Conclusions of Law for Budget Blinds Subdivision (SHP-2022- 0003) by Stephanie Hopkins of KM Engineering, LLP, Located at 1850 W. Everest Ln., at the Southwest Corner of W. Chinden Blvd. and N. Linder Rd. 19. Findings of Fact, Conclusions of Law for Heron Village Expansion (H-2021-0027) by Tamara Thompson of The Land Group, Inc., Located at 51, 125 and 185 E. Blue Heron Ln. 20. Findings of Fact, Conclusions of Law for Moberly Rezone (H-2021-0089) by Carl Argon, Located on Parcel R0406010125, South of W. Broadway Ave. Between NW 2nd St. and NW 1st St. 21. Findings of Fact, Conclusions of Law for Victory Commons Condominiums (SHP- 2022-0002) by BVA Development, Located at 2976 S. Meridian Rd. (Lot 4, Block 1 of Victory Commons Subdivision No 2) 22. Development Agreement (H-2021-0095 Inglewood Commercial) Between the City of Meridian and James Peterson for Property Located at 3330 E. Victory Rd. 23. Development Agreement (H-2021-0101 Meridian U-Haul Moving and Storage) Between the City of Meridian and Amerco Real Estate Company for Property Located at 1230 and 1270 E. Overland Rd. 24. Development Agreement (H-2021-0052 Bright Star Care Meridian) Between the City of Meridian and Brightstar Meridian Road, LLC for Property Located at 3336 and 3340 N. Meridian Rd. 25. Artist Acceptance Agreements for Display of Artwork in Initial Point Gallery in 2022 26. License and Indemnity Agreement Between City of Meridian and Coastline Equipment for 2022 Public Works Week Mini Heavy Equipment Rodeo 27. Task Order 10567 to JUB Engineers, Inc. for Water and Sewer Replacement at E. Idaho Ave. from NE 3rd St. to 6th St. for the Not-to-Exceed Amount of $225,515.00 28. Community Development Block Grant (CDBG) Program Housing, Public Facility, and Infrastructure Project Recommendations for Program Year 2022 ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] 15. Final Plat for Graycliff Estates Subdivision No. 2 (FP-2022-0005) by KB Home, Located at 684 W. Harris St. Continued to April 19, 2022 Work Session Motion to continue to April 19, 2022 Work Session made by Councilman Bernt, Seconded by Councilman Borton. Voting Yea: Councilman Bernt, Councilwoman Perreault, Councilman Borton, Councilman Hoaglun DEPARTMENT / COMMISSION REPORTS \[Action Item\] 29. Arts Commission Annual Update 30. Historic Preservation Commission Annual Update 31. Resolution No. 22-2320: A Resolution of the Mayor and the City Council of the City of Meridian, Appointing Steve Cory, Jo Greer, Pam Jagosh, Megan Larson, John Nesmith, and Walter Steed to the Meridian Districting Committee; Directing the City Clerk to Convene the Meridian Districting Committee as Soon as Practicable; Directing the City Clerk to Post Meridian Districting Committee Agendas and Minutes on the City of Meridian’s Website; Directing the City Clerk to Post the Census Data to be Used by the Meridian Districting Committee on the City of Meridian’s Website; Establishing a Date for the Meridian Districting Committee to Transmit the Meridian Districting Plan to the City Clerk; and Providing an Effective Date Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilman Bernt, Councilwoman Perreault, Councilman Borton, Councilman Hoaglun 32. Fire Department: Fire Stations 7 and 8 Bid Package Updates ADJOURNMENT 5:38 pm Item#1. Meridian City Council Work Session April 5, 2022. A Meeting of the Meridian City Council was called to order at 4:31 p.m., Tuesday, April 5, 2022, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Treg Bernt, Jessica Perreault and Brad Hoaglun. Members Absent: Luke Cavener and Liz Strader. Also present: Chris Johnson, Bill Nary, Bill Parsons, Kris Blume, Berle Stokes, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is Tuesday, April 5th, 2022, at 4:31 p.m. We will begin this afternoon's City Council Work Session with roll call attendance. ADOPTION OF AGENDA Simison: Next item is adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: We do have one item we want to move, that's Item No. 15, final plat for Graycliff -- Graycliff Estates Subdivision No. 2. We will have a brief explanation of activity that's occurred out there. So, with that, Mr. Mayor, I move adoption of the agenda as amended. Borton: Second. Simison: I have a motion and a second to adopt the agenda as amended. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is adopted. MOTION CARRIED: FOUR AYES. TWO ABSENT. Page 4 Meridian City Council Work Session Item#1. April 5,2022 Paget-- Simison: We do have one -- Item 15 -- or yes -- 15 that was moved to the -- off the Consent Agenda. So, Mr. Hoaglun, would you like to make any comments or invite someone up to speak to them? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: We are going to move adoption of the Consent Agenda; correct? Simison: Oh. Hoaglun: Yeah. Simison: Didn't we -- we just did that. CONSENT AGENDA [Action Item] 1. Approve Minutes of the March 15, 2022 City Council Work Session 2. Approve Minutes of the March 15, 2022 City Council Regular Meeting 3. Approve Minutes of the March 22, 2022 City Council Work Session 4. Approve Minutes of the March 22, 2022 City Council Regular Meeting 5. Apex Northwest Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 6. Apex Northwest Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 2 7. Chukar Ridge Subdivision Emergency Access Easement Agreement 8. Everest Office Water Main Easement 9. Roaring Springs East Expansion Water Main Easement No. 1 10. Roaring Springs East Expansion Water Main Easement No. 2 11. Shelburne South No. 1 and 2 Sanitary Sewer Easement No. 3 12. TM Crossing Subdivision No. 5 Sanitary Sewer and Water Main Easement No. 1 Page 5 Meridian City Council Work Session Item#1. April 5,2022 Page 3 of 27 13. TM Crossing Subdivision No. 5 Sanitary Sewer and Water Main Easement No. 2 14. Topgolf Water Main Easement 16. Final Plat for Skybreak No. 1 (FP-2021-0058) by DevCo, LLC, Located at 3487 E. Adler Hoff Ln. and 7020 S. Eagle Rd. 17. Final Order for TM Center No. 1 (FP-2022-0009) by Brighton Development, Inc., Generally Located on the East Side of S. Ten Mile Rd. Between S. Vanguard Way and W. Cobalt Dr. 18. Findings of Fact, Conclusions of Law for Budget Blinds Subdivision (SHP-2022-0003) by Stephanie Hopkins of KM Engineering, LLP, Located at 1850 W. Everest Ln., at the Southwest Corner of W. Chinden Blvd. and N. Linder Rd. 19. Findings of Fact, Conclusions of Law for Heron Village Expansion (H- 2021-0027) by Tamara Thompson of The Land Group, Inc., Located at 51, 125 and 185 E. Blue Heron Ln. 20. Findings of Fact, Conclusions of Law for Moberly Rezone (H-2021- 0089) by Carl Argon, Located on Parcel R0406010125, South of W. Broadway Ave. Between NW 2nd St. and NW 1st St. 21. Findings of Fact, Conclusions of Law for Victory Commons Condominiums (SHP2022-0002) by BVA Development, Located at 2976 S. Meridian Rd. (Lot 4, Block 1 of Victory Commons Subdivision No 2) 22. Development Agreement (H-2021-0095 Inglewood Commercial) Between the City of Meridian and James Peterson for Property Located at 3330 E. Victory Rd. 23. Development Agreement (H-2021-0101 Meridian U-Haul Moving and Storage) Between the City of Meridian and Amerco Real Estate Company for Property Located at 1230 and 1270 E. Overland Rd. 24. Development Agreement (H-2021-0052 Bright Star Care Meridian) Between the City of Meridian and Brightstar Meridian Road, LLC for Property Located at 3336 and 3340 N. Meridian Rd. 25. Artist Acceptance Agreements for Display of Artwork in Initial Point Gallery in 2022 Page 6 Meridian City Council Work Session Item#1. April 5,2022 Page 4 of 27 26. License and Indemnity Agreement Between City of Meridian and Coastline Equipment for 2022 Public Works Week Mini Heavy Equipment Rodeo 27. Task Order 10567 to JUB Engineers, Inc. for Water and Sewer Replacement at E. Idaho Ave. from NE 3rd St. to 6th St. for the Not-to- Exceed Amount of $225,515.00 28. Community Development Block Grant (CDBG) Program Housing, Public Facility, and Infrastructure Project Recommendations for Program Year 2022 Hoaglun: No. We just adopted the agenda, now we are going to adopt the Consent Agenda. Simison: Okay. Then thank you. Hoaglun: Jumped ahead on me. Simison: I did jump ahead. Hoaglun: Confused me, so -- Simison: Okay. Next time is adoption of the Consent Agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: With Item 15 moved to -- off the Consent Agenda, I move approval of the Consent Agenda as amended and for the Mayor to sign and Clerk to attest. Borton: Second. Simison: I have a motion and a second to adopt the Consent Agenda as amended. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] 15. Final Plat for Graycliff Estates Subdivision No. 2 (FP-2022-0005) by KB Home, Located at 684 W. Harris St. Page 7 Meridian City Council Work Session Item#1. April 5,2022 Page 5—— Simison: We do have Item 15, which was moved off the Consent Agenda. So, Councilman Hoaglun. Hoaglun: Yes, Mr. Mayor. Bill, I understand you are going to be talking about this, as well as some other folks, just about some activity with ACHD and right of way and some things like that. So, if you wouldn't mind updating us. Parsons: Happy to, Mr. Mayor, Members of the Council. Typically we don't bring these types of issues before this body. I just e-mailed the applicant and let him know that this was actually getting removed to discuss this item. We have been waiting on ACHD to give us a clear direction on dedication of right of way for this particular project moving forward. So, give you some background, some history on what's occurred and where we are at today and, then, if you want Laren to come up and testify. He's not the applicant on the application, but he's the one that brought it to the city's attention, so he wanted to share some of that information with you as well. So, essentially, what we have here is we have a final plat that's in front of you. As far as the city is concerned the plat is consistent with the phasing plan and the conditions of approval. What we have realized recently is that this property has been sold to a different developer and at the time that this was before you the ACHD staff report considered -- so, essentially -- I will pull up Laren's presentation, so I can use his graphics for you and explain it a little bit more succinct. So, get you oriented here. So, this is Graycliff here and, then, off to the west is what's called Brundage Estates. So, it's the area bounded by Linder Road on the west and Meridian Road to the east. So, it's right in the middle of that particular section here and, then, Harris Street here ties into Meridian Road at the -- at the mid mile collector here. So, essentially, this is what we are talking about today with you and we are trying to get clarification from ACHD. So, at the time there were some properties to the west here, which is called Brundage Estates. It was entitled in 2014. At that time they had a layout, but services weren't available to that property. After that was approved, annexed and zoned, the same property owner came with Graycliff Estates and this came back before this body on several occasions, but the most recent approval was 2019. At that time the City Council approved this plat and ACHD recommended conditions of approval as part of that preliminary plat that requires a portion of this collector road to be conditioned -- or constructed as part of an off-site improvement, because it was held under common ownership. As part of that condition the area -- the developer was only required to construct a portion that would only -- construct the portion that would serve this development. So, all -- that's the reason why they only had to build a portion of that collector and, then, anything south of this intersection would be dedicated either through the Brundage -- with the Brundage Estates Subdivision to the west or with this phase when it came in. Since that time the ownership has changed. Now it's no longer under a common ownership. So, this is a -- this -- it was owned by Lee Centers. He sold it to KB Homes, who is the applicant on this particular final plat, and so now the city is trying to work with ACHD as to whether or not they are going to enforce the dedication of that additional right of way in this area here that you see circled. So, as part of the construction drawings that was submitted with the final plat, the applicant will be building this much of the collector road per the conditions, but we are trying to determine how to get this dedication to happen with this phase as perACHD's condition and that's one of the slides Page 8 Meridian City Council Work Session Item#1. April 5,2022 Page 6- — here that Laren has provided as well and how that -- this is how the condition reads. So, it's not really -- again, not a city's condition. We don't try to get involved and enforce other conditions of approval, but I have to at least commend Laren for bringing that to our attention and trying to work with ACHD staff. They--again, we have not got clear direction from them. I sent them an e-mail last week asking for clarification on this. I also e-mailed the planner asking for the -- whether or not they were going to require the right of way as part of that. Right now all we have gotten from ACHD is they -- they aren't sure how to enforce it at this point because of the different ownership. So, with that, again, if you find this is significant enough of an issue that you want it resolved, either vacate it from the agenda and we continue to work on the issue or as I mentioned to you the -- the applicant is complying with their conditions. At least they are consistent with the city's conditions and process and so if you feel like the applicant can work behind the scenes with ACHD and -- and get this resolved, then, we would just ask that you approve the plat as -- as stated or as written and, then, hopefully, at some point in the future we will get things moving. But I can tell you right now Brundage Estates has not had any other final plat approvals done on it and there has been multiple time extensions on that particular property and so that's what's raised the concern for -- for at least from planning staff is that if Brundage Estates does not receive a time extension or the applicant doesn't move forward with a time extension on that plat, then, we could be left with kind of this no man's strip of right of way that would not be extended until such time as that property came back and -- and developed consistent with the city's plans. With that I'm happy to answer any questions. Borton: Mr. Mayor? Simison: Councilman Hoaglun -- Councilman Borton. Borton: Bill, do -- do conditions of approval get placed as a requirement within a recorded DA, that they must comply with that type of condition of approval, which would, then, run with the land when it sells? Parsons: Yeah. Mayor, Members of the Council, that's the argument that we are trying to -- a conversation we are trying to have with ACHD is it's your condition of approval, the staff report is tied to the findings that are tied to -- essentially tied to the DA. But, again, it's been our stance that we don't try to enforce other agency's conditions of approval and so that's why I'm here trying to daylight the issue with you is it's -- it really is an ACHD condition of approval. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: If they -- the new property owner still is obligated to comply with, are they saying they -- they don't believe they have to comply now? Page 9 Meridian City Council Work Session Item#1. April 5,2022 Page , —— Parsons: That is my understanding. I have not been in those conversations with ACHD, I have only seen -- I have only seen the e-mails going back and forth. But I know Laren's been in more direct contact with the director over there talking about this particular issue. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. I would -- I would like to hear from Laren on this. It sounds like he might have some insight into some of these things that we are discussing as far as enforcement and what parties might be agreeing to or not agreeing to. Bailey: Thank you. Laren Bailey. Conger Management Group. 4824 East Fairview Avenue, Boise, Idaho. First I want to point out I don't go around town just trying to create problems for other developers. We have recently acquired a contract on the property south of this. We had about 40 acres and we have been able to piece together now about 80 and so this collector becomes a very important part of -- of the transportation network, as well as connectivity for pedestrians, and so our -- you know, we -- really this arose about three weeks ago. We figured out this was an issue. And I understand it's maybe not yours to solve, it's an ACHD issue. We have been trying to work with them. Just the final plat was coming up to be heard and wanted to get it out there, because we do believe that connectivity is -- is a -- is -- is a policy of the City of Meridian and it's something you guys want and have pushed for. You know, we have -- we have tried to do that where we can and just feel like it's, you know, everybody's responsibility to make those connections with development and we just didn't want to have a spite strip here. We have met with ACHD numerous times. At first I thought we had made progress, everybody was on the same page, but now they are getting relatively wishy washy and that's -- that's concerning and that's why we are here tonight, trying to make sure this gets put in, so that it, you know, affects future develop -- it doesn't affect future development and increase that connectivity. So, I -- I guess I -- I know I'm putting you guys kind of in the -- in the middle here, but we are just trying to make sure, like Bill said, the issue is daylighted and everybody's on the same page going forward. So, if you have any questions I would be glad to answer them. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: The question about the new owner of this parcel north of your parcel apparently, is that -- who is that? Is that Lee? Or was he the seller? Bailey: Lee was the seller. Borton: Who bought it? Bailey: Who was it that owns it, Bill? I'm having a -- KB Homes. Sorry. Page 10 Meridian City Council Work Session Item#1. April 5,2022 Page 8 of— Borton: So, are they taking the position to ACHD that we don't have to do that anymore? Bailey: They are saying, well, we don't own that property, so how could we dedicate it. Borton: And they didn't make that a condition of their -- Bailey: It is a condition. I mean it's Item No. 8. 1 can hand them out if you would like, the ACHD conditions. I have got handouts if you want to see them, but -- so, you know, don't -- I don't know that all issues have been exhausted with ACHD. I mean I think they are -- they are still trying to figure it out on their end, it's just the process is still moving forward and we didn't want to miss an opportunity to make sure this is taken care of. So, like I said, we are not just trying to make a problem for everybody, it's just -- it's -- it's an issue that I think deserves a little bit of thought, so -- Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: So, what are -- what are our options tonight? Simison: Approve. Deny. Nary: So, Mr. Mayor, I think -- I think what --what they are asking is, again, a continuance -- I think Sabrina is on here, too. So, the applicant's representative is also on here as well. So, it -- it has met the conditions for planning purposes, but there is this one piece that's unclear as whether it's resolved or not and it can impact all the other developments. So, I think what they are asking, essentially, is a delay again to see if we can get some different -- and, then, maybe have ACHD part of the conversation, because, again, we are getting simply e-mails from them and have them actually be a part of the conversation in two weeks or whatever. But I don't know if -- if Sabrina wants to weigh in, too, for the applicants. It's their application. Simison: Sorry, I don't see Sabrina, so that's why I don't know where she is. If she's -- Johnson: I think she's in waiting. I didn't know, with everything else on the agenda, if you wanted to go there tonight. Simison: Council, if you would like to hear from the applicant. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: If we could. I don't know anything that could be said that would probably make us feel comfortable to approve a plat -- final plat right now, as opposed to just tabling it and giving it a couple weeks to have these conversations flushed out a little more, give Page 11 Meridian City Council Work Session Item#1. April 5,2022 Page 9-— the applicant some more time to see if there is a clear explanation that gives us comfort. So, it seems appropriate just to wait. Bernt: Mr. Mayor, I would be supportive of that. Simison: It's your -- your motion, so -- Bernt: Mr. Mayor, was there a date that we want to continue this? Two weeks? Simison: I think that would be great to hear from the applicant if you really -- we are making --we are --we are doing something based upon someone who is not the applicant and the applicant's here and we don't want to hear from them. So, I think you should at least hear from them if you are going to delay to a time certain or -- make sure that they are in agreement with what has been presented to you. Is the applicant -- Sabrina, are you there? Durtschi: Hi. Can you hear me, everyone? Simison: Yes. Durtschi: Council Member? Mayor? Simison: Yes. Durtschi: Hello. Thank you for taking a few minutes to let me talk. I'm totally fine with having it tabled for a couple weeks. I actually have phase three I think is in queue with you guys in a couple weeks. So, that might be perfect timing. I did just talk to Lee Centers and he has not made any formal commitments. My goal is to help facilitate this with Lee and to get the right-of-way dedicated, but as you guys are aware, we -- I'm not in control of that land, so he was going to get back to me. So, I think that having a little extra time to talk to Lee, talk to ACHD would be wonderful. So, I would appreciate that. Simison: Thank you, Sabrina. Council, any questions for Sabrina? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we continue Item No. 15 -- do I need to give -- FP-2022-0005 to April 20th? 19th? 19th? To the 19th of April. Johnson: Mr. Mayor? Can you -- can the motion maker clarify the 6:00 o'clock or the 4:30? Bernt: 4:35 is fine. Page 12 Meridian City Council Work Session Item#1. April 5,2022 Page 10—— Borton: Second. Simison: I have a motion and a second to table this for two weeks at 4:30. Is there discussion? Councilman Borton. Borton: It would be really helpful -- perhaps it's even like on the Consent, we don't know, but if we can have Sabrina -- kind of the resolution and detail of how this is flushed out, who is committing to what and when in writing, I think that would be helpful for us to review prior to the 19th. Is that possible? Simison: I think Sabrina has been removed from the -- Borton: Well, you can convey that message. I just think it's going to be more productive for us to see that in -- however things did or didn't get sorted out. Durtschi: Sure. Council Members. Absolutely. Do you need that like a week prior? A couple days prior? Bill, do you have a preference on when you need that information by? Parsons: Mayor, Council, I think if you see it on the Consent Agenda again, the issue has been resolved. I mean that's how we can approach it. But I will certainly give you guys an update in -- in a memo form and let you know if right of way is going to be dedicated or something to that effect, so you know what's happening. Borton: Thanks. Simison: Is there further discussion on the motion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the item is continued. MOTION CARRIED: FOURAYES. TWOABSENT. DEPARTMENT / COMMISSION REPORTS [Action Item] 29. Arts Commission Annual Update Simison: Okay. Thank you. Next item up is under Department/Commission Reports, Item 29, which is the Arts Commission annual update. Turn this over to Bonnie. Or, Cassandra, are you going to introduce -- Schiffler: Mr. Mayor and City Council, I'm here to introduce the 2021 annual report by the Meridian Arts Commission and the Historic Preservation Commission and also introduce myself. I'm a new city employee. I'm the arts and culture coordinator and I do the arts and culture programming and all of the administrative functions of both of the commissions and with that Bonnie Griffith will be introducing the annual report for the Meridian Arts Commission. Thank you. Simison: Thank you, Cassandra. Thanks, Bonnie. Page 13 Meridian City Council Work Session Item#1. April 5,2022 Page 11 —— Griffith: Thank you, Cassandra. So, first of all, I just want to give a big thank you to the Council and to you, Mayor, for all the support that you give the arts over -- over time and that's certainly appreciated and I think the residents of the city appreciate that also. So, to start out with our annual report, we -- our-- our mission statement is develop, advance, and nurture all facets of the arts and to enhance the quality of life for Meridian residents and its visitors. So, in 2021 we had two commissioners leave the commission and two more join. We have Bobby Gaytan, who is part of the Public Arts Committee and Patrick O'Leary and, of course, we are delighted to have Cassandra as our arts and culture coordinator. So, the Commission is comprised of three different subcommittees, the public arts committee, the events and outreach and the Initial Point Gallery subcommittees. The public arts committee -- their purpose is to identify and develop public arts within the City of Meridian. Meridian Arts in Public Space -- in Public Spaces, MAPS, the city allocates 50,000 dollars a year to MAPS funding. Public art committee, then, identifies and develops projects with these funds. In 2021 we started a new public arts with the -- art with the park identity project for the new Five Mile Pathways trailhead. The site is the city's first gateway to the Five Mile pathway and in 2022 will continue working on this project with an open call to artists that will go out nationally. Another part of this subcommittee is the traffic box selection. The traffic box series. We did increase the artist payment for design to 600 dollars, which is more in a line which -- what -- what other cities in -- in our area are -- are paying for design. We -- we wrapped seven boxes from the artist repository and from the West Ada School District, which was funded by MAPS. Five wraps were selected from the student art show and those were installed in the urban renewal area funded by MDC. Another project of this committee is the mural series. We started out with a goal of three murals in Meridian. The first murals for the city collection. We were able to install one in this past year and that was dedicated in late fall at the Meridian Cycle and it was a work of artist Ben Konkol and that's a pretty -- pretty cool one. So, what's next? New venues identified for 2022 murals. The design phase is currently underway with the Unbound Library. The public art plan. The goal is to develop a vision for the public art in Meridian and to assist in selection of future installations of public art pieces. So, we -- we enlisted via Partnership Consultants to -- they completed a questionnaire and survey for public input. They completed a report and findings. After that MAC held a workshop to develop ideas and what's next. A continued development and implementation of the strategies, along with the new arts and culture coordinator and following the recommendations. The events and outreach subcommittee. Their purpose is to provide events and activities that engage Meridian residents in visual and performing arts in a family friendly setting. So, part of that committee is to organize the Concerts On Broadway. So, in 2021 we had three concerts following a -- a black -- dark year in '20. Those were the King of Swing, the Billy Blues Band and for the last one we had a folk heritage concert, which included four guest artists and groups. Another big project for this subcommittee is Meridian Art Week and that includes the -- the beloved Art Drop, where pieces of art are gently hid around downtown Meridian and it's finders keepers. If you find a piece of art it's yours. The annual chalk art competition, as well as other activities that include arts classes. There was a paint out with the Plein Air Painters of Idaho. Some dance presentations and the Meridian Arts Foundation had their Arts Sip. The Kleiner Park Art Party and Concerts On Broadway. And the last thing that this subcommittee did was the holiday ornament drop and so that's fashioned after the Art Page 14 Meridian City Council Work Session Item#1. April 5,2022 Page 12—— Drop and it's once again ornaments are hidden gently throughout downtown and, again, it's finders keepers. The third subcommittee is the Initial Point Gallery subcommittee and their purpose is to provide a fine art gallery space to showcase -- showcase the visual arts of the Meridian students of the West Ada School District and as well local and regional emerging and professional artists. And in '21 we came off of a year that we had very few shows at the gallery and -- and we were able to do ten one month long exhibits and one two month long exhibit and those included the West Ada School District show of the youth art. There were four large organizational groups that exhibited works of 20 to 30 artists in each show and there were six group shows that featured about 23 individual artists. So, what's next for MAC in 2022? Once again we will do the Concerts On Broadway and there is some tentative scheduled with Smooth Avenue, High Street, and Soul Patch. We will continue with the -- the Meridian Mural Series. A partnership, as I said before, with the Meridian Library District of the Unbound Library, which is currently in its design stage and, then, a final mural proposal partnership with the West Ada Recreation District at the Meridian pool. There will be a national release of call to artists for the public art project at the new Five Mile Pathways Trail hub and development of the public art plan. The traffic box maintenance is underway at this time with cleaning and there will be an installation of additional wraps from the West Ada School District and artist repository. Art Week this year is scheduled for September 7th through the 10th, which follows the Labor Day weekend and again the holiday ornament drop and 11 shows at the -- exhibits at the Initial Point Gallery are being scheduled or have been scheduled. So, with that it's always interesting to look at what the -- what the impact based on economics are for the -- of the arts in the state of Idaho and compared to nationally and it's -- it's quite significant. Arts and cultural production adds two billion dollars to the state's economy, which is about 2.8 percent of the economy based -- that can be traced back to arts and culture. The -- the number of jobs that -- that arts and culture support is almost 21 ,000 and in one year approximately 58 percent of Idaho adults attended live music theater or dance performances and an additional 37 percent of adults attended art exhibits. Nationally the arts contribute to more than 766 billion dollars to the national GDP, which is about two -- 4.2 percent -- 4.92 million workers in the arts and culture. There -- there was a -- it's created 20 billion dollars in trade surplus -- surplus for the arts and cultural products in the U.S. And this -- this information is -- is really based on a -- a 2017 survey by the National Endowment for the Arts and, you know, from -- from other presentations that we have looked at recently those numbers are -- are pretty -- pretty stable, with the exception of last -- in 2020 there was a significant loss of performing arts jobs and production, obviously, because of the pandemic. But -- but that's starting to come back. So, why are arts a good public sector investment, economic drivers, educational assets, good for health and wellness, civic catalysts and great for cultural legacies and these are just a few quotes from, you know, the National Governors Association stating that they are finding that the arts, culture, and design can be an important component of the comprehensive strategy for growth. The President's Committee on -- on Arts and Humanities quote: A society that supports the arts and humanities is not engaging in philanthropic activities so much as -- as it is assuming the conditions of its own flourishing -- flourishing and the arts are unique and revitalization of areas, as well as creating platforms by which collaboration can be attained and I think we see that in -- in revitalization areas everywhere and -- and that came from -- I believe it was the Federal Page 15 Meridian City Council Work Session Item#1. April 5,2022 Page 13 of— Bank of Atlanta that had posted that statement. So, with that I think we know -- we know that the arts are good for so many things and from the Commission I just want thank you for recognizing that the arts is important in Meridian in our community. So, thank you so very much. Simison: Thank you, Bonnie. Council, any questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you for being here, Bonnie. Had the opportunity to be involved with and attend several of the events last year and it was fantastic. So, I'm looking forward to what's coming this year. Question for you about the display that is underway for consideration at the Five Mile Trailhead. Last year I thought that there was an artist that -- that was decided upon and that a design had been worked on and there was a contract going out. Did that not come together? Griffith: That didn't -- that did not come together. So, the call is being put out again for -- for that site and so the goal is to have that completed this -- in 2022. Thank you so much. Simison: Thank you, Bonnie. Griffith: Thank you. 30. Historic Preservation Commission Annual Update Simison: Next up -- Blaine, I think you already had your introduction from Cassandra, so we will -- we will welcome Blaine to give the Historic Preservation Commission annual update. Bernt: Blaine, you look different without your cowboy hat on. B.Johnson: I know it. I know it. Bernt: Barely recognize you. B.Johnson: Hats aren't appropriate inside the building. Bernt: Cowboy hats are. B.Johnson: Hi. My name is Blaine Johnson. I am president of the Meridian Historic Preservation Commission. We have a great commission. Some new members. I think it's important to recognize them. So, our Commission Members are Destinie Hart, Tyler Ricks, Pam Jagosh, John Dinger, who are new this year. Jody Ault and our youth Page 16 Meridian City Council Work Session Item#1. April 5,2022 Page ——27 Commissioner Jack Keller, who I'm glad he's a freshman. Hopefully we can get him for three or four years and stay on our Commission. So, I'm excited about that. We are continuing our historic virtual tours partnering with Whole Films to create those. From reading history newly completed sites are Meridian City Hall, the Creamery, and Meridian Speedway and all those are available online. The link is -- is there on the city's website. Go through everything. So, those are really exciting for us. National registry is -- is probably the biggest undertaking we have -- we are trying to do. We were awarded a grant from SHPO for 2,000 dollars for reconnaissance survey for the Speedway. We are in the final phases of that. TAG, the group that's done that work for us, submitted all the final paperwork at the end of last month to the State Historic Preservation Office. They had the final say in June. That goes on to national. We should hear this fall whether or not national approves that. So, keep your fingers crossed and with any luck we will have a new national registry place here in -- in the city. Preservation Month was tough these last couple of years with the pandemic. We haven't been able to do anything in person. We have done some virtual things. Scavenger hunts. A few participants last year, but, again, due to the pandemic I think we had -- people were afraid to get out a little bit. We are hoping to have some live events this year. We have scheduled tentatively the curator actually from the Owyhee County Historical Museum to come in. He's got the old school bus that was the history centers. Hopefully bring that down here. Park it. Maybe we can take tours with that. And, then, he's got some displays for the railway in southern Idaho, which will kind of tie in with what SHPO has for the mining history of Idaho, because without railways the mines wouldn't have worked, couldn't have got the ore to the smelter. So, that's what's on tap for preservation month. Certified local government. We are required by SHPO to have continuing education units for our Commission Members. This past year we had three Commission Members virtually attend the pass forward conference for those, so that was a good -- good thing for us. Part of our certified local government status suggestion from SHPO is that we undertake an intensive survey and their comments were that we should look at North Meridian. So, Broadway up to Cherry and, then, that area. So, that's an undertaking that we want to get started on also. I think that covers that. I don't multitask very well. Continuing education, which I covered. What's next. We started social media efforts last year with Instagram and Facebook and Tyler Ricks, one of our commission members, has been doing a great job finding --finding posts to put on that, so we get those out Thursday -- throw back Thursday on Instagram, so we usually try to post something on Thursday to deal with history. I need to thank Cassandra for her work to get those things out for us. So, I would encourage members of the City Council to like, follow, share our posts. The more you guys like and share that just increases our exposure out there to the public. We are also exploring new sites for listing. Right now we are also talking about looking at Zamzows Mill. So, hopefully, once we get the -- the Speedway done we can start looking at Zamzows Mill for possible listing on the national registry also. Architecturally it's not much of anything to look at, but historically and culturally for the City of Meridian it's very important for the city. We want to recognize the importance of that facility to the city. With that I would like to thank the Mayor's office, City Council, city staff for all that you guys do for HPC. Without your support we couldn't do what we do and we thank you and with that if you have any questions, suggestions, comments I'm here to take them. Page 17 Meridian City Council Work Session Item#1. April 5,2022 Page 15—— Simison: Thank you, Blaine. Council, any questions? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Blaine, I had a nice walk with Mr. Nourse last week and you may already have this, but is he part of the interview package that you have cataloged and interviewed and -- B.Johnson: Lila has done that and on the virtual tour, not only on ours, into the smartphone apps, but on the website, the Nourse house, Lila, I believe has interviewed him and talks about -- Borton: Good. B.Johnson: -- his family history and the house and everything like that. So, yes, that is included. Yeah, that's a great wealth of knowledge of that gentleman. I wish I could pick his brain every day. You could learn something new every day. Borton: Yeah. No doubt. B.Johnson: Yeah. Borton: Unbelievable. So good. I'm just glad it's been cataloged. He was telling stories from the '30s that -- B.Johnson- Yes. Borton: -- blew me away. Simison: Council, any additional questions or comments? Thank you, Blaine. B.Johnson: Thank you so much. 31. Resolution No. 22-2320: A Resolution of the Mayor and the City Council of the City of Meridian, Appointing Steve Cory, Jo Greer, Pam Jagosh, Megan Larson, John Nesmith, and Walter Steed to the Meridian Districting Committee; Directing the City Clerk to Convene the Meridian Districting Committee as Soon as Practicable; Directing the City Clerk to Post Meridian Districting Committee Agendas and Minutes on the City of Meridian's Website; Directing the City Clerk to Post the Census Data to be Used by the Meridian Districting Committee on the City of Meridian's Website; Establishing a Date for the Meridian Districting Committee to Transmit the Meridian Districting Plan to the City Clerk; and Providing an Effective Date Page 18 Meridian City Council Work Session Item#1. April 5,2022 Page 16—— Simison: Council, the next item up is Resolution No. 22-2320. A resolution appointing members to the Meridian Districting Committee. I had an opportunity to speak with each of these six individuals, all of which have a relationship with the city currently. They all are currently serving on one of our City Commissions. I think they -- they definitely meet all the intent of the ordinance. We have two people south of the interstate, four people north of the interstate and three people east of Meridian Road, three people west of Meridian Road, but, more importantly, I think if you look at the backgrounds and knowledge, we have a former city council member, so someone who has some knowledge of serving. We have a current elected official, who, again, can bring that element to understanding what it means to represent and serve others. We have got someone who was helping the state on their redistricting process, having some of that knowledge and background through that process and, then, we got just some people who are longtime Meridian residents who have given lots of service. So, I would be happy to answer any questions you have about this group. Otherwise, I know they are ready to get to work and fulfill the duties of the committee and move forward to get these things set up by the date and I guess the one last thing I will say is they have all committed to not having an interest in running for the next five years. I don't know how technically we can prevent them from doing that in -- in this, but they have fully expressed that that's not their desire, you know, from that standpoint. So, happy to answer any questions or take comments. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor, just wanted to see if they have -- did talk about the due date and it talks about having a plan -- districting plan to the city clerk no later than June 28th. So, that gives them just a little more than two months. So, you're confident they can -- they can do that. Simison: May. June. June -- was it June or July? I think -- I think the -- there is -- there is -- yeah. I think there is plenty of time to get it done from that perspective. I -- I didn't look to see how they backed out the date, just to make sure we could have it in place by August. That seems to be pretty early for the August date for noticing purposes. But -- yes. Johnson: Mr. Mayor, I just have to look at the ordinance to see, but we did allot plenty of time there. I don't -- I would have to look up what the June date is, but my recollection is we have public meetings in June and July and, then, an ordinance before Council in August on a public hearing. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Page 19 Meridian City Council Work Session Item#1. April 5,2022 Page " —— Hoaglun: Yeah. It just -- section five does talk about -- is hereby directed to transmit the Meridian district plan to the city clerk no later than June 28th, 2022. So, that's going to -- Simison: That's three months. I think that's -- they are ready to get to work and they have already started working on setting up dates, so -- Hoaglun: Great. Thank you. Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move we approve Resolution No. 22-2320, appointing members to the Meridian district committee. Borton: Second. Simison: I have a motion and a second to approve Resolution No. 22-2320. Is there any discussion? If not all those in favor -- or do we need to do this by roll call? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, absent; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, absent. Simison: All ayes. Motion carries and the resolution is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. Simison: So, Mr. Clerk, they are now your charge to meet those deadlines and time frames. 32. Fire Department: Fire Stations 7 and 8 Bid Package Updates Simison: Next up is Item 32, Fire Department department report for Fire Station 7-8 bid package update. I will turn this over to Chief Blume. But, as you can see, he's got a whole host of people here to assist him to provide this information. Blume: All right. Mayor, Members of Council, thank you very much for the opportunity to provide you an update on where we are in the bid process for Fire Stations 7 and 8. The information that I have -- and, obviously, there is an entourage here -- is intended to provide a snapshot or a screenshot, a moment in time of where we are right now in the bid process and I think that that's important, because the bids are not complete. Like said, I have an entourage. I have ESI here and the ownership team with the City of Meridian. We have finance, procurement, and they are here to answer any specific questions you might have. I'm here to give you some -- the broad picture of where we are at in this process. So, ESI sent out the bid packages on February 18th. The bids closed on -- on March 22nd -- on 21 st. There were 22 bid packages. Sixteen of those received what are considered legal responsive bids. So, there are still six bids -- or six Page 20 Meridian City Council Work Session Item#1. April 5,2022 Page ——— bid packages with unknown values that are still outstanding and approximately -- we are approximately 20 percent over last year's approximated estimates. So, that puts it approximately one million dollars per station over estimates from last year. On April 11th we will have rebids back from those six that were either not complete bids or they were under some VE -- being looked at from a VE perspective. So, we will able -- we will be able to give you a more complete picture in the future once we get done with those three bids and on April 19th we are going to have the site work, as well as the police precinct rebid, which will give us a more complete picture for not only the rebids, but also the site work and the police precinct in the north. So, that's where we are at right now, as, again, a snapshot, screenshot in time, a moment in time and on April 26th, when all the bids hopefully -- hopefully are back and acceptable, we will be able to give you a -- a more clear estimate. Simison: Thank you, Chief. And if I could just add, you know, I think part of the conversation was we want to make sure that we understand the full picture, rather than moving forward with some of the information at this time, so the Council can make -- knows exactly what the costs are going to be for those outstanding items, which is why the direction was at this point in time to wait until we bring everything back to one -- one package for Council consideration at that time. But with that, happy -- the chief is happy to answer any questions or ESI or the design team or Finance and Purchasing -- who are over there by themselves for some reason -- Blume: For some reason. Simison: Council, any questions? Perreault: Mr. Mayor? Blume: Yes, sir. That was -- that was what I had to present. Sorry. Simison: Council Woman Perreault. Perreault: Thank you. Kris, you probably don't have all the -- the specific little details, but if you could just give us a big picture understanding of the increases, if there is a particular area that's causing that increase, one or the other, and how that is comparing to other increases being seen on similar sized projects. Blume: Mr. Mayor, Council Woman Perreault, excellent question. That's exactly why we have ESI here this evening to address that. Martz: Thank you, Mr. Mayor and Members of the Council. It's an excellent question. It's something we have been experiencing I think since we last spoke when ESI was here. It's really across the board on all packages, all scopes of work. You know, we -- we have seen fluctuations up and down with corrections in the market, supply chain issues, obviously, fuel cost issues. So, there is no real single targeted package that was outstanding. You know, there is a few that were definitely more than we anticipated being Page 21 Meridian City Council Work Session Item#1. April 5,2022 Page ——— up in the market, but we are working through -- Chief Blume discussed identifying value engineering options to identify cost opportunities for the city and the fire department. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: So, I'm sorry that you're the guy that's standing in front of me right now. I -- you must have drew the really small straw, but -- and I get -- I'm in the construction business. I get it. But I asked you guys point blank multiple times same question three times in a row about why you guys were estimating buildings that had the same budget as buildings that were built two years ago and you guys specifically said -- remember? Specifically said don't worry, we got it. You know, we have built in contingencies. We are going to be just fine. So, you said that you built in the contingency, like, what, ten, 15 percent and now it's 20 percent above that and you still don't have all your bids back yet. Martz: So, just to recap on that, at the time when we last spoke, yes, we were estimating the fire station -- Bernt: I can even tell you the date. It was July 20th. Martz: Yep. July 20th. Council meeting. We were here. You know, it was mid COVID. At the time in the market, obviously, we were coming out of COVID. Supply chain issues were starting to relax a little bit. We were getting market reports from our trade partners and suppliers that things were projected to settle down. You know, as we also discussed, the crystal ball is kind of broken, it's hard to read at this time in the market. We were projecting at that time things to settled down. Obviously they haven't settled down and especially in Boise, Meridian, Nampa areas we are experiencing a large growth of population in the area. So, the residential is also affecting, you know, the supply chain issues locally. So, it's -- it's -- it's been a really tough year, you know, in construction, but it's not just this single project, it's not just our company, it's sub -- subcontractors, suppliers, everyone in the area, it's -- it's -- you know, we are getting weekly price increases and, you know, some -- some trades are saying, you know, we are -- we can only hold this --this number until Friday, you know, we are getting the bid on Monday. So, it's been a really tough -- tough markets to project and we are doing everything we can to ensure that we are -- we are getting the lowest possible price for the city. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I don't know if I get that. I mean all of those factors existed last year. I mean all the pressures -- everything was the same. Even worse in some cases. And so this is how I took it. I'm not in the business, but I took it -- we have all those factors, all of the tremendous growth, everything's the same and because of all of that the estimates were six and a half million; right? So, all of those factors you already assumed were present. Page 22 Meridian City Council Work Session Item#1. April 5,2022 Page 20—— Nothing's changed. But we are off 20 percent. Seven figures. That's -- that's surprising to me, because there is no new element in the last nine months. You have -- you don't have Texas freezes and -- and things stuck in canals; right? But -- yeah. So, that's a big miss. Martz: Yeah. So, to reiterate, you know, at the time we, obviously, were experiencing large escalation in the market, but, again, communicating with our suppliers and trade partners and trying to project out, you know, the nine months ahead, you know, indications were saying, you know, these -- these items are going to relax, you know, we saw that with -- with the timber products, you know, they dropped in price and, then, you know, recently in the spring we saw an uptick in -- in the timber market again. So, you know, some -- some aspects did -- did trickle down, but other ones just kept going up with escalation and they just did not stop as far as what we were projecting at the time of actually settling down, they just kept going up. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I know we are throwing a lot of questions at you, but I really -- I really do want to understand -- as the decision makers we really need to have a good grasp on this. So, you know, first six months of COVID nobody's working, but there is still some supplies that -- you know, some overage in supply and we go through that and, then, still no one's work -- especially in areas of the country that were really -- really closing things down, whether they had large populations or they -- they had more restrictive rules with COVID. Okay. I get that. Last year people were back at work, but there is a short -- shortage of labor, okay, so -- but -- so, help me understand how, then, that actually affects product issues, because we are two and a half years -- or two years, I guess, past this and we are still not seeing more product coming through, yet people have been back to work for a year. So, first it was, you know, nobody's working. Then it was a shortage of labor. Is this really a labor problem? Is this a problem that now, you know, oil costs have gone up, so everything that's created that's plastic and that uses oil for -- for its manufacturing -- mean I'm still -- I'm just really struggling with that -- that labor element of it when we -- things have been back open again now for quite some time. Martz: Yeah. It's an excellent question and, you know, obviously, there is a lot of factors that play into the construction market, the material demand and I think we all could talk about COVID and all the impacts and geopolitical aspects of it, but, really, just kind of on a high level SparkNotes version of it, you know, the construction industry -- you know, when COVID shutdowns hit, you know, a lot of suppliers, manufacturing plants shut down. In projecting that, you know, we are going to be seeing this COVID virus take a large impact in health and community, but as time went on, you know, construction still kept going, growth still happened in the area, you know, our projects stayed open through COVID, we are still pushing through trying to make sure we are meeting our end dates. And that lag of the shutdown really affected the manufacturing of supplies. We have even had, you know, discussions with siding suppliers where they are -- they are simply cutting Page 23 Meridian City Council Work Session Item#1. April 5,2022 Page 21 —— out, you know, high end materials and just going with the basic materials, because that's -- that's all they can keep up with at the time of the housing boom going on in the country and locally. So, it was that lag that really affected the supply chain and, you know, we are still working through picking up on that and we are starting to see signs that it's getting better, but the growth rate and the labor shortage, because of that growth rate, is really still affecting everything locally and, you know, we can -- we can certainly follow up with a more, you know, in-depth review of the market and everything, but just as a high level those are some key factors. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I -- you know, you are a smart guy, for sure, but I don't know if you would ever know the answers like to the global crisis we are experiencing. I -- I see it in my business, too. That's the reason why I asked you these questions a year or two ago, because knew that -- Martz: Yeah. Bernt: -- we probably would be having these conversations today. But enough about that. So, I -- one of the questions I had regards the bidding process. So, I remember that we -- at least the last conversation that we had we were going to bid these projects out separately, including the precinct. Why are we bidding them together? Martz: So, excellent question. So, from a design standpoint -- and we can bring up the city team members as well. I believe we received approvals for the project, because at the time last summer it was four projects. It was two projects -- you know, we didn't know exactly where it was going to go. I think August is when we received that approval and I would have to check the dates to go forth with that. From that approval the design schedule set it up such that the police and north site were going to be coming after the two fire -- you know, the fire stations were the same design, so it's -- it was a little bit faster to design those together and we met as a team -- oh, excuse me. Met as a team, met with the Mayor to discuss his strategy and what would be best with the design stance at that time, trying to, obviously, make it on the market earlier. You know, we always find that bidding early first quarter is the best time to bid, everyone's trying to build their backlog and that's what we were really trying to target by getting those two stations, economies of scale, you know, same station, hopefully, better buying power, just looking back at historical and that was the reason why we bid these out prior to the precinct being available with the north site. Bernt: But -- Mr. Mayor, follow up? Simison: Councilman Bernt. Page 24 Meridian City Council Work Session Item#1. April 5,2022 Page 22—— Bernt: So, I -- I get that. I mean I get economies of scale, but I -- I think -- if I'm remembering correctly, the reason why we were wanting them done separately is to find out what the cost was per building -- per project, just in case, you know, we got numbers back that were astronomical, completely out of your control, not your fault. I get it. Same things happened to me. Totally get it. But the likelihood of that happening was -- in my opinion was going to be high. So, if we decide -- and I might -- this is -- I'm not -- I'm not saying we are going to build one or two or five, but if we decide what -- you know, in the future we just need to do something about this. These are too expensive. Are we in a position where we can figure out, okay, this is the cost for this building, these are the costs for this building, these are the costs for this building and this is the cost for this building -- to be able to -- for us to be able to make educated decisions, smart decisions on behalf of the taxpayers of Meridian. Martz: Yeah. So, kind of two part answer here. So, we -- from the beginning we have -- we have planned to -- regardless if they are bid together or separate, we plan to separate each of the projects out--the fire from the police budget from a value standpoint for billing; right? For doing budgets. Concerning being able to do one or more -- one or two stations, we would have to talk with purchasing and -- and really dig into the state statute and see what options we have available and that standpoint and that juncture. So if, you know, we bid the two stations together, just ensuring that, you know, if we are to split and say in hypothetical -- Bernt: Hypothetical I get it. No, I get -- I'm trying to protect you. Hypothetical. Martz: Yeah. Hypothetical we would have to, you know, evaluate with legal, subcontractors. So, it's probably not going to be a 50-50 split just from the buying power. We would have to discuss and research that after -- Bernt: Fair enough. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: And moving forward we know this is a crystal ball and, you know, we hear home builders who are -- you know, they tell their clients here is -- here is the price, but you have to cover all the costs that exceed that when --when their supplies come in, because they cannot give an actual bid, because it changes. Like you said, you can guarantee it Friday, but come Monday it's -- it's going to change. So, I'm trying to figure out on April 26, all bids are due -- and I don't know, this might be a Keith Watts thing or someone else. But what happens after that? They have these bids -- we have bids and we will have a price, but it may be that that price is only guaranteed for such a short period of time and we know the project's going to take way longer than that. Martz: Yeah. So -- so, in our planning and discussions as a team we -- you know, 1, obviously, plan out with the City Council and bid dates, so that we present the findings Page 25 Meridian City Council Work Session Item#1. April 5,2022 Page——— from the bid effort, get approval before the notice to proceed. Part of our bid package requirements is establishing a bid hold of price for a certain duration out to help protect the city, you know, from anyone claiming escalation increases. So, that was part of our bid -- bid packaging requirements. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Follow up. Do you think that will be successful or are people not willing to bid because of that? Martz: I think it's been successful, honestly. I truly think any -- any results in numbers is truly a function of the market and how much work is available on the streets and, again, back to why we really strive to -- to bid earlier in the year than later. Hoaglun: I guess one last question -- Simison: Councilman Hoaglun. Hoaglun: -- is if you want to dive into the crystal ball again, we know the feds are going to raise interest rates and, then, different things are happening down the road, who knows what's going to happen. Do you want to weigh in on that? But, you know, plead the Fifth. I understand. Martz: Oh. No. I don't want to read into the crystal ball today. Thank you. Perreault: Mr. Mayor? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: No. Go ahead. Simison: Council Woman Perreault. Perreault: So, along those lines of Councilman Hoaglun's question, are they -- are these contractors bidding high with -- because they are having to guarantee -- I mean is that why we are seeing this? Is there an element of where they are bidding extra high not knowing what's going to happen during the months that they are guaranteeing this? Martz: I don't believe so. It's not specific to this project, no. I think it's -- again, it's a market wide item that they are coordinating with their supplier on a week-to-week basis and, you know, on the private sector, we are able to procure materials early, whereas on the public sector we -- we have official processes that we have to follow. Page 26 Meridian City Council Work Session Item#1. April 5,2022 Page——27 Borton: Mr. Mayor? Simison: Councilman Borton. Borton: So, was this bid in a way that lets us pick station seven alone? Martz: So, again, that's something we would have to talk to legal about and look at the opportunities that we have moving forward. Borton: So -- and this is -- I guess these questions are for anybody who wants it. We got a crowded room, but -- so, not -- if it's not you certainly pick somebody else. Why is that? Well, there was -- because there was really difficult discussion amongst us and great concern that I had that this exact scenario is exactly what would happen and I don't think it's a crystal ball. I think you and your crew are pros and have the best ability to provide the most accurate estimate. Now, we rely on that. So, when you said six five, that's the best number you can ever provide by somebody who is doing this business daily in this valley. So, that's really important to me. But there was great discussion about the real possibility of station seven could be the singular item built, because of this one particular issue. So, where did the direction come to not allow us to have that flexibility in light of this real cost concern? Martz: So, it was a -- I would say it's a team effort through the design process of identifying, you know, here is where we are at with the design, here is what we are going to have available for design, what can we bid as a package together to try and get those benefits of a larger package, especially two fire stations that are the same. Borton: But who on the team -- who says it? I mean somebody -- is it Mary? Is it Sue? Who says bid them together and that's what happened. That's what I'm trying to get at. Because the opportunity is lost. I don't know -- I think you probably have to rebid the whole thing. The direction is let's do Station Seven. Hell, it might be nine million dollars. Let's do Station Seven. You probably got to rebid the whole thing, don't you? Martz: I mean -- Morton: Probably do. Martz: I'm not going to -- Morton: I mean if someone else -- Martz: If I don't -- you know -- Morton: Yeah. Again, I'm not -- I'm just saying anyone here. Martz: No. No. I -- you know, I have done a few fire stations, so it's -- Page 27 Meridian City Council Work Session Item#1. April 5,2022 Page 25—— Borton: Feel like that opportunity is lost and if that's -- let's just say it. Watts: That's -- that's probably the most likely case. I don't think -- if we were -- if the city was doing a bid and we had two things in one bid number, I don't think legally that we would be able to separate those. Yeah. I just -- Borton: It wouldn't take the subs to do it. Watts: What's that? Borton: I don't know if the subs could do it. Watts: Well, that would be a whole other thing to have that conversation with the subs to see if they would even be willing to. Like you said, it wouldn't be a 50-50, because there is an economy of scale. That's the reason for -- for going out at the same time for everything. But I don't -- I don't believe you could separate it legally. Borton: Okay. Watts: I mean at that point that's when we start getting protests from the guy who was number two that says, well, if I would have known that I could have done this and that's why the statutes don't allow for that. Borton: Okay. That makes sense. Thank you. So, if somebody somewhere said do them together -- Martz: I think as a team, you know, we all met as a collaboration and, you know, consulting with the Mayor, we -- we determined that this was the best course of avenue or option at the time. The design and the market and trying to get the bids going. Borton: Okay. Mr. Mayor, are you okay if we just -- it would be quicker just to -- Simison: Yeah. Borton: Quicker back and forth. Thank you. Okay. And that decision -- group decision came at a cost, because we might be a little bit stuck now. So, who -- who is our -- and maybe someone in the room -- who is our internal city project manager for it? I assume it's Stacy. Okay. Is -- how does that relationship work going forward? Is Stacy in charge of-- the project manager work for the city, because there is also great risk in making sure project management is done properly. We have seen that in prior fire stations. That's critical. Martz: Are you talking on -- on site construction management from ESI project management? Borton: Project management from the city's perspective. Page 28 Meridian City Council Work Session Item#1. April 5,2022 Page——— Martz: Sorry, I don't think I understand the question. Borton: If I'm not phrasing that right, whether Chief Blume or Keith, somebody describe how -- I mean that's Stacy's job. I figured she's the one doing it. Freitag: Mr. Mayor, Members of Council, so our perspective on this is Stacy acts as our city construction manager in terms of the go between with ESI and all of our city processes, primarily administrative management I guess I would refer to it as. So, all invoicing goes through her, meetings through her, but as far as actual construction on site that's ESI. Borton: Yeah. Okay. Freitag: Does that help? Borton: It does. I mean that -- that was a big improvement with Station Six. Freitag: Yes. Borton: Having her the top of the food chain here from the city's perspective is critical. So, that's going to be the structure. She's in charge going forward, seven -- or seven or eight or however this -- Freitag: That is our intention is Stacy will act as the primary source of information for the city. She understands what we need. She understands what they need. Everything flows through her. But as far as the actual construction management piece, ESI controls that, because of the -- the nature of a GMCC contract, so -- Borton: Good. Good. Thank you, Alex. Freitag: Yeah. No problem. Simison: Council, any additional questions? This was just -- I understand that there was outreach to the department. This was really an intention to let that outreach be here, so everyone can hear all the information at the same time about where we were and where things are moving forward at this point in time, but it sounds like, you know, there will be more information coming back, obviously, when we get it, but I just wanted to make sure everyone had the opportunity. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Is there any information or perspective from the Council -- and we have had meetings and it's all on record -- that anyone thinks is unclear? Speak now if there is something that we are not sharing crystal clear. Okay. Page 29 Meridian City Council Work Session April 5,2022 Page— —— Martz: Thank you. Simison: Appreciate it. With that, Council, we have reached the end of our work session. Do I have a motion? Hoaglun: Move to adjourn, Mr. Mayor. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 5:38 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 4-19-2022 ATTEST: CHRIS JOHNSON - CITY CLERK Page 30 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the March 15, 2022 City Council Work Session Page 4 Meridian City Council Work Session March 15,2022 Page 18 of 18 Hoaglun: All those in favor of adjourning say aye. Any opposed? We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5:24 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 4 / 5 / 2022 PRESIDENT BRAD HOAGLUN DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 22 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the March 15, 2022 City Council Regular Meeting Page 23 Meridian City Council March 15,2022 Page 15 of 15 Borton: Just briefly. There has been a lot of public input and questions about the trophy that sits over my shoulder. I just wanted to explain briefly. That trophy actually is the Garage Time Fantasy Football League Championship that I was able to win this year. There has been a lot of questions and input asking about how that happened, so I just wanted to clear the record first by thanking Mike Hanneman, the Garage Time host. Roger Higginbotham, our commissioner, who does a fantastic job every year and to Jimmy Carr. Jimmy Carr, as most of you don't know, traded me as second and third round picks and with those pics I was able to get Cooper Kupp and Deebo Samuel. That paved the way for a great season, ultimately leading to a Garage Time Championship and the trophy that sits over my shoulders. So, a lot of -- a lot of people to thank. A lot of good folks involved in winning the championship. I'm proud to displayed it here in City Hall. Great efforts from a great league and appreciate those folks that made it all happen. Hoaglun: Well, Councilman Borton, please accept my congratulations, but, please, know there will not be a parade thrown in your honor. Bernt: Mr. Mayor? Hoaglun: Councilman Bernt. Bernt: Mr. President. Excuse me. Any Cap Part discussion this evening? No? Okay. Borton: Just trophies. Bernt: Just trophies. Hoaglun: Well, let's go to the final item on the agenda and that is adjournment. Do we have a motion? Borton: I move we adjourn. Bernt: Second. Hoaglun: All those in favor of adjourning say aye. Opposed? We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 6:26 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 4 5 2022 PRESIDENT BRAD HOAGLUN DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 38 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the March 22, 2022 City Council Work Session Page 39 Meridian City Council Work Session Item#3. March 22,2022 Page 14 of 14 Simison: Council, do I have a motion? Hoaglun: Mr. Mayor, I move we come out of Executive Session. Borton: Second. Simison: Motion and second to come out of Executive Session. All in favor signify by saying aye. Opposed nay? The ayes have it. MOTION CARRIED: FOUR AYES. TWO ABSENT. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move we adjourn the work session. Simison: I have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MEETING ADJOURNED AT 5:17 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 4 / 5 2022 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 53 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the March 22, 2022 City Council Regular Meeting Page 54 Meridian City Council Item#4. March 22,2022 Page 38 of 38 Perreault: I move that we approve Ordinance No. -- is it 19-1812? With suspension of rules. Hoaglun: Second the motion. Simison: I have a motion and a second to approve Ordinance No. 19-1812. Is there any discussion? If not, Clerk will call roll. Roll call: Borton, yea; Cavener, yea; Bernt, absent; Perreault, yea; Hoaglun, yea; Strader, absent. Simison: All ayes. Motion carries and the ordinance is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics? All right. Then do I have a motion to adjourn? Hoaglun: Mr. Mayor, move to adjourn. Simison: I have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 4:72 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 4 / 5 / 2022 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 92 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Apex Northwest Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 Page 93 ADA COUNTY RECORDER Phil McGrane 2022-033763 BOISE IDAHO Pgs=10 BONNIE OBERBILLIG 04/06/2022 08:03 AM CITY OF MERIDIAN, IDAHO NO FEE ESW-2022-0144 Apex Northwest Subdivision No. 1 Sanitary Sewer and Water Main Easement No.1 SANITARY SEWER ANDMATER MAIN EASEMENT THIS Easement Agreement, made this 5th day of April 2022 between _Smith Brighton Inc. ("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) 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. Sanitary Sewer and Water Main Easement REV.01/01/2020 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 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: SMITH BRIGHTON INC. Robert L. Phillips, President STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on March$ 2022 (date) by Robert i.. Phillinc (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 Smith Brighton Inc. (name of entity on behalf of whom record was executed), in the following representative capacity: President (type of authority such as officer or trustee) _(dam ) _ `Q 0 �I At,kh, SHARIVAUGHAN Notary Public-State of Idaho Notary Signature Commission Number 20181002 My Commission Expires Jun 1, 2024 My Commission Expires: Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020 Page 95 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 4-5-2022 Attest by Chris Johnson, City Clerk 4-5-2022 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 4-5-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires- Sanitary Sewer and Water Main Easement REV.01/01/2020 Item#5. E N G I N E E R I N G November 18,2021 Project No.:20-155 Apex Northwest Subdivision No. 1 City of Meridian Sewer and Water Easement Legal Description Exhibit A Parcels of land for a City of Meridian sewer and water easement being a portion of the Southeast 1/4 of the Southeast 1/4 of Section 31,Township 3 North, Range 1 East, B.M., City of Meridian,Ada County, Idaho being more particularly described as follows: Commencing at an aluminum cap marking the Southeast corner of said Section 31,which bears S00°32'22"E a distance of 2,700.07 feet from a brass cap marking the East 1/4 corner of said Section 31, thence following the easterly line of the Southeast 1/4 of said Section 31, N00°32'22"W a distance of 267.85 feet; Thence leaving said easterly line, S89°27'38"W a distance of 38.50 feet to the westerly right-of-way line of S. Locust Grove Rd. and being POINT OF BEGINNING 1. Thence leaving said easterly right-of-way line, N89°42'21"W a distance of 146.06feet; Thence S00°16'52"W a distance of 31.69 feet; Thence S26°34'53"W a distance of 59.87 feet; Thence N89°43'32"W a distance of 431.08 feet to a point hereinafter referred to as Point"A"; Thence N00°16'45"E a distance of 32.00 feet; Thence S89°43'32"E a distance of415.14 feet; Thence N07°48'59"E a distance of 64.59 feet; Thence N00°16'52"E a distance of 348.58 feet; Thence S89°42'21"E a distance of 34.00 feet; Thence S00°16'52"W a distance of 327.24 feet; Thence S89°42'21"E a distance of 145.60 feet to said easterly right-of-way line; Thence following said easterly right-of-way line,S00°32'22"E a distance of 32.00 feet to POINT OF BEGINNING 1. Said parcel contains 0.755 acres, more or less. TOGETHER WITH: Commencing at a point previously referred to as Point "A",thence N69°51'12"W a distance of 71.24 feet to POINT OF BEGINNING 2. Thence 15.70 feet along the arc of a curve to the left,said curve having a radius of 30.00 feet,a delta angle of 29°59'12", a chord bearing of N74°42'44"W and a chord distance of 15.52 feet,- Thence N89°42'21"W a distance of 490.50 feet; Thence 13.53 feet along the arc of a curve to the left,said curve having a radius of 28.00 feet,a delta angle of 27°40'37", a chord bearing of S76°27'20"W and a chord distance of 13.39 feet; Thence N00°16'52"E a distance of 26.40 feet; Thence 13.51 feet along the arc of a curve to the left,said curve having a radius of 28.00 feet,a delta angle of 27°39'04", a chord bearing of 575°52'49"E and a chord distance of 13.38 feet; 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com page 97 Item#5. Thence S89°42'21"E a distance of 265.01 feet to a point hereinafter referred to as Point"B"; Thence N00°16'52"E a distance of 280.05 feet; Thence N89°42'21"W a distance of 264.99 feet; Thence 13.53 feet along the arc of a curve to the left,said curve having a radius of 28.00 feet,a delta angle of 27°40'37",a chord bearing of S76°27'20"W and a chord distance of 13.39 feet; Thence N00°16'52"E a distance of 26.40 feet; Thence 13.53 feet along the arc of a curve to the left,said curve having a radius of 28.00 feet,a delta angle of 27°39'04",a chord bearing S75°52'49"E and a chord distance of 13.38 feet; Thence S89°42'21"E a distance of 357.00 feet; Thence 43.99 feet along the arc of a curve to the left,said curve having a radius of 28.00 feet,a delta angle of 90°00'47",a chord bearing of N45°17'16"E and a chord distance of 39.60 feet; Thence N00"16'52"E a distance of 71.99 feet; Thence S89°42'21"E a distance of 20.00 feet; Thence S00°16'52"W a distance of 372.06 feet; Thence 19.51 feet along the arc of a curve to the left,said curve having a radius of 28.00 feet,a delta angle of 39°54'57",a chord bearing of S19°40'36"E and a chord distance of 19.11 feet; Thence S89°43'08"E a distance of 93.98 feet; Thence S00°16'52"W a distance of 34.07 feet to POINT OF BEGINNING 2. EXCEPTING THEREFROM: Commencing at a point previously referred to as Point"B",thence N63043'35"E a distance of 22.36 feet to POINT OF BEGINNING 3. Thence N00°16'52"E a distance of 270.05 feet; Thence S89°42'21"E a distance of 40.01 feet; Thence S00°16'52"W a distance of 10.04 feet; Thence S89°43'08"E a distance of 53.47 feet; Thence 19.51 feet along the arc of a curve to the right,said curve having a radius of 28.00 feet,a delta angle of 39°54'57",a chord bearing of S19°40'36"E and a chord distance of 19.11 feet; Thence S00°16'52"W a distance of 224.05 feet; Thence 19.53 feet along the arc of a curve to the right,said curve having a radius of 28.00 feet,a delta angle of 39°57'42",a chord bearing of S20°15'44"W and a chord distance of 19.14 feet; Thence N89°43'08"W a distance of 93.46 feet to POINT OF BEGINNING 3. Said parcel contains 0.802 acres, more or less. Said description contains a total of 1.557 acres,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. °-4. 1 a �124590 0 0 F City of Meridian Sewer and Water Easement 'I�' •��i Apex Northwest Subdivision No.1 PAGE 12 page 98 Item#5. FOUND BRASS CAP EAST 1/4 CORNER m SECTION 31 0 L6 0 a I I I o I I I I I I I -0 I f co I N > I LINE TABLE to I � I I LINE BEARING DISTANCE o I L1 S89'27'38"W 38.50 Ld I I N O Proposed NJ I N �) L2 N89'42'21"W 146.06 Apex Northwest LID o w f 1-3 SO'16'52"W 31.69 Subdivision No. 1 of to �I = I L4 S26'34'53"W 59,87 z l I N w L5 NO'16'45"E 32.00 I I N N z r L6 S89'42'21"E 34.00 I I p W w L7 6 CD II L7 S89'42'21"E 145.60 1-——— ———00 o Z— W J N07'48'59"E — — ——� L1�N L8 SO'32'22"E 32.00 H I 64.59'� —— L2 (TIE)I,,� m 3 1 S89'43'32"E —415.14_— P.O.B. 1 I N o N - - - - - - - -- �� N vJ �J - - - --- -- -- -- -- - - -- - -- -1v oQ om N89'43'32"W 431.08' m POINT "A" r N69'51'12"W rI [ 71.24' (TIE) N D ` O I 1 0 c E. Lake Hazel Rd. 31 32 Y 2 3 6 5 POINT OF COMMENCEMENT FOUND ALUMINUM CAP W SOUTHEAST CORNER SECTION 31 w r 0 100 200 300 6 z W Plan Scale: 1" = 100' Z W E N G I N E E R I N G Y 5725 NORTH DISCOVERY WAY i BOISE,IDAHO 83713 PHONE(208)639-6939 Exhibit B kmengllp.com City of Meridian Sewer and Water Easement c DATE: N ovemb e2021 a o PROJECT: 20.155 SHEET: Apex Northwest Subdivision No. 1 1 OF 2 SE1/4 SE1/4 Sec. 31, T3N., R1E., BM., City of Meridian, Ada County, Idaho Page 99 j Item#5. 0 6 o , I 0 80 160 240 N00'16'52"E�®1 i 1 0 71.99' INow I 3 CS Plan Scale: 1" =80' C6 l I "s S89'42'21"E 357.00' I r0 - -- -- - - - - - - - -- - --- - -- - ---� V _ _ __ ___ __ _ L14 L15 - --- N89'42'21"W 264.99- ---t -- -L16 IC n C 4 I 1 �l� 1 V LINE TABLE I I I 1 "� 3 Z 3 LINE BEARING DISTANCE O p Z 'Di 26.40 L9 0 I woNO"16'52"E 26.4010 I o N I0 L1 1 S89'4221 E 20.00 N V) Q N 1 w 111 I w L12 S89'43'08"E 93.98 N 1 iv 1 I N L13 SO*16'52"W 34.07 '��p I 1 CID �I I I ' I w L14 S89'42'21"E 40.01 Z 1 10 o L15 SO'16'52"W 10.04 I I V)I I U U c L16 S89'43'08"E 53.47 i 1 P.O.B. 3 1 I Q 3 L17 N89'43'08"W 93.46 I C9 j 1 C7 C3 POINT "B" I 1 L17 L12 S89'42'21"E 265.01' ---- -� ---- - I •--- --- ------- ---- N63'43'35"E °-�'X _____ __ _22.36' (TIE) ----- - -- -- ------- -- --- N89'42'21"W 490.50' � C2 C1 I 0 CURVE TABLE P.O.B. 2 1 G CURVE RADIUS LENGTH DELTA CHORD BRG CHORD N69'51'12"W a C1 30.00' 15.70' 29*59'12" N74-42'44"W 15.52' 71.24' (TIE) I N E C2 28.00' 13.53' 27'40'37" S76-27'20"W 13.39' Y Io C3 28.00' 13.51' 2739'04" S75'52'49"E 13.38' 3 C, C4 28.00' 13.53' 27'40'37" S76'27'20"W 13.39' C5 28.00' 13.51' 2739'04" S7552'49"E 13.38' a z C6 28.00' 43.99' 90'00'47" N45'17'16"E 39.60' Y C7 28.00' 19.51' 39'54'57" S19'40'36"E 19.11' C7 it C8 28.00' 19.51' 39-54-57" S19-40'36"E 19.11' WC9 28.00' 19.53' 39-57'42" S20-15'44"W 19.14' E N G I N E E R I N G Y 5725 NORTH DISCOVERY WAY i BOISE,IDAHO 93713 PHONE(208)639-6939 Exhibit B x kmengllp.com City of Meridian Sewer and Water Easement DATE: November2021 o PROTECT: 20-155 SHEET; Apex Northwest Subdivision No. 1 2 OF 2 SE1/4 SE1/4 Sec. 31, T3N., R1E., BM., City of Meridian, Ada County, Idaho Page 100 Item#5. 1I1 9 i V V N 00 h V r- 06 2 p M V 00 O O 145.60 s89°42'21"e n89°42'21"w ,I °' NI 146.06 a h h � b o r� 415.14 s89°43'32"e b yq' 5 n89°43'32"w 431.08 J I Title: Parcel 1 Meridian Sewre and Water Easement Date: 11-11-2021 Scale: 1 inch=80 feet I File: Tract 1: 0.755 Acres: 32897 Sq Feet:Closure=s06.1345w 0.00 Feet: Precision=1/589157: Perimeter=2068 Feet 001=n89.4221w 146.06 006=s89.4332e 415.14 011=s89.4221e 145.60 002=s00.I 652w 31.69 007=n07.4859e 64.59 012=s00.3222e 32.00 003=s26.3453w 59.87 008=n00.1652e 348.58 004=n89.4332w 431.08 009=s89.4221 a 34.00 005=n00.1645e 32.00 010=s00.1652w 327.24 Page 101 Item#5. 40.01 s89142'21"e 53.47 s89°43'08"e I I C fV O N O - R C N O VJ n89°43'08"w v 93.46 Title: Parcel 2 Meridian Sewer and Water Easement Exception Date: 11-12-2021 Scale: 1 inch=50 feet File: Tract 1: 0.604 Acres: 26328 Sq Feet:Closure=s83.1556w 0.01 Feet: Precision=1/132014: Perimeter=730 Feet 001 Z100.1652e 270.05 004=s89.4308e 53.47 007:Rt,R=28.00,Delta=39.5742 002=s89.4221 e 40.01 005:Rt,R=28.00.Delta-39.5457 Bng320.1544w,Chd=19.14 Bn�19.4036e,Chd=19.11 008=n89.4308w 93.46 003=s00.1652w 10.04 006=s00.1652w 224.05 i Page 102 Item#5. i 1' is u N b r o 0 0 F 357.00 s89'42'21"e n89°42'21"w 264.99 3 f V Y,1 V1 O V' eV o r O � O w u y N O v' C N p O F _93.98 s 265.01 s89°43'08"e s89°4221"e c _ n89°42'21"w 490.50 Title: Parcel 2 Meridian Sewer and Water Easement Date: 11-11-2021 Scale: 1 inch=70 feet I File: I Tract 1: 1.406 Acres: 61225 Sq Feet:Closure=n39.4649w 0.02 Feet: Precision=1/125775: Perimeter=2436 Feet 912 B g-n74 4244w,Chd=15 52 008=n89.4221 w 264.99 015=s89.4221 e 20.00 002=n89.4221 w 490.50 Bib i 0w,Chd 13 39 037 016=s00.1652w 372.06 003:s7 12 0w, hd=13.7.4037 010=n00.1652e 26.40 Bn .19.4036e,Chd-19 115457 Bn�762720w,Chd=13.39 004=nOO.1652e 26.40 Bn�i5.5249t,CW13.38 904 018=s89.4308e 93.98 Brig Lt.0.529c, hd-1Delta3.7.3904 012=s89.4221e 357.00 019=s00.1652w 34.07 Bn�s75.5249e,Chd�13.38 006=s89.4221 e 265.01 a 3s:--Ln`451 �cna=`39 r60°a7 007=n00.1652e 280.05 014=n00.1652e 71.99 Page 103 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Apex Northwest Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 2 Page 104 ADA COUNTY RECORDER Phil McGrane 2022-033764 BOISE IDAHO Pgs=10 CHE FOWLER 04/06/2022 08:03 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0145 Apex Northwest Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 2 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 5th day of April 2022 between Smith Brighton Inc. ("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) 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. Sanitary Sewer and Water Main Easement REV.01/01/2020 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 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: SMITH BRIGHTON INC. Robert L. Phillips, President STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on March 2022 (date) by _Roberti„ Phillips (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Smith Bri hton Inc. (name of entity on behalf of whom record was executed), in the following representative capacity: President (type of authority such as officer or trustee) Z�lctrnp) SHARIVAUGHAN Notary Public-State of Idaho Commission Number 20181002 Notary Signature My Commission Expires Jun 1, 2024 My Commission Expires:_ .- D Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 4-5-2022 Attest by Chris Johnson,City Clerk 4-5-2022 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 4-5-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. Notary Signature My Commission Expires- Sanitary Sewer and Water Main Easement REV.01/01/2020 Item#6. E N G I N E E R I N G November 18,2021 Project No.: 20-155 Apex Northwest Subdivision City of Meridian Sewer and Water Easement Legal Description Exhibit A Parcels of land for a City of Meridian sewer and water easement being a portion of the Southeast 1/4 of the Southeast 1/4 of Section 31, Township 3 North, Range 1 East, B.M., City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at an aluminum cap marking the Southeast corner of said Section 31,which bears S00°32'22"E a distance of 2,700.07 feet from a brass cap marking the East 1/4 corner of said Section 31, thence following the easterly line of the Southeast 1/4 of said Section 31, N00°32'22"W a distance of 723.01 feet; Thence leaving said easterly line,S89°27'38"W a distance of 339.16 feet to POINT OF BEGINNING 1. Thence S00°17'39"W a distance of 24.50 feet; Thence N89°42'21"W a distance of 37.00 feet; Thence N00°17'39"E a distance of 24.50 feet to a point hereinafter referred to as Point "A"; Thence S89°42'21"E a distance of 37.00 feet to POINT OF BEGINNING 1. Said parcel contains 907 square feet. TOGETHER WITH: Commencing at a point previously referred to as Point "A",thence N88°46'07"W a distance of 272.56 feet to POINT OF BEGINNING 2. Thence S00°16'S2"W a distance of 19.96 feet; Thence N89°43'08"W a distance of 31.00 feet; Thence N00°16'52"E a distance of 19.97 feet to a point hereinafter referred to as Point "B"; Thence S89°42'12"E a distance of 31.00 feet to POINT OF BEGINNING 2. Said parcel contains 619 square feet. TOGETHER WITH: Commencing at a point previously referred to as Point "B",thence N89°49'00"W a distance of 259.00 feet to POINT OF BEGINNING 3. Thence S00°16'52"W a distance of 21.50 feet; Thence N89°43'08"W a distance of 37.00 feet; Thence N00°16'52"E a distance of 21.51 feet to a point hereinafter referred to as Point"C"; Thence S89°42'19"E a distance of 37.00 feet to POINT OF BEGINNING 3. Said parcel contains 796 square feet. 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939• kmengllp.com Page 108 Item#6. TOGETHER WITH: Commencing at a point previously referred to as Point"C",thence N89°3547"W a distance of 263.00 feet to POINT OF BEGINNING 4. Thence S00"16'53"W a distance of 21.45 feet; Thence N89`43'08"W a distance of 37.50 feet; Thence N00°16'52"E a distance of 21.47 feet; Thence S89°40'48"E a distance of 37.50 feet to POINT OF BEGINNING 4. Said parcel contains 805 square feet. Said description contains a total of 3,127 square feet, more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. gy syCsl 12459 0 -f V ..V. OF 1V L. BAL1'� Il• t�•2�1 City of Meridian Sewer and Water Easement Apex Northwest Subdivision PAGE 2 Page 109 Item#6. o a x Unplatted FOUND BRASS CAP a DWT Investments LLC EAST 1/4 CORNER SECTION 31 m APN: S1131417257 I P.O.B. 4 POINT "C" P.O.B. 3 ?> ci l0 L16 N89'35'47"W 263.00' (TIE) L12 W m J J J J W W ae L14 N Jr L10 'n Proposed W I Apex Northwest I z 1 Subdivision No. 1 � Q FUnplatted W DWT Investments LLC I > I S89'27'38"W 3 APN: S1131417255 LD m I POINT "B" P.O.B. 2 POINT "q" 339.16' ( Iff)\—rc-, o I o w P.O.B. 1 o z o _ Uj Lnn I Z_N89'49'00"W L8 N88'46'07�W 272.56' (TIE) L4 CN o w 259.00' ( TIE) �J � — M — — _ w m a _Z I , L_ 6 _ \ Jl �J o N U- J L2 N o = I CV (n Q LINETABLE Proposed LINE TABLE rI 0 m ILINE BEARING DISTANCE Apex Northwest LINE BEARING DISTANCE .� I W L1 SO*17'39"W 24.50 Subdivision No. 1 L9 SO.16'S2"W 21.50 IL2 N89'42'21"W 37.00 L10 N89-43-08-W 37.00 O 3 L3 NO'17'39"E 24.50 L11 NO.16-52"E 21.51 v1 L4 S89'42'21"E 37.00 L12 S89'42'19"E 37.00 m 6 OI a L5 SO*16'52"W 19.96 L13 SO'16'53"W 21.45 J L6 N89'43'08"W 31.00 L14 N89'43'08"W 37.50 cn 0 - 3 L7 NO'16'52"E 19.97 L15 NO'16'52"E 21.47 0 f L8 S89-42-12"E 31.00 L16 S89'40'48"E 37.50 POINT OF COMMENCEMENT W FOUND ALUMINUM CAP x SOUTHEAST CORNER SECTION 31 = E. Lake Hazel Rd. 31 32 Jam W 0 80 160 240 — E E N G I N E E R I N G Plan Scale: 1" =80' 6 5 Y 5725 NORTH DISCOVERY WAY z BOISE,IDAHO 83713 PHONE 1208I639.6939 Exhibit B xkmengllp.com City of Meridian Sewer and Water Easement a DAT E: Nov ember 2D21 a c PROJECT: 20-155 SHEET: Apex Northwest Subdivision 1 OF 1 SE1/4 SE1/4 Sec. 31, T3N., R1E., BM., City of Meridian, Ada County, Idaho Page 110 Item#6. 37.00 s89°42'21"e 3 O M T O N O o N O O � O N n89°42'21"w 37.00 Title: Parcel 1 Meridian Sewer and Water Easement 20-155 Date: 11-12-2021 Scale: 1 inch=5 feet File: Tract 1: 0.021 Acres: 907 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter=123 Feet 001=s00.1739w 24.50 003=n00.1739e 24.50 002=n89.4221 w 37.00 004=s89.4221 a 37.00 Page 111 Item#6. 31.00 s89"42'12"e 61 3 N C O N n89°43'08"w 31.00 Title: Parcel 2 Meridian Sewer and Water Easement 20-155 Date: 11-12-2021 Scale: 1 inch=5 feet I File: Tract 1: 0.014 Acres: 619 Sq Feet:Closure=s00.1423w 0.00 Feet: Precision=1/64365: Perimeter= 102 Feet 001=s00.1652w 19.96 003=n00.1652e 19.97 002=n89.4308w 31.00 004=s89.4212e 31.00 Page 112 Item#6. 37.00 s89°42'19"e iv 3 �O O O N C O n89143'08"w 37.00 Title: Parcel 3 Meridian Sewer and Water Easement 20-155 Date: 11-12-2021 Scale: 1 inch=5 feet File: Tract 1: 0.018 Acres: 796 Sq Feet:Closure=s00.1354w 0.00 Feet: Precision=1/96676: Perimeter= 117 Feet 001=s00.1652w 21.50 003=n00.1652e 21.51 002=n89.4308w 37.00 004=s89.4219e 37.00 Page 113 Item#6. 37.50 s89°40'48"c N � N o O o N O O C O N n89°43'08"w 37.50 Title: Parcel 4 Meridian Sewer and Water Easement 20-155 Date: 11-12-2021 Scale: 1 inch=5 feet File: Tract 1: 0.018 Acres: 805 Sq Feet:Closure=n01.2752e 0.01 Feet: Precision=1/21621: Perimeter=118 Feet 001=s00.1653w 21.45 003=n00.1652e 21.47 002=n89.4308w 37.50 004=s89.4048e 37.50 Page 114 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Chukar Ridge Subdivision Emergency Access Easement Agreement Page 115 ADA COUNTY RECORDER Phil McGrane 2022-034279 BOISE IDAHO Pgs=10 ANGIE STEELE 04/07/2022 09:17 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0136 Chukar Ridge Subdivision EMERGENCY ACCESS EASEMENT AGREEMENT THIS AGREEMENT made this 5th day of April ,2022, between ,Taint School District No. 2,doing business as the West Ada School District, an Idaho school district and body corporate and politic of the State of Idaho, hereinafter referred to as "Grantor,"the City of Meridian, an Idaho municipal corporation,hereinafter referred to as "Grantee" and AMH Development,LLCy, a Delaware.Limited Liability Company,whose address is 1961 N.Locust Grove Rd, Meridian, Idaho 83646,,hereinafter referred to as "AMH"), WITNESSET , WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian is requiring an access area for emergency vehicles as a condition of development approval for an adjacent parcel owned by AMH; and WHEREAS, Grantor'desires to grant an easement for ingress and egress across those certain parts of Grantor's property defined herein to allow for emergency vehicle access;and WHEREAS,AMH shall construct certain improvements upon the easement described herein; and NOW,THEREFORE,the parties agree as follows: THE GRANTOR does hereby grant unto the grantee an easement on the following property, ' described on Exhibit"A" and depicted on Exhibit`B"attached hereto and incorporated herein, THE EASEMENT hereby granted is for the purpose of providing a non-exclusive easement and right-of-way on, over, across and through,Grantor's property with the free right of access to such property at any and all times and for the purpose of allowing egress and ingress to and from the property for emergency vehicle access. Pursuant to the International Fire Code, this access road constructed by AMH;shall be constructed of an improved surface capable of supporting 75,000 VW; TO HAVE AND TO HOLD, said easement unto said Grantee,its successors and assigns forever; THE GRANTOR,hereby covenants and agrees that no structures shall be constructed, erected, or placed upon the surface of the easement area that would materially impair the normal operation or use of the easement area for emergency vehicular purposes.No parking of vehicles within the easement area shall be permitted. THE GRANTOR hereby covenants and agrees that itwill not place or allow to be placed any permanent structures, trecs,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. EMERGENCY ACCESS EASEMENT,PAGE 1 02/14/2020 IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,that AMH shall repair and maintain the access roadway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF,the parties have hereunto subscribed their signatures the day and year first hereinabove written. GRANTOR: JOINT SC L DISTRICT NO. 2 DBA WEST ADA SCHOOL DISTRICT (::i:) By: Dr. Derek Vub Its: Superintendent STATE OF IDAHO ) ss. County of Ada ) On this i� day of Jot vt,u c-J� , 2022, before me, a Notary Public, in and for said State,personally appeared-1-1v.pe re k"p,ice, known or identified to me to be the S liN-V r:44<Ad-e of Joint School District No. 2, doing business as the West Ada School District, whose name is subscribed to the within instrument, and acknowledged to me that he executed the same on behalf of said school district. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this(certificate first above written. TARY PUBLIC FOR IDAHO �.•-11IDHENT�,'•. Residing at MZ r�C�tct ,ti ; i� �-4 .••. Zod••� ••, My Commission Expires f,2 a iz��-� ,e`��OTA ,��: • RY PUBLIC An,� • •� �Q• •••.� �tl' •.yes.1212ti�••���• )•. *,•teeOF .. �. CAJ EMERGENCY ACCESS EASEMENT,PAGE 2 02/14/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 4-5-2022 Attest by Chris Johnson, City Clerk 4-5-2022 STATE OF IDAHO, ) ) ss. County of Ada ) This record was acknowledged before me on 4-5-22 (date)by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. Notary Signature My Commission Expires: 3-28-2028 EMERGENCY ACCESS EASEMENT,PAGE 3 02/14/2020 Item#7. A :AMH DEVELOPMENT,LLC By: Its: I-A#,qn STATE OFO ) So-+'LAW ss. County of Via^ ) On this day of 7� f uc/KT 2022, before me, a Nota Public,personally ( � �Sc V y , known or identified to me to be the ti,� k�vkA dty of AMH Development, LLC, a Delaware Limited Liability Company,whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and ye ar in this certificate first above written. 4 9 NOT AY Y PUBLIC FOR Ems`'E h FLOWS Residing atwC;� R� My Commission Expires 0"?- U2:"i NOWYN".s TEGFUN COMMISSIONS 7t0A7e COMM.EXP.02-21-2024 EMERGENCY ACCESS EASEMENT,PAGE 4 02/14/2020 Page 119 Item#7. LEGAL DESCRIPTION ' = TH E � . LAND Page 10F1 GROUP December 21,2021 Project No.: 119192 EXHIBIT"A" EMERGENCY ACCESS EASEMENT WEST ADA SCHOOL DISTRICT CITY OF MERIDIAN An emergency access easement located in a portion of Parcel "A", as same is shown on Record of Survey No. 13067, recorded under Instrument No. 2021-141377, records of Ada County, being situate in the southwest quarter of the northeast quarter of Section 32,Township 4 North, Range 1 West, Boise Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at the North One Quarter corner of said Section 32 (from which the Center One Quarter corner of said Section 32 bears South 00°36'39" West, 2631.90 feet distant);Thence South 00°36'39" West,2003.87 feet on the north/south mid-section line of said Section 32;Thence South 89°23'21" East, 1322.43 feet to the northeast corner of said Parcel"A",said point being the POINT OF BEGINNING: Thence on the easterly boundary of said Parcel "A",South 00'34'42"West, 69.49 feet; Thence leaving said easterly boundary, South 65°08'30"West, 13.29 feet; Thence North 00°34'42" East, 69.82 feet to a point on the northerly boundary of said Parcel"A"; Thence on said northerly boundary, North 66°26'46" East, 13.15 feet to the POINT OF BEGINNING. The above-described easement contains 836 Ft2, more or less. PREPARED BY: lyp,L The Land Group,Inc. W�Lj�o ���EN str� G Michael Femenia, PLS o a 5 �► r1 �4T f OF As. 12/21/2021 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939,4041 thelandgroupinc.com Page 120 Item#7. W. MCMILLAN RD. _ S89-21'S8"E 642.72' 1321.29 1321.44' _ i rn 2003.8T POB I o S89°23121"E 1322.43" - M m N SEE DETAIL N C � o WEST ADA SCHOOL DISTRICT - '�-. w ti - ti o N PARCEL"A"- ROS 13067 EMERGENCY ACCESS EASEMENT N M � I N m o I N. OiYYXEE STORM AVE, AREA:±836 FTz o W ACHIEVEMENT ST. AIvW DEVELOPMENT LLC Z R 5.32 C1/4---ZN00°36'39"E 2631.82' i El/4 �"' S.33 1 SECTION 32 N00°36'39"E 2631.82' N00029'50"E 2633.22' 5.32 5.32 5.33 S.5 S89°17'50"E 2651.02' W. USTICK RD- S.5 S.4 NE CORNER OF PARCEL"N' ROS 13067 S89°23'21"E 1322.43' N66°26'46"E 13.15' v o J m o 4, 1 0 EMERGENCY ACCESS EASEMENTl``�'cCNAREA:±836 FTz S65°08'30W 13.29 i oW G w �I DETAIL SCALE: V =40' T `✓r 9TE OF 12/21/2021 E E 0 500 l000 Exhibit "B" d Horizontal Scale: 1" = 500' Project No..119192 Date of Issuance; December 21,2021 Q THE Emergency Access Easement WE LAND West Ada School District o PorRF City of Meridian ado W � Page 121 Item#7. LEGAL DESCRIPTION � == THE LAND Page 1 OF 1 GROUP December 21,2021 Project No.: 119192 EXHIBIT"A" EMERGENCY ACCESS EASEMENT AMH DEVELOPMENT LLC CITY OF MERIDIAN An emergency access easement located in a portion southeast quarter of the northeast quarter of Section 31,Township 4 North, Range 1 West, Boise Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at the north quarter corner of said Section 32 (from which point the center quarter corner of said Section 32 bears South 00°3639" West, 2631.90 feet distant);Thence South 00°36'39" West, 2003.87 feet on the north/south mid-section line of said Section 32;Thence South 89`23'21" East, 1322.43 feet to the northeast corner of Parcel "A", as same is shown on Record of Survey No. 13067, recorded under Instrument No. 2021-141377, records of Ada County,said point being the POINT OF BEGINNING: Thence North 66°29'36" East, 13.14 feet; Thence South 00'34'42"West,33.67 feet to a point of curvature; Thence 34.71 feet on the arc of a curve to the left, having a radius of 28.00 feet,a central angle of 71' 01' 16", and whose long chord bears South 34°55' 56" East, 32.53 feet; Thence South 65°08' 30"West,34.21 feet to a point on the easterly boundary of said Parcel "A"; Thence on said easterly boundary line, North 00'34'42" East, 69.47 feet to the POINT OF BEGINNING. The above described easement contains 1,OS1 Ft', more or less. PREPARED BY: �yAL The Land Group, Inc. 0��0 ��CEN SLR Michael Femenia, PLS o P. 5 OF� 12/21/2021 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com Page 122 Item#7. W. MCMILLAN RD. S89°21'58"E 2642.72' j 1321.29' 1321.44' .1 rn 2003.87' _ _ _POB o A Z S89°23'21"E 1322.43' \ a LU SEE DETAIL \ CD h co 6) o WEST ADA SCHOOL DISTRICT \ LU O cn I c�v PARCEL"A"-ROS 13067 I EMERGENCY ACCESS EASEMENT — y ° C° i AREA:±1,051 FT M m o i N. OWYHEE STORM AVE. o W `/) W. ACHIEVEMENT ST. AMH DEVELOPMENT LLC z S.32 NJ C1/4 N00°36'39"E 2631.82' E1/4 3.33 7 1 SECTION 32 N00°36'39"E 2631.82' N00°29'50"E 2633.22' 6.32 S.32 S.33 S.5 — — — — S89017'50"E 2651.02' — — W. USTICK RD. S.5 S.4 NE CORNER OF PARCEL"A" N66°29'36"E 13.14' S89°23'21"E 1322.43' ROS 13067 ti N F- chi co / � O � CD CV / v l co �! / o O 2 EMERGENCY ACCESS EASEMENT AREA:±1,051 Ff2 LA !? DETAIL 0 SCALE: 1" = 40' o c Curve Table CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH �rj �qTE OF tiQ C1 34.71' 28.00' 71°01'16" S34°55'5611E 32.531AEL S. 12/21/2021 Exhibit "B" o DWI l000' Horizontal Scale:1" = 500' Project No.:119192 Date of Issuance:December 21,2021 z !M AM64%THE Emergency Access Easement s� ����� BLAND AMH Development LLC —GROUP City of Meridian Ir— LL J� Page 123 Item#7. LEGAL DESCRIPTION -; TH E LAND Page 1OF 1 r GROUP December 21, 2021 Project No.: 119192 EXHIBIT"A" EMERGENCY ACCESS EASEMENT WEST ADA SCHOOL DISTRICT CITY OF MERIDIAN An emergency access easement located in a portion of Parcel "A",as same is shown on Record of Survey No. 13067, recorded under Instrument No. 2021-141377, records of Ada County, being situate in the southwest quarter of the northeast quarter of Section 32,Township 4 North, Range 1 West, Boise Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at the North One Quarter corner of said Section 32 (from which the Center One Quarter corner of said Section 32 bears South 00°36'39"West, 2631.90 feet distant);Thence South 00°36'39" West, 2003.87 feet on the north/south mid-section line of said Section 32;Thence South 89°23'21" East, 1322.43 feet to the northeast corner of said Parcel "A",said point being the POINT OF BEGINNING: Thence on the easterly boundary of said Parcel "A", South 00°34'42" West, 69.49 feet; Thence leaving said easterly boundary, South 65'08'30"West, 13.29 feet; Thence North 00'34'42" East, 69.82 feet to a point on the northerly boundary of said Parcel "A"; Thence on said northerly boundary, North 66°26'46" East, 13.15 feet to the POINT OF BEGINNING. The above-described easement contains 836 Ftz, more or less. PREPARED BY: �NL LA The Land Group,Inc. �10 ��rEN Michael Femenia, PLS o a5 1.00• `�1TE OF 4.9. 12/21/2021 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com Page 124 Item#7. W. MCMILLAN RD. S89°21'58"E 2642.72' 1321.29' 1321.44' rn 2003.87' POO b S89°23'21"E 1322.43" co N M co m I_ SEE DETAIL cli o WEST ADA SCHOOL DISTRICT W, tico Ito PARCEL"A"-ROS 1306 EEMERGENCY ACCESS EASEMENT - a O i N. OWYHEE STORM AVE. AREA:±836 FT m W. ACHIEVEMENT ST. z Q � AMH DEVELOPMENT LLC t, S.32 7 C1/4 N00°36'39"E 2631.82' E1/4 7.33 i SECTION 32 N00036'39"E 2631.82' N00029'50"E 2633.22' S.32 3.32 5.33 S.5 S89`17'50"E 2651.02' —W. USTICK RD. S.5 S.4 NE CORNER OF PARCEL"A" ROS13067 ' 389°23'21"E 1322.43' N66026'46"E 13.15' o o, / ' v N O wI N N I V / M O O U) CD Z EMERGENCY ACCESS EASEMENT NJ, LA AREA:±836 FT2 �,�� �\cEN s��G E S65°08'30"W 13.29' � o DETAIL 5 SCALE: 1" =40' 12/21/2021 0 500' 1000' Exhibit "B' Horizontal Scale:1 = 500' Project No.:119192 d Date of Issuance:December21,2021 S zo =� '�_'-THE Emergency Access Easement �- LAND West Ada School District GROUP City of Meridian r LL J o Page 125 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Everest Office Water Main Easement Page 126 ADA COUNTY RECORDER Phil McGrane 2022-033766 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 04/06/2022 08:04 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0137 Everest Office WATER MAIN EASEMENT THIS Easement Agreement, made this 5th day of_Lk�riL_, 2022between Encore Development, LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee 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 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: STATE O I )0 ) ) ss County of Ada This record was acknowledged before me on 3 l IM* date by (name of individual), [complete the following if signing in a representative ca achy, or st ' e the following if signing in an individual capacity] on behalf of . y , eborylPk+L(L (name of entity on behalf of whom record was executed), in the following representative capacity: M (type of authority such as officer or trustee) (stamp) ��..•GtiY SU Notary Signatur ',.•�� ..••••. F�1s My Commissio xpires:3 2� 2 2 i NOTAR),low /'UB L1C �(n T OF Voss, 80,*11106010 Water Main Easement Version 01/01/2020 Page 128 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 4-5-2022 Attest by Chris Johnson, City Clerk 4-5-2022 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on �4-5-2022_ (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature 3-28-2028 My Commission Expires: Water Main Easement Version 01/01/2020 Page 129 Item#8. E N G I N E E R I N G March 1,2022 Project Name: 2054 Everest Office Project No.21-171 City of Meridian Water Main Easement Easement No.: ESMT-2022-0137 Legal Description Exhibit A A parcel of land for a City of Meridian Water Main Easement over a portion of Lot 19,Block 1 of Hastings Subdivision No.3(Book 112 of Plats, Pages 16342-16344), situated in the Northwest 1/4 of the Northeast 1/4 of Section 26,Township 4 North, Range 1 West,Boise Meridian,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found brass plug marking the Southwest corner of said Lot 19,which bears S00°21'16"W a distance of 154.99 feet from a found 1/2-inch rebar marking the Northwest comer of said Lot 19,thence following the westerly boundary line of said Lot 19,N00°21'16"E a distance of 91.91 feet; Thence leaving said westerly boundary line,589'38'44"E a distance of 15.00 feet to the westerly line of an existing City of Meridian Sanitary Sewer and Water Main Easement per Instrument No.2017-084174 and being the POINT OF BEGINNING. Thence S89°49'15"E a distance of 7.50 feet; Thence N46.41'33"E a distance of 11.26 feet; Thence S89°38'34"E a distance of 8.83 feet; Thence S00°20'55"W a distance of 10.00 feet; Thence N89°38'34"W a distance of 4.83 feet; Thence S46°41'33"W a distance of 11.24 feet; Thence N89.49'15"W a distance of 5.52 feet to said westerly easement line; Thence following said westerly easement line the following three(3)courses: 1. N00°21'16"E a distance of5.27 feet; 2. N89°38'44"W a distance of 6.00 feet; 3. N00'21'16"E a distance of 4.71 feet to the POINT OF BEGINNING. Said parcel contains 244 square feet, more or less,and is subject to all existing easements and/or rights-of-way of record or implied. All subdivisions, deeds, records of surveys, and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated in. Attached hereto is Exhibit B and by this reference is made a part hereof. LAND 0 s ti 0 1 62 s� �o 5725 North Discovery Way • Boise, h, 3&77133 208.639.6939• kmengllp.com Pa e 130 Item#8. LINE TABLE NORTHWEST CORNER OF LOT 19 LINE BEARING D15TANCE L1 S89'38'44"E 15.00 L2 S89'49'15"E 7.50 L3 N46'41'33"E 11.26 0 I L4 S89'38'34"E 8.83 o I POINT OF BEGINNING rn I L4 L5 SO'20'55"W 10.00 L1 TIE %; L6 N89'38'34"W 4.83 m ( ) L7 S46'41'33"W 11.24 C) CO Li 1— / �L6 L8 N89'49'15"W 5.52 aN L10J �` L9 NO'21'16"E 5.27 morn L9 o I L8 L10 N89'38'44"W 6.00 L11 NO'21'16"E 4.71 EXISTING CITY OF MERIDIAN SANITARY SEWER AND WATER `MAIN EASEMENT PER INST. No. 2017-084174 K 3 LEGEND SUBpN1510� o N GS N I SIN �ND FOUND BRASS PLUG O FOUND 1/2" REBAR CALCULATED POINT i; o I BOUNDARY LINE o I ——— —— ——--- EASEMENT LINE ry I _ —— — — — — EXISTING EASEMENT LINE, AS NOTED POINT OF COMMENCEMENT SURVEY TIE LINE o SOUTHWEST CORNER OF LOT 19 z i - N D m NNL LAND Z \'\C E N S f0 SG� 6662 0 10 20 40OF Ion u�9 Pao NRti� n Plan Scale Y KE E NGINEERING '7y m S72S NORTH DISCOVERY WAY ♦.�� x BOISE,IDAHO83713 Exhibit B PHONE 120BI 639.6939 kmengllp.com City of Meridian Water Main Easement DATE: March 2o2z SPROJECT: 21-171 SHEET: A portion of Lot 19, Block 1 of Hastings Subdivision No.3,situated in the Northwest 1/4 1 OF 1 I of the Northeast 1/4 of Section 26,T.4 N., R. 1 W.,B.M.,City of Meridian,Ada County, Ida hn a Page 131 Item#8. 1, 8.83 s89038'34"e P NK, o 1 O O ^ O O 7.50 s89°49']5"e �o n89038134"w �► 0 4.83 0 0 n89°38'44"w 6.00 u 01� A � gab 1�ti N ^ �+ op 6 c n89049'15"w 552 Title: Date: 03-01-2022 Scale: 1 inch= 5 feet File: Tract l: 0.006 Acres: 244 Sq Feet:Closure=n86.1152e 0.00 Feet: Precision=1/16575: Perimeter= 75 Feet 001=s89.4915e 7.50 005=n89.3834w 4.83 009=n89.3844w 6.00 002=n46.4133e 11.26 006=s46.4133w 11.24 010=n00.2116e 4.71 003=s89.3834e 8.83 007=n89.4915w 5.52 004=s00.2055w 10.00 008=n00.2116e 5.27 Page 132 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Roaring Springs East Expansion Water Main Easement No. 1 Page 133 ADA COUNTY RECORDER Phil McGrane 2022-033769 BOISE IDAHO Pgs=7 CHE FOWLER 04/06/2022 08:05 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0154 Roaring Springs East Expansion Water Main Easement No. 1 WATER MAIN EASEMENT THIS Easement Agreement,made this5th day of April, 2022,kbetween BOWDEN PROPERTIES, INC ("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 -Wrgam-01 JAIVNAN) 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. BOWDEN PROPERTIES, INC an Idaho limited liability company By: PATRICK MORANDI, Member and Manager STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 03 ho h a xA by Patrick Morandi on behalf of Bowden Properties, Inc. in the following representative capacity: Member and Manager LWASOOTS 14855 NOTARY PUBLIC Notary Signature STATE OF IDAHO .MY COMMISSION EXPIRES W31/2025 My Commission Expires: C) Z Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor -5- 0 22 Attest by Chris Johnson, City Clerk 4-5-202 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 4-5-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature 3-28-2028 My Commission Expires: Water Main FacPmi nt Vercinn 01_/01_000-0 Item#9. ■■ i ■■ Quadrant Consulting, Inc. DESCRIPTION WATER LINE EASEMENT FOR BOWDEN PROPERTIES LLC EASEMENT NO.1 EXHIBIT"A" The following describes a 20.00 foot wide waterline easement lying within a portion of Lots 10, 11, 16, 17, 18,27 and 28, Block 1, Plat of Interstate Center a Subdivision, Book 74, Pages 7656-7357,Ada County Record's and also lying within a portion of the Southeast Quarter (SE1/4) of Section 13, Township 3 North, Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho being more particularly described as follows: Commencing at the southeast corner of said Section 13;Thence,along the south boundary line of said SE1/4, as shown in said Interstate Center Subdivision, North 89°46'23"West, 742.03 feet; Thence, North 01'02'27" East,45.00 feet to the southeast corner of said Lot 16 and to the northerly right of way of West Overland Rd.; Thence, along the south boundary line of said Lot 16, North 89°46'23"West, 179.51 feet to the POINT OF BEGINNING; Thence, continuing along said south boundary line and said northerly right of way, North 89°46'23" West,20.00 feet; Thence,departing said south boundary line and said right of way, North 00*05'24"West, 210.36 feet; Thence,South 89°54'36"West, 229.23 feet; Thence, North 00°05'24"West, 20.00 feet; Thence, North 89°54'36"East, 203.53 feet; Thence,North 00°05'18" East,231.21 feet; Thence,South 89°54'39" East, 62.36 feet; �® (B Thence, North 45°05'21"East, 56.31 feet; Thence, North 00°00'44" East,42.60 feet; Thence, North 22'29'16"West, 294.92 feet; ��.qOf �A ��®��� Thence,North 67*30'44" East,20.00 feet; 1, BOWDEN PROPERTIES LLC, EASEMENT NO. 1 Page137 Item#9. Thence,South 22°29'16" East, 298.90 feet; Thence,South 00`00'44"West,54.88 feet; Thence,South 45'05'21"West,72.89 feet; Thence, North 89'54'39"West, 50.65 feet; Thence,South 00"05'18"West,182.68 feet; Thence, North 89°54'36"East, 15.33 feet; Thence,South 00°05'21"West, 28.42 feet; Thence, North 89°54'36" East, 10.36 feet; Thence, South 00°05'24' East,230.47 feet to the POINT OF BEGINNING, containing 0.537 acres or 23,389 square feet more or less. 2, BOWDEN PROPERTIES LLC, EASEMENT NO. 1 Page138 Item#9. a a 62.36 $bye^rygA s89154'39'e 15 cv pt `O 17� 203.53 229.23 y N O O � � W � 4F 1 Title: Date: 03-1 8-2022 Scale: 1 inch= 120 feet File: WATERLINE EASEMENT NO. Ldes Tract 1: 0.537 Acres: 23389 Sq Feet Closure=s17.2041e 0.05 Feet: Precision=1/46678: Perimeter=2335 Feet 001=n89.4623w 20.00 008=n45.0521e 56.31 015=n89.5439w 50.65 002=n00.0524w 210.36 009=n00.0044e 42.60 016=s00.0521w 182.68 003=s89.5436w 229.23 010=n22.2916w 294.92 017=n89.5436e 15.33 004=n00.0524w 20.00 0 11=n67.3044e 20.00 018=s00.0521w 28.42 005=n89.5436e 203.53 0 1 2=s22.2916e 298.90 019=n89.5436e 10.36 006=n00.0518e 231.21 013=s00.0044w 54.88 020=s00.0524e 230.47 007=s89.5439e 62.36 014=s45.0521w 72.89 Page 139 BOWDEN PROPERTIES LLC, WATER LINE EASEMENT Item#9. EASEMENT NO. 1 PORTION OF LOTS 10, 11, 16, 17, 18, 27 AND 28, BLOCK 1 INTERSTATE CENTER SUBDIVISION, LYING WITHIN A PORTION OF THE SE 1/4 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO 2022 EXHIBIT "B" LEGEND Boundary Line I Section Line \ — — — — Easement No. 1 ® Found Brass Cap 0 Calculated Point I 7 � POB Point of Beginning d' .tea I d� o/ BLOCK P) GRAPHIC SCALE N 0 1 ' 300' N45 0556.3 W __ '21'E S89!i \ J J { IN FEET ) 1" = 150' ® ® M. '0 72.8921'w� MARLIN R® LINE TABLE BLACKN +o \ \ \ D. (3W AMEM)MEPIT TO LINE BEARING LENGTH p I 1 ,,,E VACATED) L1 N00'00'44"E 42.60 BLOCK L2 N67'30'44"E 20.00 L3 S00'00'44"W 54.88 n N89.54'36"E 203.53 in N 89 'L7 I L4 N89'54'39"W 50.65 z S .54'36-W 229.23 L5 N89'54'36"E 15.33 © I �N N I I I L6 S00'05'21"W 28.42 N I I I ® L7 N89'54'36"E 10.36 I Q In POB o N 89'46'23•W ® z — 179.51 -- WEST OVERLAND ROAD N89'46'23'w ' 13 18 � 9. 20.00 N89'4623'W 742.03 IF No1'o 45.00 — — 24019 N89.46'2YW 2618.90' TO THE SOUTH 1/4 COR. SEC. 13 Q_ l ■■ 1 BASIS OF BEARINGS I P INEQuadrant OF � u ����� Consulting, Inc W"Mort 0"w1e'd Rmd Page 140 Bogs.Idaw&VO5 9 tWO 3Q—QW MEW (Z"30-MO FAX f11!Q�10-9JP�f7ssF•0[R9D81CIlOf lfAM4�7Ol7 Item#10. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Roaring Springs East Expansion Water Main Easement No. 2 Page 141 ADA COUNTY RECORDER Phil McGrane 2022-033771 BOISE IDAHO Pgs=6 CHE FOWLER 04/06/2022 08:05 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0155 Roaring Springs East Expanision Water Main Easement No.2 WATER MAIN EASEMENT THIS Easement Agreement,made this 5th day of_Apri1,2022�between BOWDEN PROPERTIES,INC ("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,Mich 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 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: BOWDEN PROPERTIES, INC an Idaho limited liability company �� M By: PATRICK MORANDI, Member and Manager STATE OF IDAHO ) ) ss County of Ada } This record was acknowledged before me on 3 41 /Z Dzt by Patrick Morandi on behalf of Bowden Properties, Inc. in the following representative capacity: Member and Manager 6� A �J/• _ ►OTARY PUBLIC Notary Sipature STATE� SMy cowSN EXPIRES 0&31/2M My Commission Expires: a J-11,h.r. Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 4-5-2022 Attest by Chris Johnson,City Clerk 4-5-2022 STATE OF IDAHO, ) : ss. County of Ada } This record was acknowledged before me on 4-5-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Version 01/01/2020 Item#10. l ■■ Quad rant Consulting, Inc. DESCRIPTION WATER LINE EASEMENT FOR BOWDEN PROPERTIES LLC EASEMENT NO. 2 EXHIBIT"A" The following describes a 20.00 foot wide waterline easement lying within a portion of Lots 12 through 15, Block 1, Plat of Interstate Center a Subdivision, Book 74, Pages 7656-7357,Ada County Record's and also lying within a portion of the Southeast Quarter (SE1/4) of Section 13,Township 3 North, Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho being more particularly described as follows_ Commencing at the southeast corner of said Section 13;Thence,along the south boundary line of said SE1/4,as shown in said Interstate Center Subdivision, North 89'46'23"West,412.04 feet;Thence, North 01'02'27" East, 45.00 feet to the southeast corner of said Lot 15 and to the northerly right of way of West Overland Rd.; Thence, along the south boundary line of said Lot 15, North 89'46'23" West, 133.20 feet to the POINT OF BEGINNING; Thence,continuing along said south boundary line and said northerly right of way, North 89°46'23" West,20.00 feet; Thence,departing said south boundary line and said right of way, North 00°47'09" East,224.40 feet; Thence, North 45000'00" East,56.23 feet; Thence, North 00'01'09"West, 182.32 feet; Thence,North 89°59'07" East,27.14 feet; Thence,South 00°00'53" East, 20.00 feet; Thence,South 89°59'07" West,7.14 feet; Thence,South 00°01'09" East, 170.60 feet; Thence,South 45`00'00"West,56.40 feet; Thence,South 00*47'09"West,216.07 feet to the POINT OF BEGINNING, containing 0.216 acres or 9,403 square feet more or less. E , a 13 4 1, BOWDEN PROPERTIES LLC,EASEMENT NO. 2 9 OF 1QP� Page 145 - .-, Item#10. 1 s 0 0 0 N� QUO O O O N LL _y� OQ �z. a cn 3 v o b v o 0 � Q N O N i Title: Date: 02-14-2022 Scale: 1 inch= 60 feet File: WATERLINE EASEMENT NO.2.des Tract 1: 0.216 Acres: 9403 Sq Feet:Closure=sl5.2409w 0.01 Feet: Precision=1/70694: Perimeter=980 Feet 001=n89.4623w 20.00 005=n89.5907e 27.14 009=s45.0000w 56.40 002�n00.4709e 224.40 006—s00.0053e 20.00 010=s00.4709w 216.07 003=n45.0000e 56.23 007=s89.5907w 7.14 Page 146 004=n00.0109w 182.32 008=s00.0119e 170.60 BOWDEN PROPERTIES LLC, f WATER LINE EASEMENT Item#10. EASEMENT NO. 2 PORTION OF LOTS 12, 13. 14 AND 15, BLOCK 1 INTERSTATE CENTER SUBDIVISION, LYING WITHIN A PORTION OF THE SE 1/4 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO 2022 EXHIBIT "B" LEGEND_ - Boundary Line 11 Section Line I � \ / BLOCK j ------- Easement No. 2 1 Found Brass Cap \ I 0 Calculated Point I POB Point of Beginning N89.59'07'E 20.00 \\ i 27.34 i , \ sss-5s'a7'w NOO-M'09"W I 7.14 I 182.32� SOO.01'09'E �170.60 GRAPHIC SCALE N45.00'00'E I 0 150' 300' S. BLACK MARLIN ROAD ® TT (3RD AMENDMENT �C s45'OO'0D'wj ( !N FEET ) I TO BE VACATED) I L I I 56. 0 I ® -�jT�- -- -� 1" = 150' C I , I W i" ® i3 f I CD P3 +T N89'4V23"W 133.20 N89.46'23'W 13 18 WEST OVER ND ROAD 20.00 N89 4623'W 412.04 N89'46'23'W 261&9V TO THE SOUTH No1ro2'2'7'E 24 19 1/4 COR. SEC. 13 4,5'00 BASIS OF BEARINGS p 0' Ld 1 4 OF wX Quadrant Consulting, Inc 104 9W Ow*d Road '342-OW PME ( 342-Dons FAX Page 147 one s+��p-stereo-�aiwrnw�aw�m�xr Item#11. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Shelburne South No. 1 and 2 Sanitary Sewer Easement No. 3 Page 148 ADA COUNTY RECORDER Phil McGrane 2022-033768 BOISE IDAHO Pgs=6 CHE FOWLER 04/06/2022 08:04 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0150 Shelburne South No. Sanitary a r Easement No. SANITARY West Ada Joint IS Easement Agreement, made this 4th day of April g ,)o 22 between _School District ("Grantor"). and the City of eri ian, an Idaho Municipal Corporation('*Grantee"), WHEREAS. the Grantor desires to provide a sanitary;sewer right-of-way across the premises and property hercinarter particularly bounded and'described; and WHEREAS. the sanitary sewer is to be provided for through underground i elines to be constructed by others, and WHEREAS, it will be necessary to maintain an 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 tbr an easement for the operation and maintenance of sanity sanitary sewer over and across the following describe property: (SEE AJ-rACHED EXHIBITS A an The easement hereby granted is for the purpose of construction and operation of sanitary server their allied facilities, together with their maintenance, repair and replacement at the convenience of tile, Grantee, with the free right of access to such facilities at any and all(imes- 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 AGREED, by and between the: parties hereto, that atler making, repairs or e'.rfo iin- other maintenance, Grantee shall restore the area of the easement and adjacent property o that existent prior to -undertaking such repairs and maintenance. However, _Grantee shall not be responsil� e for ;re `�irin , replacing or restoring anything placed within the area'described in this easement that was placed there in violation ofthis easement, THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structutes. trews, brush, or perennial shrubs or flowers within the area described for this easement, w4ich would interfere: with the use of said easement, Ior the purposes stated herein. ACRF.F-4IENT rOft F..1SF%1FNTS- 1 THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and casement hereby ;ranted 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: STATE OF IDAHO ) ) ss County of Ada } This record was acknowledged before me on t (date) by (�owq-QnQ Ka,4.e f S— (name of individual), [ro►npleie thc<follneving i(signing in a rupresenr{hive capaci(v. or strike the 1611o►ing irsigning in an individual rapacity] on behalf of -k)e5l R�_ R�.�-,i •wi ntune of entity on behalf of whom record was executed), in the follow g representative capacity: - Tne�inrd�ovF— --(type of authority such as officer or trustee) (stamp) �►Zc�{. �. �1�,��`�"`� — 1W8p((ttt�fi notary Si_�tature .��'�` tip..••• My Commission Expires-- r//• y- 6�• �' :e ui�ltl�� ACREF\tF\T FOR F 91ENIENT1- 16 GRj\NTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 4-5-2022 Chris Johnson, City Clerk 4-5-2022 STATE OF 1DAHO, ) : ss. County of Ada } This record was acknowledged Wore me on 4-5-2022 (date) by Robert E. Simision and Chris Johnson on behalf of the City of Meridian, in thcir capacities as Mayor and City Clerk, respectively. Notary Signaturc: My Commission Expires; 3-28-2028 AGREEMENT FOR LASEMENIS- 17 Item#11. SANITARY SEWER EASEMENTS PROPOSED SHELBURNE SOUTH SUBDIVISION MERIDIAN JOINT SCHOOL DISTRICT NO. 2 PARCEL LOCATED IN THE SE 1/4 OF THE SW 1/4 OF SECTION 28 T.3N., R. 1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO 50.00' S89'28'46"E CS 1/16 r 20.00' EASEMENT LEGEND PERMANENT EASEMENT �� I- TEMPORARY CONSTRUCTION L_J EASEMENT I N.. N of � C 1 I FREEMAN FAMILY TRUST "' to PARCEL NO. S1128438586. h .. O O ZL L I' PERMANENT EASEMENT L 7,684 SF - 0.176 ACRES I POINT OF BEGINNING N89'28'46"W 20.00' L-_ SO'31'14"W 30.00' N89'14'43"W TEMPORARY CONSTRUCTION EASEMENT 50.00' ( 20,706 SF - 0.475 ACRES ONPL LqN� MERIDIAN JOINT SCHOOL I o �5� STF `rG DISTRICT NO. 2 Q �� PARCEL N0. S1128346800 cn 11118 0 ��` IM N kc O I Q O F �5 r�N W. HP I ) N 28 _ _ _ S89'1d43"E 2 660.54' _E. AMITY_RD. 28 27 1/4 3 BASIS OF BEARING 33 33 34 0 50 100 200 La u I n Land Surveying and Consulting 231 E.5TH ST.,STE.A MERIDIAN,ID 83642 (208)288-2040 (208)288-2557 fax WWW.Iand501utions.biz J0B N Page 152 Item#11. .Legal Description Permanent Sewer Easement Meridian Joint School District No. 2 Parcel Proposed Shelbourne South Subdivision An easement located in the SE '/4 of the SW'/4 of Section 28, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the southeast corner of the SW'/4 of said Section 28, from which an Aluminum Cap monument marking the southeast corner of the SE '/4 of said Section bears S 89°14'43" E a distance of 2660.54 feet; Thence N 0031'14" E along the east boundary of said SW '/4 a distance of 940.13 feet to the POINT OF BEGINNING; Thence leaving said boundary N 89028'46" W a distance of 20.00 feet to a point; Thence N 0031'14" E a distance of 384.24 feet to a point on the north boundary of the SE '/4 of the SW '/4 of said Section 28; Thence along said boundary S 89028'46" E a distance of 20.00 feet to the northeast corner of said SE '/4 of the SW '/4; Thence along the east boundary of said SE '/4 of the SW '/a S 0031'14" W a distance of 384.24 feet to the POINT OF BEGINNING. This easement contains 7,684 SF (0.176 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC NPR LANp March 19, 2019 ��o s T sG _ 11118 kov �iiL9TF 0 F TON W Np, Shelbourne South—Sewer Easements Lan�)o9LaltjanS k_/-Land Surveying and Consulting School Parcel-Perm Job No. 19-0 Page 1 of Page 153 Item#11. .Legal Description Temporary Construction Easement Meridian Joint School District No. 2 Parcel Proposed Shelbourne South Subdivision An easement located in the SE % of the SW% of Section 28, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the southeast corner of the SW'/4 of said Section 28, from which an Aluminum Cap monument marking the southeast corner of the SE % of said Section bears S 89°14'43" E a distance of 2660.54 feet; Thence N 0°31'14" E along the east boundary of said SW % a distance of 940.13 feet to the POINT OF BEGINNING; Thence along said boundary S 0°31'14" W a distance of 30.00 feet to a point; Thence leaving said boundary N 89014'43"W a distance of 50.00 feet to a point; Thence N 0031'14" E a distance of 414.04 feet to a point on the north boundary of the SE % of the SW % of said Section 28; Thence along said boundary S 89°28'46" E a distance of 50.00 feet to the northeast corner of said SE % of the SW%; Thence along the east boundary of said SE % of the SW % S 0031'14" W a distance of 384.24 feet to the POINT OF BEGINNING. This easement contains 20,706 SF (0.475 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC Np l LA ND March 19, 2019 �o s \S T FR �pG 11118 i F OF 5 2TON W NPR La dS�Olutii©ns Shelbourne South—Sewer Easements —Land surveym School Parcel-Tempq and Consulting Job No. 1 9-0� Page 1 of Page 154 Item#12. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: TM Crossing Subdivision No. 5 Sanitary Sewer and Water Main Easement No. 1 Page 155 ADA COUNTY RECORDER Phil McGrane 2022-033772 BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 04/06/2022 08:05 AM CITY OF MERIDIAN, IDAHO NO FEE ESTM-2022-0148 TM Crossing Subdivision No. 5 Sanitary Sewer and Water Main Easement NO. 1 NIT EA E THIS Easement Agreement, made this 5th day of April 2022 between SCS Investments LLC,DWT Investments LLC and BVB Ten Mile Crossing Annex LLC ("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 13) 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. Sanitary Sewer and Water Main Easement V.0 1/0 1/2020 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 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] Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTOR: SCS INVESTMENTS LLC an Idaho limited liability company By: L�7 -- Michael A. Hall, President STATE OF IDAHO } :SS. County of Ada } On this I f +th day of August, in the year 2021,before me a Notary Public of said State,personally appeared Michael A. Hall, known or identified to me to be the President of SCS Investments LLC,the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such 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 written above. r SHARI VAUGHAN Notary Public for Idaho Notary Public-State of Idaho My Commission expires:— " Commission Number 20181002 My Commission Expires Jun 1, 2024 DWT INVESTMENTS LLC an Idaho limited liability company By: Brighton Corporation, an Idaho corporation, Manager By: Robert L. hillip, President STATE OF IDAHO ) ss. County of Ada ) On this_ day of August, in the year of 2021, before me a Notary Public of said State, personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation, the Manager of DWT INVESTMENTS LLC, the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such 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. V-621-=State _ HAN Notary PublicSL for Ida ate of Idaho My Commission expires C� r —;�Oer 20181002Myes Jun 1, 2024 BVB TEN MILE CROSSING ANNEX, LLC An Idaho limited liability company By: BV Management Services, Inc., Manager By: Cortney'Liddiard, Pre ident STATE OF IDAHO } :ss. County of Bonneville } On this day of August, in the year 2021, before me a Notary Public of said State, personally appeared Cortney Liddiard, known or identified to me to be the President of BV Management Services, Inc.,the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation,and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official set the day and year in this certificate first written above. BRA NDI LOVE COMMISSION NO.37925 NOTARY PUBLIC STATE OF IDAHO Notary Public for Idaho [MY COMMISSION EXPIRES t}4112126 My Commission expires:_)-�-��-ac�alo. GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 4-5-2022 Attest by Chris Johnson, City Clerk 4-5-2022 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 4-5-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2028 Sanitary Sewer and Water Main Easement REV,01/01/2020 Item#12. E N G I N E E R I N G March 15,2022 Project No.21-050 TM Crossing Subdivision No.5 City of Meridian Water and Sewer Easement Legal Description Exhibit A A parcel of land for a City of Meridian Water and Sewer Easement situated in a portion of the Southwest 1/4 of the Northwest 1/4 of Section 14,Township 3 North,Range 1 West,Boise Meridian,City of Meridian,Ada County,Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the West 1/4 corner of said Section 14, which bears N89°11'30"W a distance of 2,656.47 feet from a found aluminum cap marking the Center 1/4 corner of said Section 14; Thence following the southerly line of said Southwest 1/4,S89'11'30"E a distance of 348.37 feet to a point; Thence leaving said southerly line,N00°48'30"E a distance of 19.40 feet to the POINT OF BEGINNING. Thence N89°11'30"W a distance of 90.32 feet; Thence S00°48'26"W a distance of 15.52 feet; Thence N89°11'34"W a distance of 20.50 feet; Thence N00°48'26"E a distance of 207.08 feet; Thence S89°11'34"E a distance of 20.00 feet; Thence N00°48'26"E a distance of 12.57 feet; Thence N08°47'45"E a distance of 50.42 feet; Thence S81'12'15"E a distance of 21.00 feet; Thence S08'47'45"W a distance of48.95 feet; Thence S00°48'26"W a distance of 185.19 feet; Thence S89'11'34"E a distance of 69.82 feet; Thence S00°48'30"W a distance of 17.48 feet to the POINT OF BEGINNING. Said parcel contains 10,685 square feet,more or less,and is subject to all existing easements and/or rights-of- way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. g a 1 59 OF 1y�� qv 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939• kmengllp.com Page 162 Item#12. S. 28 002 15 E Van�4ara Way � N08'47'45"E p O 50.42' (U f-+ _ N00'48'26"E f 1 N `� Q 12.57' o �n Z m a S89'11'34"E N s 20.00' o Proposed 0 50 100 150 W 4- a, W TM Crossing L o g Subdivision No. 5 Plan Scale: 1"=5o' `~ Lot 10, m m Block 1 LEGEND 1E 3 N U CD Lot 11, Block 1 ® FOUND ALUMINUM CAP X CU O c CALCULATED POINT W O m 0 0 00 — ~- — — SECTION LINE Z � N LOT LINE 2 Cl I - - -- ---- PROPOSED EASEMENT LINE 4- GC 'dam, E Z Z,ZT/-T-T0 PROPOSED EASEMENT AREA :a Z Lot 9, V o .+�' % Block 1 S v f0 L Z 41.00 N = O a 20.50' 20.50' u 3 C S89'11'34"E 69.82' Wa S00'48'30 DATE: MARCH2O22 r 17.48' Lot 12, Block 1 PROJECT: 21-050 o N I N89'11'34"W 20,50' N00'48'30"E SHEET: N 15 14 N89'11 30"W 90.32' Yi�f 9.40' (TIE) 1 OF 1 Lay_:� S00'48 26 W 15.52 _ _ _ 2308.10' - - - N89'11'30"W 348.37' - - ' POINT OF \ BEGINNING BASIS OF BEARINGS_ / POINT OF COMMENCEMENT N89111'307W 2656.47' + E N G I N E E R I N G FOUND ALUMINUM CAP TM Crossing FOUND ALUMINUM CAP 5725 N.DISCOVERY WAY p BOISE,IDAHO 83713 4 W 1/4 CORNER SECTION 14 I CENTER 1/4 CORNER SECTION 14 PHONE(208)639-6939 Subdivision No. 1 kmengllpsom d Page 163 Item#12. a u � N h r V R h h o n q � o � C O N V 3 m a U p 00 p 9 O N O O o N p O C 69.82 s89°11'34"e n89011'30"w 90.32 3 Title: Water and Sewer Easement-DWT Date:03-15-2022 Scale: 1 inch=50 feet File: Tract 1: 0.245 Acres: 10685 Sq Feet:Closure=n08.2907w 0.00 Feet: Precision=ll737676: Perimeter=759 Feet 001=n89.1130w 90.32 006=n00.4826e 12.57 011=s89.1134e 69.82 002=s00.4826w 15.52 007=n08.4745e 50.42 012=s00.4830w 17.48 003=n89.1134w 20.50 008=s81.1215e 21.00 004=n00.4826e 207.08 009=s08.4745w 48.95 005=s89.1134e 20.00 010=s00.4826w 185.19 Page 164 Item#13. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: TM Crossing Subdivision No. 5 Sanitary Sewer and Water Main Easement No. 2 Page 165 ADA COUNTY RECORDER Phil McGrane 2022-033774 BOISE IDAHO Pgs=8 CHE FOWLER 04/06/2022 08:06 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0149 TM Crossing Subdivision NO. 5 Sanitary Sewer and Water Main Easement No. 2 S I TFUS Easement Agreement, made this 5th day of April 2022 between BVASB Ten Mile Retail Food Building LLC, ("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 _ e 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 ) 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.- Sanitary Sewer and Water Main Easement' REV.01/01/2020 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 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] Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTOR: BVASB TEN MILE RETAIL FOOD BUILDING, INC. an Idaho limited liability company By: BV Management Services, Inc., Executive Manager By - ortney Liddiard, Preid ent By: Brighton Corpor tion, Executive Manager By: Robert L. Phillips, President STATE OF IDAHO } :ss. County of Bonneville } On this the day of August, in the year 2021, before me a Notary Public of said State, personally Cortney Liddiard,known or identified to me to be the President of BV Management Services, Inc.,the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation,and acknowledged to me that such company executed the same. IN WITESS WHEREOF, I have hereunto set my hand and affixed by official seal the day and year in this certificate first written above. BRANDI LOVE COMMISSION NO. 37925 NOTARY PUBLIC Notary Public for Idaho STATE OF IDAHO My Commission expires: �-AAa -ao MY COMMISSION EXPIRES 04112126 STATE OF IDAHO :SS. County of Ada 7 On thisC !' day of August, in the year 2021, before me a Notary Public of said State,personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation,the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation,and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal the day and year in this certificate first written above. EN.tar.y'PHublic IVAUGHAN -State of IdahoNotary Public for Idaho Number 20181002 My Commission expires:— Expires Jun 1, 2024 GRANTEE: CITY OF MERIDIAN Robert E.Simison,Mayor 4-5-2022 Attest by Chris Johnson, City Clerk 4-5-2022 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 4-5-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature 3-28-2028 My Commission Expires_ Sanitary Sewer and Water Main Easement REV.01/01/2020 Item#13. E N G I N E E R I N G March 15,2022 Project No.21-050 TM Crossing Subdivision No.5 City of Meridian Water and Sewer Easement Legal Description Exhibit A A parcel of land for a City of Meridian Water and Sewer Easement situated in a portion of the Southwest 1/4 of the Northwest 1/4 of Section 14,Township 3 North,Range 1 West,Boise Meridian,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the West 1/4 corner of said Section 14,which bears N89°11'30"W a distance of 2,656.47 feet from a found aluminum cap marking the Center 1/4 corner of said Section 14; Thence following the southerly line of said Southwest 1/4,S89`11'30"E a distance of 355.97 feet to the POINT OF BEGINNING. Thence leaving said southerly line, N00°48'26"E a distance of 3.88 feet; Thence N89°11'34"W a distance of 97.92 feet; Thence N00'48'26"E a distance of 15.52 feet; Thence S89°11'30"E a distance of90.32 feet; Thence N00.48'26"E a distance of 17.48 feet; Thence S89.11'34"E a distance of40.56 feet; Thence N00°48'26"E a distance of 15.50 feet; Thence S89.11'34"E a distance of 26.00 feet; Thence S00'48'26"W a distance of 48.50 feet; Thence N89'11'34"W a distance of 38.95 feet; Thence S00.48'26"W a distance of 3.88 feet to the southerly line of said Southwest 1/4; Thence following said southerly line,N89.11'30"W a distance of 20.00 feet to the POINT OF BEGINNING. Said parcel contains 4,079 square feet, more or less,and is subject to all existing easements and/or rights-of- way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. gti .e 12459 0 to OF 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939• kmenglip.com Page 171 P:\21-050\CAD\SURVEY\EKHIBITS121-0SO CITY OF MERIDIAN WATER AND SEWER EASEMENT6VASB.DWG,AARON WLARD,3/2512022,\\%MEBOIDCI\TOSHISA E FWV0 907,— 3 ilk L'n S. Ten Mile Rd. W moo C z 00 /o o r zKo I co - 0 r r DI zo O O O KM O '°m { o Ln K z z m 4 ) N r r Ln I �p lip. V l♦ p II'\ U) f 00 (SOD z C7 8.4 1 ltD cppD. Z-I OD f_ N �W O O c OD z W o CO m V CID O a r+ 0— Z L4 ID o �o I �o W OD r �• <' W Cn N Z P° I m N I (� Vf' n O �Q Z �N Z W N --% 'O p' EA TEA CD p_ o \ O o Ln LP) 5' �z o \ J N a. o ' z to 0 — cn 0)ao z ;��,J m crl �i V— +IN I I� G J C � co W 1 m* (O 4 C o Y O ro J o rn c 0W all Z' Do zI I S 40 8 26W" rn N O I z N I 1 ® o o � < I I �, 00 I in 1 os O o Z I! I N N m �-1 h I 3 m i o Cp D W y X D Ln — m v r cn 0 TI ro NC: q 0 n 0 0 o � r- c m — I 00 r -_1 C7 Z N O K 0 m m z D LnILn C z � 0 v Z o c o0 -4v \ N m z _ M M o c v v D r ;1 Z m o z o m Exhibit B S Q 1m a -. xz0z- City of Meridian Water Easement 3mm- m 0 a'0Om TI B �mA 3 K N A Situated in a portion of SW 1/4 of the NW 1/4 of w N 2 K z yo o Section 14, T.3N., RAW., B.M., City of Meridian, Ada County, ID v V N Item#13. 26.00 [4'1i34'c 40.56 �rys 3 s89111134"e ,� o 90.32 Q v 0 s89111130"e a n89°11134"w _n89°11'34"w H 97.92 '� 38.95 Title: Sewer and Water Easement-BVASB Date:03-15-2022 Scale: 1 inch=50 feet File: Tract 1: 0.094 Acres: 4079 Sq Feet:Closure=n81.2538w 0.01 Feet: Precision=1/41467: Perimeter=419 Feet 001=n00.4826e 3.88 006=s89.1134e 40.56 011=s00.4826w 3.88 002=n89.1134w 97.92 007=n00.4826e 15.50 012=n89.1130w 20.00 003=n00.4826e 15.52 008=s89.1134e 26.00 004=s89.1130e 90.32 009=s00.4826w 48.50 005=n00.4826e 17.48 010=n89.1134w 38.95 Page 173 Item#14. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Topgolf Water Main Easement L17l CITY OF MERIDIAN, IDAHO NO FEE E5MT-2022-0119TopgoU WATER MAIN EASEMENT THIS Easement Agreement, made this 5dh day of April 2022 between BVA8C Eagle Vi LLC ("Grantor"), and the City of Meridian, nn Idaho Municipal Corpo rat ion T(]runtee"); YVREDE/\S, the Grantor desires to provide uv/atrr main right-of-way across the premises and property hereinafter pudicu|adybnundcd and described;and WHEREAS, the water ouuiu is to be provided for thnouch underground pipelines to be consbuctodby others; and WHEREAS, it will be necessary to maintain and service said pipelines fronu time to time by the Grantee; NOW, THEREFORE, in consideration of the hcncfitx to be received by the Grantor, and other good and vu|uoh|t consideration, the Grantor duco hereby give, grant and convey unto the Grantee the right-of-way for an cuxcoucnt for the operation and nnaintcnuuoc of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose ofonnmbuotionand operation of water mains and their allied facilities, together with their maintenance, repair and rcp|aucrncnt at the convenience of the Grantee,with the free right of access to SLICII facilities at any and all times. TO HAVE AND TO y{0LD` the said tuscmeoi and right-of-way unto the said Grantee, it's suuucosors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, (]runtcc shall restore thc area of the easement and adjacent property to that existent prior to undcduking such repairs and maintenance. Rovvcvc,, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was p}urod there in violation oy this easement. THE GR/\Y4T{)K covenants and agrees that Grantor will not place or allow to be placed any permanent structures, io:es` brush, o, perennial shrubs or Oov/co within the area described for this eaocmtnt, which vvou|d interfere with the usc of said cuuenocut, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that ohould any pad of the right-of-way and easement hereby granted shall hccomc part of, or lie within tile boundu,icsofany \/crsionOl/Ol/2O20 Water Main Easement 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: Thel W. sper, Vice President of BV Management Services, Inc., an Idaho corporation,the Executive Manager of BVABC Eagle View, LLC STATE OF IDAHO ) ) ss County of Bonneville ) This record was acknowledged before me on /�� �� (date) by Thel W.Casper (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 BVABC Eagle View, LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Vice President of the Executive Manager of BVA.BC Eagle View, LLC (type of authority such as officer or trustee) (stamp) LNOTARYPUBLIC RANDI LOVE Notary Signature ISSION NO. 37925 My Commission Expires: TE OF IDAHO SION EXPIRES 04/12126 Water Main Easement Version 0I/01/2020 I GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 4-5-2022 Attest by Chris Johnson, City Cleric 4-5-2022 STATE OF IDAHO, ) : SS. County of Ada ) This record was acknowledged before me on 4-5-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Cleric, respectively. Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Version OI/01/2020 Item#14. 2775 W.Navagator Drive,Suite 210 Idaho Office Meridian,Idaho 83642 Tel: 208.463.4197 www.horrocks.com I IO R R O C K S Fax: 208.463.7561 I: N G I N E E R S 1, LAN Date: February 1, 2022 kHS��s Project: ID-1755-I905 .I Page: 1 of 1 � 4,02-01-22 p EXHIBIT A rF o pop ON WRIT' This Easement is situated in a portion of the N.E. ''A of the S.W. '/4 of Section 16, Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada County Idaho, also being in Lot 20, Block 1 of Rackham Subdivision, Book 120,pages 18,582 to 18,588, records of Ada County and more particularly described as follows: 1) COMMENCING at the northwest corner of said Lot 20; thence along the north boundary of said Lot 20, also being along the southerly right-of-way of Interstate 84 as shown on the Plan and Profile plan set of Interstate Highway No. 84, F.A.P. No. IR-84- 1(12)45 on file in the office of the Idaho Transportation Department, 2) N.82°19'49"E., 87.76 feet to the northeast corner of Utility Easement, instrument#2020- 117724, records of Ada county, thence leaving the north boundary of said Lot 20 and following along the east boundary of said instrument#2020-117724, 3) S.06°50'41"E., 102.29 feet; thence continuing, 4) N.75°17'31"E., 12.18 feet; thence continuing, 5) S.14°42'29"E., 20.00 feet to the POINT OF BEGINNING; thence, 6) S.14°42'29"E., 19.00 feet; thence, 7) S.75°17'31"W., 11.83 feet to a point on the east boundary of said instrument# 2020- 117724; thence along said east boundary, 8) N.14°42'29"W., 19.00 feet; thence continuing, 9) N.75°17'31"E., 11.83 feet to the POINT OF BEGINNING. Page 178 Item#14. EXHIBIT B DOMESTIC WATER EASEMENT RACKHAM SUBDIVISION 11 0 N82°19'49"E 87.76' 4 I 1 Q P� � � O � I C k P.O.C. 4 ~ o N 4 i ht � R: y rr F�_ � 4 Y co co l (NOT TO SCALE) m U) �I L o = Y 1 In Y O � m ti ly� �s�4,c�NSF s a LOT 20, BLOCK 1 RACKHAM SUBDIVISION, 4 N BOOK 120, PAGE 18582 0�02-01-220 ti 7 EXISITING UTILITY ti a EASEMENT, INST4 ti 2020-117724 4 w 4 4 r 4 4 N75°17'31"E 4 12.18' 0 4 4 W LEGEND: 1 � S14°42'29"E CALCULATED POINT ` �20.00' E OO LOT CORNER N75017'31"E _ 11.83' P.O.B. LOT LINE E — — — — — EXISTING UTILITY EASEMENT S14°42'29"E P.O.B. POINT OF BEGININNG 19.00, P.O.C. POINT OF COMMENCEMENT (V14°42'29"W 19.00, WATER VALVE EASEMENT 0 S75°17'31"W 11.83' xoRRoc TjDAETE G INFO 1111� 13 N Q I N E E R 5 EXHIBIT B 0211122N.T.S2775 West NaVlgator Dr.,Suite 210 DATEOMer#dian,ID 93542 -2t722 (208)89&2520 LOT 20 RACKHAM SUBDIVISION, ADA COUNTY -PRE,"NOEETIFORLII' G Pa e 179 vwrr✓.horr"cks.cem PAGE 07 g Item#15. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Graycliff Estates Subdivision No. 2 (FP-2022-0005) by KB Home, Located at 684 W. Harris St. Page 180 Item#15. E IDIAN:--- IDAHO C� MEMO TO CITY COUNCIL Staff Contact:Sonya Allen Meeting Date: March 8, 2022 Topic: Final Plat for Graycliff Estates Subdivision No. 2 (FP-2022-0005) by KB Home, Located at 684 W. Harris St. Request: Final Plat consisting of 54 building lots and 6 common lots on 13.26 acres of land in the R-8 zoning district. Information Resources: Click Here for Application Materials Page 181 Item#15. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 4/5/2022 h l IWJILL7LJIY\f LC W VICTORY ROAD DATE: u TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 ��� 7yM-LLLLJ SUBJECT: FP-2022-0005 — """""'SS' ' s Graycliff Estates No. 2 EN.P�,�, � � s - a LOCATION: 684 W. Harris St.,in the SE 1/4 of Section I 25,Township 3N.,Range 1 W. PROJECT LOCATION W-iY KOw I. PROJECT DESCRIPTION Final plat consisting of 54 buildable lots and 6 common lots on 13.26 acres of land in the R-8 zoning district for the second phase of Graycliff Estates Subdivision. II. APPLICANT INFORMATION A. Applicant: Sabrina Durtschi,KB Home— 1414 Bannock, Boise, 1D 83702 B. Owner: Thomas Coleman,KB Home— 1414 Bannock,Boise,ID 83702 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2019-0129)in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. There is no change to the number of buildable lots or common open space,therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. Page 1 Page 182 Item#15. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 1/31/2020) GBAYCLIFF ESTATES SUBDIVISION PRELIMINARY PLAT-MERIOI ,IOAHO-2Q20 -r D5y • " �--� mnxm mPUT _.—-' � �' •\ �—.•—.— aaEw I ,� L-r..rE Eu I Lo-r warn r �� llilt — I � 1 x • Ch O h s q xz: _._._. r•1 A ue r TO E n o z. 00 c �PP-1 Page 183 Item#15. B. Final Plat(dated: 1/6/22) GRAYCLIFF ESTATES SUBDIVISION NO.2 BOOK- ,PAGE-LOCATED IN THE SE 114,AND THE NE 114 OF THE SW 114 OF SECTION 25,T_3N_R_1W.D M_ CRY OF MERIDIAN,ADA COUNTY,IDAHO 2022 -��, ® 9� wa7�6° it c�P d �= Q � •��9 '�!�a �- .. -• i� , gu LEGEND S �ry - P'.ae q =w°$x�o.�amvw o�wwn emlor¢nxw°wmwawiwwew 0 e i 3 ¢®Y�°iu H � °V© 1.rvtd. -- as Lan olutions lane wrveyirg and Consuldng e+`. rwuewM°e4T'esLe _cvw.e.dserwr.rrweM..s.�r.nn<.r...°..ur.M a�6 SHEET OF GRAYCLI FF ESTATES SUBDIVISION NO.2 BOOK_PAGE w w`.w'O Lan olutions Land Sun yirg and ConsuNing SHEET OF Page 3 Page 184 Item#15. C. Landscape Plan(dated: 05/21/2020)& Site Amenity Details LANDSCAPE IMPROVEMENT PLANS T GRAYCLIFF ESTATES PHASE 2 MI W HARMST MERMAN 2 (SEC-NIYY) -0-PE REQUIREMENTS I-E—E N-ES I—EI-E.. El SITE INFORMATION ANCISCAPE 1111UGATION SYSTEM z M .uTa.o TMrx���.E.�.,� � t� �.. �9 �®��� � IUGFET-0E-WAY MOSCAPE MAINTENANCE MATU IJNE SEE SHEET LI U PLANTING IMSEND 0 'o Ei ul; ]Ui ------ ------- Page 185 Item#15. �\ \ RANHNG G:GEM a . .saaas�`yra"1 lk / I � s MWTUi HNE_SEE SHEET LI 01 Ir., �mmt£n,wnc,vo srwwc .RW mMsrnwxc-xuxn-iauu 4 3 sAxaEeicxourocwmEwmxs `� ��° c�f y 5R . I LI.03 Page 5 Page 186 Item#15. D. Common Driveway Exhibits NORTH ----------- .•.. Q 1----------I o O I � � I ?pafnno I oz<o na N 2p 0. O 1 Apn6vmf 4�, Z n Q r I I `� .. . _� m -n = C 1 20.0' W W W SET9RCK � � I I 1 0� C I nyo rL i am Q O V/ -----�' t—=— nZoK q a uf"i�^ r e ammo o ro --- — -- —i Nso > o oti mm� z o i 20.0 cal n _ zx"' � N SETBACK wo n ~�� 2 I N I I I I r > 1 No ZA 1 O m N ------------- � I---- � I I o~cam-. (0 I � I 1 pom I I 112.0'1 s I a vn 1 SETBACK 20.0' o m I [SETBACK Page 187 Item#15. r--------- NORTH I.' Ip 1 1 f oa ac"A _ 1 0 ��7 2o.D J o�>� Mm O N --i M Y vo a j 0Z -< `__— N __ 1 o r= I----------- C n 1 m 7l 24 d SETBACK s 1 2 C W.LYRA h o 1 1 — — M ci L — — — _o a � r C T��—� N N�00 ----p.T---I-- o CO o >z r NnM4 I a MAO<4 24.4' s 1 Z �l o n Y j SETBACK N j�ll In 10 N co > - 5.4 N n n f�+� m Mtn Cn a to azxcjl �flo 20.4' I W SETBACK r C I O o 00 SETBACK Q � o Page 7 Page 188 Item#15. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst. #2015-112095, 1st Addendum Inst. #2019-086664, and 2nd Addendum Inst. #2020-066784) and preliminary plat(H-2019-0129)applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the previous phase final plat(on or before December 23, 2023); 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 Land Solutions, stamped by Clinton W. Hansen, dated: 1/6/2022, included in Section V.B shall be revised as follows: a. Note#8: ". . . Lot 1,Block 27 is reserved for a City of Meridian well lot. Lot 2,Block-27 is reserved for a City of Meridian Park,unless the City Council determines a public park is not preferred in this development. . ." b. Graphically depict the ACHD storm water drainage easements referenced in Note#9. c. Note#12: Include the recorded instrument number for the CC&R's. d. Add note: "The bottom of structural footing shall be set a minimum of 12-inches above the highest established normal ground water elevation." e. Include the recorded instrument number for the ACHD permanent easement line noted in the Legend. f. Include the recorded instrument number for the existing ACHD permanent easement graphically depicted on the plat. g. Depict the public pedestrian easement for the multi-use pathway across Lot 2, Block 7 and include the recorded instrument number for the easement. A copy of the revised plat shall be submitted with the final plat for City Engineer signature. 5. The landscape plan prepared by Kimley Horn, dated 01/14/2022,included in Section V.C, shall be revised as follows: a. The street buffer along S. Oakbriar Way shall include shrubs and other vegetative groundcover; and trees shall be depicted within the buffer south of W. Learmont St. outside of the Sundell lateral easement as set forth in UDC 11-313-7C.3 and as depicted on the preliminary plat landscape plan. Revise the Landscape Requirements table accordingly. b. Depict shrubs and other vegetative groundcover along all pathways as set forth in UDC 11- 313-12C.2. c. Include the total linear footage of parkways(minus 26' for each driveway) and the required vs. provided number of trees in the Landscape Requirements table.In areas where there is an ACHD storm water drainage easement that prohibits trees, the required trees shall be placed elsewhere on the site. d. Depict landscaping within Lot 2,Block 7 in accord with the standards listed in UDC 11-3G- 3E; and a 10-foot wide multi-use pathway with landscaping along the pathway in accord with the standards listed in UDC 11-3B-12C.Note: The improvements in this lot are not required Page 189 Item#15. to be installed until the larger park area develops. If the City Council determines a public park is not preferred in this development, the area shall be developed as private open space for the development. A copy of the revised landscape plan shall be submitted with the final plat for City Engineer signature. Note:Alternative Compliance to UDC 11-3B-12Cfor the landscaping(i.e. trees) required adjacent to the multi-use pathway and to UDC 11-3G-3E.2 for the landscaping(i.e. trees) required within common open space within the Williams pipeline easement on Lot 2, Block 7 was previously approved with H-2018-0054.A total of 35 additional trees were required to be provided within the development(or within another City park as determined appropriate by the Planning Division and Park's Department) based on the calculations provided. 6. All development within the Williams Northwest Pipeline easement must adhere to the most current standards in the Williams Gas Pipeline Developers' Handbook. 7. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. 8. Future homes within the development shall be generally consistent with the building elevations referenced in the Development Agreement(Inst. #2020-066784). 9. The rear and/or side elevations of 2-story homes abutting the collector streets(W.Harris St. and S. Oakbriar Way)on Lots 14-15,Block 1 and Lots 21-32,Block 5, shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step- backs,pop-outs),bays,banding,porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the public street. Single-story structures are exempt from this requirement. 10. Common driveways shall be paved with a surface with the capability of supporting fire vehicles and equipment in accord with UDC 11-6C-3D.4. 11. A perpetual ingress/egress easement shall be filed with the Ada County Recorder for the 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.8; a copy of said easement shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 12. Homes on Lots 11-13 and 21-23,Block 5 shall comply with the setbacks depicted on the common driveway exhibits in Section V.D. 13. The well lot(i.e. Lot 1,Block 7) shall be conveyed to the City of Meridian by deed after the plat is recorded,prior to issuance of the first Certificate of Occupancy within the development. 14. The City park lot(i.e. Lot 2,Block 7) shall be conveyed to the City of Meridian by deed at such time as the larger park area is also conveyed to the City that lies in the adjacent Brundage Estates and Biltmore Estates subdivisions. If determined by the City Council that a public park is not preferred in this development,this lot shall be improved as private open space for the development. In the interim,this lot shall be maintained by the Homeowner's Association and kept free of weeds. 15. A surety valid for a period of three(3)years shall be submitted to the City for the 10' wide multi- use pathway, landscaping and irrigation improvements on Lot 2,Block 7,the future City park lot, prior to signature on the final plat by the City Engineer;the surety may be required to be extended if the remainder of the land designated for a City Park isn't ready to develop at that time. If the City Council determines a City park is not preferred in this development during the Page 9 Page 190 Item#15. aforementioned time period(or the extended time period,as applicable),the surety will be released and the lot shall be improved as private open space for the development; or, if ownership of the lot is transferred to the developer of the adjacent parcels for improvement as a City Park and that developer agrees to improve the lot as part of the future City Park,the surety will be released. Landscaping/irrigation shall not be installed on this lot until the larger 11+/-acre park area is ready to be developed that is also part of Biltmore Estates and Brundage Estates subdivisions. 16. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 208-887-1620 or Susan.L.Prescott(&usps.g for more information. 17. All fencing shall comply with the standards of UDC 11-3A-7C. 18. 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. Water valve spacing shall not exceed 800 feet. 2. Water blowoffs should be installed per City standard drawing W 13. 3. Manholes shall be placed in the roadway whenever possible. Manhole SSMH B3 and SSMH B2 are currently located in the sidewalk and common driveway and must be moved to the roadway. 4. Separation between infiltration trench and sewer main is 10 foot minimum. 5. The streetlight plan has not been approved.The streetlights will need to be installed and operational, with approved record drawing,before any form of occupancy. 6. No geotechnical report was provided with this application. A geotechnical report will be required to be submitted and reviewed prior to signature of the final plat. General Conditions: 7. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 8. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development,coordinate main size and routing with Public Works. 9. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 10. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 11. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. Page 191 Item#15. 12. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 13. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 14. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 15. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 16. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 17. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 18. Developer shall coordinate mailbox locations with the Meridian Post Office. 19. All grading of the site shall be performed in conformance with MCC 11-1-4B. 20. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 21. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 22. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 23. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 24. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Page 11 Page 192 Item#15. Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 25. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 26. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 27. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 28. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 29. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 30. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 193 Item#16. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Skybreak No. 1 (FP-2021-0058) by DevCo, LLC, Located at 3487 E. Adler Hoff Ln. and 7020 S. Eagle Rd. Page 194 Item#16. E IDIAN:--- IDAHO C� MEMO TO CITY COUNCIL Staff Contact:Alan Tiefenbach Meeting Date: April 5, 2022 Topic: Final Plat for Skybreak No. 1 (FP-2021-0058) by DevCo, LLC, Located at 3487 E. Adler Hoff Ln. and 7020 S. Eagle Rd. Request: Final plat consisting of 84 buildable lots and 21 common lots (including a private road) on 35.67 acres of land in the R-8 and R-15 zoning districts. Information Resources: Click Here for Application Materials Page 195 Item#16. STAFF REPORT E IDIANn-=- COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 4/5/2022 Legend DATE: ��Pr�}e�#Lflcfl�ian TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner 0 208-489-0573 000 5t IF ` SUBJECT: FP-2021-0058 Skybreak No. 1 -- I LOCATION: 7020 S. Eagle Rd. &3487 E. Adler Hof -� Ln.,in the south 1/z of the NW 1/4 of Section 4, T.2N.,R.1E. (Parcels# S1404244250 & S1404233650) i I. PROJECT DESCRIPTION Final plat consisting of 84 lots and 21 common lots on 35.67 acres of land in the R-8 and R-15 zoning districts. II. APPLICANT INFORMATION A. Applicant: Conger Group—4824 W. Fairview Ave.,Boise, ID 83706 B. Owners: C4 Land LLC—7020 S. Eagle Rd,Meridian, ID 83642 Peter and Dana Eisenman—3487 E. Adler Hof Ln.,Meridian, ID 83642 111. STAFF ANALYSIS In 2020,the property received approval of an annexation, zoning to R-8 and R-15, and a preliminary plat to construct 316 single family lots on 80.46 acres of land(H-2020-0127, Instr. #2021-119175). This included approval for private streets. A condition of approval of the development agreement required the applicant to submit a wildland safety plan for the hillside area to be approved by the Meridian Fire Department with the first final plat. The applicant did submit this plan and it was deemed to be satisfactory by Meridian Fire. Another condition of approval of the development agreement required an increased rear setback(as shown in applicant's narrative as a"no-build area"dated June 14, 2021)for Lot 74,Block 5, abutting Pagel Page 196 Item#16. Vantage Pointe(now Lot 36,Block 3). This no build area is not indicated on the final plat. Staff has added this as a condition of approval. At time of annexation and preliminary plat the applicant received the following from the City Council that would apply to this phase: 1. Alternative compliance from UDC I I-3F4 that limits gated developments to 50 lots,to allow 106 gated lots. 2. Alternative compliance from UDC I I-3F-4 prohibiting common driveways off private streets,to allow 3 common driveways. 3. Alternative compliance from UDC 11-3B- 12 and UDC 11-3G- 3 requiring minimum landscaping along pathways and within common open space to allow the area surrounding the pathway in Lot 46 of Block 5 to remain in a natural state. 4. A wavier from UDC 11-6C-3 limiting block face to no more than seven hundred fifty(750) feet in length without an intersecting street or alley to allow Block 3, along the southern boundary of the property,to be approximately 1,190 feet in length. Staff notes although the applicant did receive alternative compliance from UDC 11-3B-12 and UDC 11-3G-3 to allow the area surrounding the pathway along Lot 46,Block 5 to remain in a natural state (now indicated as Lot 19,Block 3),this was intended for the area surrounding the natural pathway shown bisecting Lot 19,Block 3 from north to south. This did not extend to the paved golf cart pathway shown in both Lot 18 and 19,Block 3, as the approved preliminary plat landscape plan does show trees along this pathway. Also,the approved preliminary plat and landscape plan indicates sidewalk extending south along Lot 46,Block 3 to the Vantage Pointe subdivision,whereas this is absent on the final plat. Finally,the common drive exhibit indicates a 5 ft. wide landscape strip adjacent to the solid fence as required per UDC 11-6C-3C,but this landscape strip is not shown on the landscape plan. 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 final plat does not increase the number of building lots and/or decrease the amount of qualified open space as shown on the approved preliminary plat,with the exceptions listed above, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. Page 2 Page 197 Item#16. V. EXHIBITS A. Preliminary Plat red-marked to show area of Phase One (date: 6/16/2021) sae^sa'.�'x.xcsso' us9�s-�t t�i us_le� �� �..aaaaaaaaaa�aaaaa..s ---------- � �x ® 0�9 ae �,\ ® �•�i n N99W. 6'Yi 1a9,,�6 469'�8'76'W 13iS..`9' I Page 3 Page 198 Item#16. B. Final Plat(date: 11/19/2021) •^r 1 &PHNN]A'fANB Sfl9°4'a'[tNBO]_ __ -- -- -NN!/!6l4RAYN qq M✓�SB91'f 2EI.53' 1 11 -- N °5641'E 61E.82' -��-� k@15bY1"F M0.]5'd'l/e5[tna[a E rI II 5<M]4isbilR14 Ir g 0 E5,90' ] � 9 /LL1�(PRIVATSI_\ A] 550°19Y8"E F i H4.3X xs y'ti. ee �m N89147WN 4 ] 97 ®--- m l" �dqs,� \_ �_� s a9°47 a n6 e7•J+ HN�a LEGEND N}�21� `_ _ E.ER'CI.6'Y ISNE(MATE) O ' ^ --�--� SII60IVC-fQV 6KtlHKIPRrllNE 9) � -- -- -- Iola `� v 19 �� LOT LINES 29, �S L14w �Hr1:v1Na 1 �8 i5'fARR u7fRAL FASrMfHr .£.CEDAHL]U1+.D"IANC PlWAi'E 1 O ENfSlGIG OEEn OR IniuMf GETA7] 2 7-4 _..-.® -.._ R?MO S'e°RiW.4/GPASlgTFL Nis L13 t JE�J��� ] InrNiPreEre 1 tiI 3 s3 11 s-EN tiExeE ERNE ] narr3 A Ll1 s89.42Y78^e 151.40' uz 99 a. ss e] eL ea rn �' 1 � n a L L I -= —E.YADD L E(PEIYAiBr-� -. �R51�6 __ 1PEW ll 6.9MT6$d POIMY l�Nd__.. N 69°9\B'11 W I63i.11 _.__. ............... ........... 3.............. /f ...i202(p]53�s 1 YANTAGH PHiHi$SOHIIIrEADN SN A0,PG 8576 No build"required at the southeast portion of this lot. C. Graphic on narrative included with DA indicating area of no-build(date: 6/14/2021) I1CIr,IIUUIS %VdIILdrrC fUIIII allUUNVI31UIII W rCL d1I IUCd UI vu11dL LIICy VVUUIU HAW LU IIaVC IUI d UnfibILIVII LU their properties. II Skybreak Neighborhood I� Non-Build Area 45 ------------- -- - fj 1 TI+I 11 l � 30' Setback 15' Setback Mathew smith PA&aei Lange William Lums Troy Kagew Larry 1A1lrll6 Vantage Point Subdivision Page 199 Item#16. C. Landscape Plan(date: 11/17/2021) II-' I_l;''; �"{;_..• �x wry,...,, Y;;•"��� w.mrMr �;.: r hTr•I Ikm $ [_•��� � "Ik I I-k,.�_;..r Ir I I•Ilrnra rwl I -• '�'..•G Y li.r.. '-4.. "�t•_v Rit� 1-:� -° r,O I t.er a.rl Fl•r.-nwr :. •.�:�-_ yN'-ice � I y� .i rFrr. I yy _ III I FlI J1 ik- .. :Iv IIIFII. •c!.-• ln,. — — `• iY r �.FI ti.. I11r L•..lil' . .N €YNG NE .:'"ar:�? 'S' ,?=+.•..J �' IFIr n if i H RI 1I_y ±; t••�i.Y!g-'_ !m'.� — 4. �'L .I W 1RY lL � LL 11."V1. �y/--' }. � •�i I.•rN I IM I: �S. Lh -��_•,;,v,`Fes• P �.�... Y �•� .� �.'f,., — -. .. ... a r„ . : •_�� .''`.'�• •�~ 4,µ I..i r.fi I:I.N-I.I cf-LsI.IM-i I."' ,1i. 'i;. � nll •1'. �•� 4:� hill _ v 18 7T — — A � �•ii V TV 1fF � JIJ z LNtIL �" - .yl.xH, his i.l �. •,rv- Is.._ I�.. II��� —�1� �_•s�44 � L IN ,. . s Its -��� • � ,�•f - _�. I'•Fr -111 Imo_ �F—_ k� _Irl- I.__ �I�� I�Lt nrt_�....�..n.•r 4I r Page 5 Page 200 Item#16. ATC7LNrLS 6 94 I "A89 36 4 96 k;Lu 97 jl� A I w J bm P7-�lj x mll' 99 103 102 S4rayir' 100 kU'U E CE UARH UMT LAKE(PVT) W. LU LU It 5 72 P 8 . 54 5 zs 59 71 Page 6 Item#16. Approved landscape plan shows trees along this pathway BLOCK 3 .: � 11 12 13 .r ,1 14 IS 16 17 seep iA 1B Y. V T$ 10 _ _ u _ � ` `4 - r �._E 6ELFltI"LONE IPYT7 `l F \ 2(1 s „• \� . �+ - M � \ �" Rr 92'- m . .WrA . W BLOCK3 a eeP Y rmi s.yi�e i 2'[ z W 'I Z w ITC�LINE L4 93� y m — — MATCHLINE L3 '� MATCHLINE L5 :: Same area from approved landscape plan •.t WKq 21 u ii L4 Si y GE - 47 37 nin ir�.vr IF FATE NAY 49 A� fTrp) 3 W so 51 ii Pdx I°a - dG \ V S4 1? t 101 Em �0? 41 zt x s3 ift 89 _ t I ID ••, ;' 4. Page 7 Page 202 Item#16. Jnow::maw Adw , YAATE+IL.INE L9 _ {{i{ 29 I 4. .:....:.. .. ...m. ..m`I::. ..:....:.. �.. .:...::::. M aPdk . �r I I -:i I %.. 1 ...::....::...:::: f; >...d•:. J.•+:, �.:5;_'. .., . ...................................:-i E RO"r LAINN LANE{py7} 31 im girINMIL � n., - s. ................... .............{{, ;;; ;; : : :1 <F I 4:'......:'..............:.....:::'..:::'..:' I74 75 76 77 } ............... .:. III III I IIIII�I �I II l i LU - y *. z � .�:.. .. G_. 7 ..' } ' I ......... ...................... = SL4ClC 3r;ii KI< $2 81 8d 79 ri ...... I .I`', 33 :i x E 4ADONIA LANE{PYf! — — — —• >y� h.',.'::.':.'::.':.'::.':.'::::.': --- --- --- -- =— -- �— 35 w r+r.I lar ry LHII x[l'- 39 38 37 I 35 ..:........... I �LdCI(3 r.<hnw r,x L - Page 8 Page 203 Item#16. 52 E f� � � 1 Approved landscape plan shows $ 51 a sidewalk continuing south here . m 62 63 63 67 n ,w.e.KFwr_e Mnl s Ib 49 U; 64 66 I 47 EVAOOMA_LANE(PVT) - - a I ' Z Z J 45 44 43 42 41 40 0 U rc� 'yµUtJ m BLOCKS � r4 I s: I I F Iti4 I S z 161 i45 � 48 49 163 131 146 �•L J STREET N(PRIVATE) - Approved landscape plan showing sidewalk 83 81 oo -w ♦ qs f Page 9 Page 204 Item#16. D. Approved Landscape Plan(date: 6/16/2021) Q_ 1 it j ,u in Page 10 Page 205 Item#16. E. Common Drive Exhibit(date: 11/22/2021) p 1�5DE E°WK TYP BLOCK 3 Ct xMn 11 LOT 14 TAKES DIRECT STREET I I To I I ACCESS. DRIVEWAY LOCATED DM EAST SIDE OF LOT. 12 13 I or 14 15 11W J U FUTURE EMERGENCY a o ACCESS a a 1Q E BELFRY LANE(PVT) om g Ny ' TAKES DIRECT STREET r . : This landscape strip is not shown 5£f6ACK TYP ACCESS. DRNEWAY LOCATED w - Y �ON soDn1 SIDE OF LOT.—— on the proposed landscape plan I f Page 11 Page 206 Item#16. VI. CITY/AGENCY COMMENTS& CONDITIONS A. PLANNING DIVISION 1. Applicant shall meet all terms of the approved annexation and preliminary plat applications (Development Agreement-Inst. #2021-119175,AZ,PP H-2020-0127) approved for this site. 2. The applicant shall construct the street buffers and pathway along S. Eagle Rd. with the first phase of development. 3. The existing residence at 3487 E. Adler Hof Ln. (Lot 23, Block 3)will be required to abandon the well and septic system and connect to City water and sewer prior to the first building permit. 4. Per UDC 11-3F-3,the applicant or owner shall provide documentation of a binding contract that establishes the party or parties responsible for the repair and maintenance of the private street,including regulations for the funding thereof. 5. Prior to City Engineer signature on the final plat,the final plat prepared by Civil Site Works, stamped by Corinne Graham, dated: 11/12/21,included in Section V.B shall be revised as follows: a. A 15 ft. side yard setback and no build area(as shown in Exhibit V.B) shall be indicated on the plat for Lot 36, Block 3, abutting Vantage Pointe. b. A 30 ft. rear yard setback(as shown in Exhibit V.B) shall be indicated on the plat along Lots 36-45,Block 3. c. Plat Note No. 5—add instrument number. d. Plat Note No. 14—add instrument number. 6. Prior to City Engineer signature on the final plat,the landscape plan,prepared by Jensen Belts Associates on 1 l/17/21 included in Section V.B shall be revised as follows: a. Sidewalk meeting the requirements of UDC 11-3A-17 shall be added within Lot 46, Block 3 as shown on the approved preliminary plat landscape plan. b. Trees meeting the requirements of UDC 11-3B-12 shall be provided along the golf cart path in Lots 18 and 19,Block 3 shown on the approved preliminary plat landscape plan. c. A landscape strip meeting the requirements of 11-6C-3D shall be provided on the south side of the common drive in Lot 10,Block 3. d. The landscape plan shall indicate any existing trees on the subject property that are four-inch caliper or greater; or mitigate for the loss of such trees as set forth in UDC 11-3B-IOC. 7. Pathways and adjoining fencings and landscaping shall be constructed consistent with the standards as set forth in UDC 11-3A-7A7, 11-3A-8 and 11-3B-12C. 8. The development shall comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to driveways, easements,blocks, street buffers, and mailbox placement. 9. Developer shall comply with all ACHD conditions of approval. 10. The plat shall comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. Page 12 Page 207 Item#16. 11. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 12. The applicant shall obtain the City Engineer's signature on the subject final plat by July 20, 2023,within two years of the City Council's approval of the preliminary plat; or apply for a time extension, in accord with UDC 11-613-7. 13. Staff s failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. B. PUBLIC WORKS SITE SPECIFIC CONDITIONS: 1. Applicant may consider adding a valve cluster at any location along the water main that will be connected to a future phase because hot tap water connections will not be allowed. 2. Ensure that future sewer connections into manholes are installed at a minimum 90 degrees. 3. The City does not want manholes in sidewalks because they can be a tripping hazard. Sanitary Sewer Manhole A-3 and A-11 are currently shown in the sidewalk and will need to be moved into the right of way. This may require reconfiguration of the water line and additional manholes. 4. A 30-foot Type 1 streetlight with an 8 foot mast arm is needed 220 feet south of the southernmost existing streetlight on South Eagle Road on your plans. 5. Call out the LED fixtures that will be used for both types of streetlights. GENERAL CONDITIONS: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City Page 13 Page 208 Item#16. of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must rile an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-14B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of Page 14 Page 209 Item#16. way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 15 Page 210 Item#17. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for TM Center No. 1 (FP-2022-0009) by Brighton Development, Inc., Generally Located on the East Side of S. Ten Mile Rd. Between S. Vanguard Way and W. Cobalt Dr. Page 211 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: MARCH 22, 2022 ORDER APPROVAL DATE: APRIL 5, 2022 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 7 BUILDING ) CASE NO. FP-2022-0009 LOTS ON 7.44 ACRES OF LAND IN ) THE C-G ZONING DISTRICT FOR ) ORDER OF CONDITIONAL TM CENTER SUBDIVISION NO. 1. ) APPROVAL OF FINAL PLAT BY: BRIGHTON DEVELOPMENT, ) INC. ) APPLICANT ) This matter coming before the City Council on March 22, 2022 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING TM CENTER SUBDIVISION NO. 1, LOCATED IN A PORTION OF THE WEST '/2 OF THE NORTHWEST 1/4 OF SECTION 14, TOWNSHIP 3 NORTH, RANGE I WEST, B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2022, HANDWRITTEN DATE: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CENTER NO. 1 FP-2022-0009 Page I of 3 1/27/2022, by AARON L. BALLARD, PLS, SHEET 1 OF 3," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated March 22, 2022, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein, and the response letter from Josh Beach, Brighton Corporation, a true and correct copy of which is attached hereto marked"Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CENTER NO. 1 FP-2022-0009 Page 2 of 3 issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 5th day of April , 2022. By: Robert E. Simison 4-5-2022 Mayor, City of Meridian Attest: Chris Johnson 4-5-2022 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 4-5-2022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CENTER NO. 1 FP-2022-0009 Page 3 of 3 Item#17. EXHIBIT A STAFF REPORTC� fE COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT DATE: 3/22/2022 TO: City Council TM CENTER SUB Na 1 nxuix an FROM: Sonya Allen,Associate Planner 208-884-5533 ]ENMRE[REEk- SUBJECT: FP-2022-0009 M UAI 0I�I OAl10 TM Center No. 1 PROPERTY LOCATION: f Northeast corner of S. Ten Mile Rd. & S. Vanguard Way in the NW 1/4 of Section 14,T.3N.,R.1 W. .aa n+rcasrAr I. PROJECT DESCRIPTION Final plat consisting of 7 building lots on 7.44 acres of land in the C-G zoning district for TM Center No. 1. Note: The proposed final plat is actually the fourth phase of the TM Center Subdivision preliminary plat(H-2020-0074). [TM Creek No. 5 (I st phase FP-2021-0027); TM Crossing No. 5 (2nd phase FP- 2021-0045); TMFrontline(3Yd phase FP-2021-0047)J II. APPLICANT INFORMATION A. Applicant Josh Beach,Brighton Development,Inc. —2929 W. Navigator Dr., Ste. 400, Meridian,ID 83642 B. Owner: Robert Phillips,DWT Investments,LLC—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 preliminary plat(H- 2020-0074) as required by UDC 11-613-3C.2. The proposed final plat depicts three(3)fewer buildable lots than shown on the approved preliminary plat. Therefore, Staff finds the proposed final plat is in substantial compliance with the approved preliminary as required by UDC 11-6B- 3C. Page 1 Page 215 Item#17. IV. DECISION A. Staff- Staff recommends approval of the proposed final plat with the conditions of approval in Section VII of this report. V. EXHIBITS A. Preliminary Plat (dated: May 29, 2020) TM CENTER SUBDIVISION PRELIMINARY PLAT VICINI Y MAP:I"-iW A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST 1/4 AND A PORTION OF THE VW.F"NKLINRDWEST 1/2 OF THE NORTHEAST 1/4 OF SECTION 14,TOWNSHIP 3 NORTH,RANGE 1 WEST,BOISE MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO,2020 o ,IED..oFGRAwI,�E,N„E 0 0 j o o -- -- .m.,e- A � C O O PRELIMINARY PLAT DATA LEGEND ® © ® C Y ® ® emu [ SURVEY CONTROL N OTES OQ° ® WLM£�r ® � m.rwuse wv usa.m - nm nets�a .sn n0 vnm u TM CENTER SUBDIVISION _ MERIDIAN,IDAHO - —E—EET m,�artM� iv.w xna a-.•' ru yc'Py,cf� km mal un x d..in,�r.m.,io..m ,.I cslP,eIb P.F. �uPP. Page 2 Page 216 Item#17. B. Final Plat(dated: 1/27/22) 4 jpq.33 �E w all f I * I r�r3Ty 8 I i I I I Z f �141F� wL�2Jlr �O r■�k � � I I � � # * I 1 I I � I I I I � � r � r r I IIV1II All - I I I r: I = a � 0xs � a I * i ■ R� R R ■ t Page 3 Page 217 Item#17. — — �■x of TM Center Subdivision No.1 mlrll.uawa■11�Fs_.—..— rmelee� a ,.,�w,."r w....N f.rlse.!.«r.!�.e„14 e■.s 1..1 f M..l. -. = m.c=r.= .rA>rr F rw r r —�=.Awvw b'inas�aiu'..c� w+•ir'f iiai�w.w�cn.lr a.iroi x o.n ari.i rirr w srie r..rr i7+v+,+��+.was■+«rrr=+iarar aril. �+�QI.L IR fY1rS...".Q f Jif�1 R A 4r>1TiM NIF b Yk I �r4.r 111f�.S+�}e.r. IL as+�01 mom. _ M =W X.::wl�.[14 t'c s.wre+wrs,�a■r■.lac.as ��1 i 1�1i��.[il�la.'y[��`a�ip.'��M "�rl r.+lr..r r.l a.ee 1 1•�Rs-.w.a■+Sa1 ro�.!NFatr ilk +a.+¢,.laa K ar+.w•iirr ru.w.i a,s,.r.�r a.r�.._. ■ . o���+al.w 40lrll#Yi sle r B.waIR arx 11Yr eer ac rr�,�aa al we r.qra r r urt rr swn�.�..r iw.l rrx,ar r4�w� w. w��."���la-��■o Ian rF w.a ris r ryn .rm 11l..f!<RT.♦F+.4P.NrMR r.N�r M1 a■r i■tiF ►��+':�"�.'[T.'1`:�r�'�'��w x.[r�.ww r ua+c •[.c r ar orm m���r�a°,a I�.��s.=�.'bi�i� .■Ir■.l r N4u a.w a...a,IP,"q.a1.a Fl.a a.1Yt I laM Im t•In --lP w F V►�s..i l��.w4 il�r,r.vr....aw w.w v i..lm n,r 1 �ilr��.IT wr'��+�,}n�warw��� w�i�rr` '�Iws r 4!lNiYlfa.li.Id-.I.�b..•war�=w��rr.r�aar rS�.r v,Y.•,e��r M14TlI>•�.t.^�n r In A+F w.wr P 1«' !fir a.F..lrw d agq..l M1rS#,Ii 9 r #IPai+4F■..a}L■Ir!■�M LF�iliriiM.���..b. Ih0■�m��sRr Nr..�tl4 Rlf �N re.a•rh-r`=r�r rr I.tir,+Y q��. w sa.r r.rra.v�sran yer ea..m mar. ■.awF'�a■rr�w i 4fian...oY■a i'•i�i ii wY i Mira . �a�J `p■.�.o.Ii��.pn. ss���r��1�oro4ri�4�wr�r■.1wRpw[ice.n.n�..w.r �b�.a.s.1 1'� r�Wr d�.:•tS.�✓ai 1Q F6r+rrl IO4R��l T.�N�ol i�b 11` . y.T.` "MaF1 .ryyMy��.a�.1v1 a`" na Io.��.�..■.po�r�i�pt�n.�w.r�ww1y w�.�a{rr�r��r r�.�ya Ian 1 , r'Zi..�.' _�u=Q Ua �y.l tir a.rra r=a.brl�Mia•IiF wl.�rt s�-- ..r�i ar'Ssttsli sa+s �Il�r +Ialyr�l+4aLNL N!!NR+,r!IOW a�y�a6.4rs.Y�.a■rin.�me F.a W■ ��q.�1q a/��[,�� +�I..r��4+M"•R4..YM rF+S I.F} /RrY 8%r.l.[Y�+.�r•�.^�.$1�1�LG`F�r:4..h i I .r+rrr '�+Ya.+►a++4r4 TLII, "w�laeea[■• ..ar.rlr.++!• � d� Page 4 Page 218 Item#17. C. Landscape Plan(dated: 2/17/21) � f +a - LJ - h „ CID lA DZPE COVER 1 1� f _ r 11 1¢ p i + 1 + +P, - _ - 1 1t1 `'+`'+`+'+t+`+'+'*+�*:. LANDSCAPE P CANTING ENLARGEMENT p �E g km Page 5 Page 219 Item#17. ;k- "VT e'r,T7. a, Ps --vm. T.,.,; M. J —T IT 11 i-'-I ..�4�,ui -VA:%IT k 7 4r III 1 11 T. DECIDUOM TREE PI INGAN—ING 21 —.11�l.l I'T I U.I I I"--T "-`— —T T T %6 a.4TIiF n ..Tx e 7 Page 6 Item#17. 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 [TM Center H-2020-0074,DA Inst. #2021-0891571. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the previous phase final plat, or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by KM Engineering, stamped on 1/27/22 by Aaron L. Ballard, included in Exhibit B shall be revised as follows: a. Note#13: Include the recorded instrument number of the ACHD license agreement. b. References: R4—Include the recorded book and page numbers of the TM Crossing Subdivision No. 5 plat. 5. The landscape plan prepared by KM Engineering, dated 2/17/22 included in Exhibit C, is approved as submitted. 6. Submit a private street application and obtain approval for S. Innovation Ln. prior to submittal of the final plat for City Engineer signature. 7. The subject property shall be subdivided prior to issuance of any Certificates of Occupancy for the site per requirement of the Development Agreement. 8. 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. Sewer on the southern boundary needs to run in South Vanguard Way right-of-way,not in the easement. 2. Ensure no sewer services pass through infiltration trenches. 3. Water services to properties should be 8-inch diameter main to allow for future connection. 4. Fire lines, fire hydrants, and water services should be connected outside of right-of-way; multiple connection points in right-of-way is not desirable. Installing an 8-inch water main on a property boundary line to serve two properties is acceptable. 5. All dead-end water mains must have a blow-off and two valves at the tee. 6. A streetlight plan has not been approved. The streetlights will need to be installed and operational,with approved record drawings submitted,before any form of occupancy will be granted. 7. Streetlights are required on the South Ten Mile Road frontage. Page 7 Page 221 Item#17. General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B- 14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing,landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian.The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years.This surety amount will be verified by a line item final cost invoicing provided by the owner to the City.The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life,non-safety and non- health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Page 8 - Page 222 Item#17. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20- feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor.DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used,or provide record of their abandonment. 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. Page 9 Page 223 Item#17. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 10 Page 224 EXHIBIT B From: Joshua Beach To: Sonya Allen;Adrienne Weatherly;Charlene Wav;Chris Johnson Cc: Bill Parsons Subject: RE:TM Center No. 1 FP-2022-0009 Staff Report for March 22nd City Council Meeting Date: Monday,March 14,2022 2:19:01 PM Attachments: image006.pnng External Sender-Please use caution with links or attachments. Sonya, we are in agreement with the condition of approval. Josh Beach I Assistant Project Manager-Entitlement BRIGHTON CORPORATION Brighton—Creating Great Places 2929 W. Navigator Dr., Suite 400, Meridian, ID 83642 Mobile 208.871.3812 brightoncorp.com From: Sonya Allen <sallen@meridiancity.org> Sent: Monday, March 14, 2022 11:55 AM To: Adrienne Weatherly<aweatherly@meridiancity.org>; Charlene Way<cway@meridiancity.org>; Chris Johnson <cjohnson@meridiancity.org> Cc: Bill Parsons <bparsons@meridiancity.org>;Joshua Beach <JBeach@brightoncorp.com> Subject:TM Center No. 1 FP-2022-0009 Staff Report for March 22nd City Council Meeting Attached is the staff report for the final plat for TM Center No. 1. This item is scheduled to be on the consent agenda at the City Council work session on March 22nd. The meeting will be held at City Hall, 33 E. Broadway Avenue, beginning at 4:30 pm. Please call or e-mail with any questions. If you are not in agreement with the provisions in the staff report, please submit a written response to the staff report to the City Clerk's office (cityclerk(@meridiancity.org) and me as soon as possible and the item will be placed on the regular meeting agenda at a subsequent meeting for discussion. Thanks, Sonya Allen I Associate Planner City of Meridian I Community Development Department I Planning Division 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 1 Direct/Fax: 208-489-0578 NfE ID� Built for Business, Designed for Living 0®©0 All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention,and may be released upon request, unless exempt from disclosure by law. Page 225 Item#18. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Budget Blinds Subdivision (SHP-2022- 0003) by Stephanie Hopkins of KM Engineering, LLP, Located at 1850 W. Everest Ln., at the Southwest Corner of W. Chinden Blvd. and N. Linder Rd. Page 226 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N-, AND DECISION&ORDER In the Matter of the Request for Short Plat to Create Two(2)Buildable Lots on Approximately 1.76 Acres in the C-N Zoning District.,by KM Engineering. Case No(s). SHP-2022-0003 For the City Council Hearing Date of: March 15, 2022 (Findings on April 5,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of March 15,2022,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of March 15, 2022,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of March 15, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of March 15,2022, 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 March 15,2022, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(BUDGET BLINDS SUBDIVISION-FILE#SH -2022-0003) - I - 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 Short Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of March 15,2022, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-613-7.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). 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(BUDGET BLINDS SUBDIVISION-FILE#SH -2022-0003) -2- period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of March 15, 2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(BUDGET BLINDS SUBDIVISION-FILE#SH -2022-0003) -3- By action of the City Council at its regular meeting held on the 5th day of April 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 4-5-2022 Attest: Chris Johnson 4-5-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 4-5-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(BUDGET BLINDS SUBDIVISION—FILE#SHP-2022-0003) -4 Page 230 EX H I BIT A STAFF REPORT (�/ W IDIANn-=- COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 3/15/2022 Legend DATE: ILI LacaTron --- TO: Mayor&City Council _ FROM: Alan Tiefenbach,Associate Planner 208-498-0573 W_CH1HDEH_BL'YD ------- SUBJECT: SHP-2022-0003 Budget Blinds Subdivision Short Plat AX LOCATION: 1850 W. Everest Ln 1x l I. PROJECT DESCRIPTION The Applicant proposes a Short Plat to create two(2)buildable lots on approximately 1.76 acres in the C-N zoning district. II. APPLICANT INFORMATION A. Applicant/Representative: Amanda Wiemiller—KM Engineering—5725 N. Discovery Wy,Boise, ID 83713 B. Owner: Quent Blodgett—3230 N. Eagle Rd. STE 150,Meridian, ID 83646 III. NOTICING City Council Posting Date Newspaper Notification 02/27/2022 Radius notification mailed to properties within 300 feet 02/28/2022 Page 1 Page 231 Item#18. IV. STAFF ANALYSIS The subject property was annexed into the City in 2002 and zoned R-4 as part of the 354.38-acre Lochsa Falls Subdivision(AZ-02-010,PP 02-009). Per the Lochsa Falls Development Agreement (Instr. 103012598)and CUP-02-012, a conditional use permit was required prior to any commercial development on the lot. In 2004 it was platted as part of Lochsa Falls Subdivision No 12 (FP-04-054), and in 2007 the subject property was rezoned from R-4 to C-N(RZ-06-008). When the property was rezoned to C-N, a Conditional Use Permit Modification was also approved to remove the requirement for conditional use permit approval(MCU-06-008). The Applicant proposes to subdivide the subject property(Lot 41 Block 49 of the Lochsa Falls Subdivision 12)into a new plat consisting of 2 lots. The northern lot(Lot 2)will be 42,608 sq. ft. in size and is proposed for an 8,100 sq. ft. retail business. The southern 33,916 sq. ft. lot(Lot 1)is proposed for a future commercial lot. Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in UDC 11-6B-5 and deems the short plat to be in substantial compliance with said requirements. As required per UDC I I-2B-3, a 35 ft. wide landscape buffer in a common lot has already been provided along W. Chinden Blvd, and there is already a 10 ft.wide residential buffer within a common lot provided along the southern property line as required by the development agreement. A landscape buffer is not required along the eastern property line as this is adjacent to a private driveway,but a 15 ft. wide easement for the north slough lateral is provided in this same area. Access is shown to be provided by W. Everest Ln, a private road,which parallels the property along the south and east property lines, including access to W. Chinden Blvd. However,W. Everest Ln, along the eastern boundary of the property, is shown to be within the Knighthill Center Subdivision No I and 2. The applicant will need to provide proof of cross access to the properties to the east(Lot 3,Block 1 of the Knighthill Center Subdivision No 1 and Lot 6,Block 1 of the Knighthill Subdivision No 2)or configure future site plans for access only from the south. The applicant should be required to dedicate cross access easements from Lot 1 to Lot 2 as a condition of approval of this short plat. Staff has reviewed the requested short plat proposal and has determined that it meets the criteria for approval per UDC 11-6B-5. V. DECISION A. Staff: Staff recommends approval of the proposed short plat with the conditions noted in Section VII of this report. B. The Meridian City Council heard these items on March 15,2022.At the public hearing.the Council moved to approve the subject short plat request. 1. Summary of the City Council public hearing: a. In favor: Stephanie Hopkins b. In opposition:None C. Commenting: Stephanie Hopkins d. Written testimony: None e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application:None 2. Key issue(s)of public testimonv: Page 2 Page 232 Item#18. a. None 3. Key issue(s)of discussion by City Council: a. Questions regarding the access to the east, and narking issues along W. Everest Ln. 4. City Council change(s): a. None Page 3 Page 233 Item#18. VI. EXHIBITS A. Existing Lochsa Falls Subdivision No 12 2005 V.rJ EM BLVD w -- ——-- -— ----_-- }Slx � ----- —---------— ----- —� oa— d�5s E�777IJInE I � � emet :ram e,i:. ��egmgrrm�narr � Imre I 11=41 40 fi z IgF. i �° ,` mvx _ I mFIla111telialaEeM � I�� C I.A in m's"F�mer „ trek � � "� .a Vaa 3Nx'am373s�as` T 31 ewa 'm3i ai OI"� 51 e's9>Q}al`=• n�'�asN• m W g ..is V$ 0i,ma ,� e� � uw' el.m eem' weo Elm' +.W' �e,uV esM R+P pmpf NOY 61.Z 4W NFuo' ~mm .� ,.tm FOm' u�r ` 4` il° h '� f1P 11415 � 14�,•.'le -1117 -k119R 19 ®7p sa�11 - AJ{ $mw � 6� p` a • e' c _` + Y19 ti I .• =� p eO8 x'eiw '" alpl Sli . em R'. • 'aA7Ftl� " fl4• rr, �N`a �s s44•. s �� a d�n� It$__ tlp� E sB t ge 7 gA �°� "- bra• � � 7��isss�`sr'e 2I43 r.n � [] uil0 9 [. a •S ` ^y�i.6" y�i�`, �� s,� 't_— —_�_�-__ww•x_E W iiRgMD ,.nr a _saw_xc , 4 $ ♦ CE, ,s :1 ,d A v n e eZr�r`TE7"tiN AWIVE i1 "Q y`$ $Eru rt � n ke rm W um [eo r. y'eO � 'ee1R a� A8 m c,. ,1 �� ,�' I_FGEN❑ 8111111 vu"OL ` .�• r_ � „` � t il.r'e "� ? tl � Iaun901mtlK1l1NME �'z_ eas* w nm xc, °'m J m nmW we M.,m 5 ' - '? . a almu w egs/rim�eEeuFynlE SM z'M'En•E Arlrr�reravExrix M.CWR IRk I - �� �= �_ �- ?;� s- �� �� a�es^w � ,•'` •`saJY F�,It -nsl ` 9.na BNA eNm acc' x rd a yeNl�uE�+----- 1 '�] � ,4 •Ac IF"LLTOANER�s)if% FOP WR+Ho sEr slel W.TANpC CREEK DR. f � � _- II�, ,vm aOl.w axk lla f• '4�T 4..... No 15 ----- -�-9NNWfi'uN[ �r kr x s • a �1 9V 5 ugotV rSry N _-.___-_ssuw la[ $ 5 1M(MiF-IW4 LNE 9Ss 11 u d r� 17 8A 11 77 11 -p 7E F• 4 �-` rs■ ,e u• _ma'� „�d aer r'''� Rev j,`sur 's, y �°�� wl ul6 ,I ��F15A o �'0 slsu'A� IP.lY�•� tdi 5Ug41YIlalON Page 4 Page 234 Item#18. B. Proposed Short Plat(date: 1/26/2022) PLAT OF BUDGET BLINDS SUBDIVISION A RESUBDIVISION OF LOT 41,BLOCK 49,LOCHSA FALLS SUBDIVISION No.12,SITUATED IN THE NORTHEAST 114 OF THE NORTHEAST 114,SECTION 26,TOWNSHIP 4 NORTH, RANGE 1 WEST,BOISE MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO 2022 romn uwnuu crp ry 1/0^gnxER SfLTlpx)E 'U.MbF W.2011-017169 .. ... ... .... .. .. _ RA51t OF gFMpl: 23 W_Chlnden Boulevard .23 24 26 25 opnT JF L`pxuE�CExExr F'p[1�C1 AL.ii C 29 _i HE C.IANEYI 7P 1?-67Ll 76� CPkF 1co.26i7-072170 I r I Lot 46,Block 49 Lachsa Falls Subdivision No.12 - -- {Common Eo-ty _ �99.3s'52"E 2a5-75' I r— — _ _ _______ __+� Pf1NP 4f 6EpxHIHC I I Lw 5'(32E H6it s} I I z f � I u --_:E.T T- E I � I :IF}-:I•• :,:;H LTTE�I�L ;-m IN T 1io Ipcifi_28iY _ $ F835ff59'L I�1i,:: I I # I I 3 I Y 7p.pp'SEWER MO 1W D LUEIJ hT — J❑3 aEF WSi.No 2G77- I - I I d 3296. I I c � ° L—I— —� -- I— N84'3tl'S2"W iA 6.;5' ` — W.Everest Lane(Private) Ladlsa Falls Subdivision No.12 Page 5 Page 235 Item#18. C. Proposed Landscape Plan(date: 1/28/2022) Nwro1 z ri�land.wnr~rixE E.�_ Tre, ,47'PM Cfl•X 1 IJM CibE FREE MIIREn PER 55 LF (y'I�R VRim - (3}fJLGIIhC�m RByN4 (2S NFW TREE,�WCEU W.CKMDEN BUT. 1 �5 +r -----r-------- R� --- -----/ I r - r i I I � I II CiD 5f 4 NEa61 SDWH %8EW 4f11" I- '. LM1TE�L h9.1 U9E�EHT PE8 r m� L I• S 1 ti i dab � a 11 _ W.EVERE5T U1. Et s 'PEA RE 3F AiPER SW W a''RFE RW _2ER Sr LF i!TREES ISEui4Eb ('�IRLES PRWUM VLANDSCAPE PLAN Page 6 Page 236 Item#18. D. Conceptual Site Plan I -IL _ ❑' - I I Nu SIGN sIGN I I [ FENCED `•�—• - STORAGE BUDGET BLINDS _-LL T H L-TE-L YARD 9,1005.F. 4 43 PARKING STALLS (1/188 S SITE:41,532 SF(.953 AC) ��• \® TH, j E-E E T E I T ��d�• 0E it - E E 7.EE TH L H L-TE-L E V I-H E E I T PATIO Lot 11,61 n r.1-•19 y '�..,,ee))FFs9 i e L__—__—_{aChsaFaHsSvhdrvtsiort�lrS2_—__—_ S'= I r L- IS� I PATIO FUTURE BUILDING PATIO Ley 7,560 S.F. y,,, •�s� E E-_ E- _ - 39 PARKING STALLS sum (11199 SF) SIZE:34,9M 5F(.502 AC.); rr [ -1-E I E E E - I I-T1 E-E E Tm E m 1 ( L H-F-LL III W.Everest Lane H (PrNa4. H f I EL-E IE- E- E Page 7 Page 237 Item#18. VII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. The short plat prepared by Kelly Kehrer of KM Engineering included in Section VI.B shall be revised as follows: a) Add a note to the plat that specifies the shared access between the two lots or graphically depict a cross-access/ingress-egress easement between Lot 1 and Lot 2 in accord with the provisions of UDC 11-3A-3A2. b) Applicant shall provide proof of cross access with the Knighthill Center Subdivision No 1 &2(at the east)or all access shall occur from the south. c) Add a note to the plat that prohibits direct lot access to W. Chinden Blvd. 2. Applicant shall comply with all previous conditions of approval associated with this development(AZ-02-010, DA Inst. 104022054, PP 02-009, CUP 02-012,DA Instr. 103012598,MCU 06-002,RZ-06-008). 3. If the City Engineer's signature has not been obtained within two(2)years of the City Council's approval of the short plat,the short plat shall become null and void unless a time extension is obtained,per UDC 11-613-7. 4. Development of any lot shall require submission of Certificate of Zoning Compliance and Design Review per UDC-11-5B-1 and shall meet all applicable requirements of City of Meridian code. 5. Existing landscape buffer along W. Chinden Blvd shall be protected during all construction activities. 6. A public access easement and sidewalk meeting the requirements of UDC 11-3A-17 shall be provided along the south side of Lot 1, Block 1. 7. Staff s failure to cite specific ordinance provisions or conditions from the previous approvals as noted in condition 3. above,does not relieve the Applicant of responsibility for compliance. B. Public Works (Common) SITE SPECIFIC CONDITIONS: 1. Developer is required to enter into a reimbursement agreement for the installation of one streetlight that was installed on Chinden Boulevard as part of the widening project. The developer is required to sign the reimbursement agreement and pay the installation amount of $8,465.00 prior to signature of the plat. 2. No changes to public works infrastructure was shown with the application, any public works changes must be reviewed by public works engineering prior to approval or construction. Page 8 Page 238 Item#18. GENERAL CONDITIONS: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development.The applicant shall install mains to and through this subdivision;applicant shall coordinate main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life,safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Page 9 Page 239 Item#18. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-413. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the prof ect. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round Page 10 Page 240 Item#18. source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. VIII. REQUIRED FINDINGS FROM THE UNIFIED DEVELOPMENT CODE In consideration of a short plat,the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan designates the future land use of this property as Mixed Use Community. The current zoning district of the site is C-N. The proposed short plat complies with the Comprehensive Plan and is developed in accord with UDC standards. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services are adequate to serve the site. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Council finds that the development will not require the expenditure of capital improvement funds. All required utilities are being provided with the development of the property at the developer's expense. D. There is public financial capability of supporting services for the proposed development; Council finds that the development will not require major expenditures for providing supporting services. The developer and/or future lot owner(s) will finance improvements for sewer, water, utilities and pressurized irrigation to serve the project. E. The development will not be detrimental to the public health, safety or general welfare; and Council finds the proposed short plat will not be detrimental to the public health, safety or general welfare. F. The development preserves significant natural,scenic or historic features. Council is not aware of any significant natural, scenic or historic features associated with the development of this site. Page 11 Page 241 Item#19. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Heron Village Expansion (H-2021- 0027) by Tamara Thompson of The Land Group, Inc., Located at 51, 125 and 185 E. Blue Heron Ln. Page 242 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN AND DECISION&ORDER In the Matter of the Request for Annexation of 1.36 Acres of Land with the R-40 Zoning District, Rezoning of 4.18 Acres of Land from C-G and R-8 to R-40, and a Conditional Use Permit to Allow Expansion of an Existing Multifamily Complex to Allow 36 Additional Units in Two New Buildings, by Tamara Thompson with The Land Group,Inc. Case No(s). H-2021-0027 For the City Council Hearing Date of. March 22,2022 (Findings on April 5,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of October 12,2021,incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 12, 2021, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 12, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of October 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(HERON VILLAGE PHASE TWO-FILE#H-2021-0027) - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 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 annexation,zoning to R-40 and conditional use permit is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 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 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 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 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one (1)two(2)year period.Additional time extensions up to two (2)years as FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(HERON VILLAGE PHASE TWO-FILE#H-2021-0027) -2- 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 11-513-6F). 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 67-6511A. 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. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of October 12, 2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(HERON VILLAGE PHASE TWO-FILE#H-2021-0027) -3- By action of the City Council at its regular meeting held on the 5th day of April 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 4-5-2022 Attest: Chris Johnson 4-5-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 4-5-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(HERON VILLAGE PHASE TWO-FILE#H-2021-0027) -4- item#,9. EX H I BIT A STAFF REPORT E IDIAN-- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 10/12/2021 Legend mm n DATE: Po, jecT Lacs Tian Li-J, TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner �I 208-884-5533 r �� SUBJECT: H-2021-0027 Heron Village(Phase 2) --- �. .. LOCATION: The site is located at 51, 125 and 185 E. Blue Heron Ln,in a portion of Government Lot 6 of Section 6, Township 3 North,Range 1 East. 1. PROJECT DESCRIPTION This is a proposal for annexation of 1.36 acres of land with the R-40 zoning district,rezoning of 4.18 acres of land from C-G and R-8 to R-40, and a Conditional Use Permit to allow expansion of an existing multifamily complex to allow 36 additional units in two new buildings. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage mmm 1.36 acres being annexed,5.54 acres being rezoned to R-40 Future Land Use Designation MU-N Existing Land Use(s) Single Family Residential/Rural Proposed Land Use(s) Multifamily Lots(#and type;bldg./common) Existing development is on 5 lots,one more lot would be annexed. Phasing Plan(#of phases) One phase Number of Residential Units(type 108 existing,36 more proposed of units) Density 19.6 du/acre(total) Open Space(acres,total Existing— 1.58 acres(29%),Usable.96 acres(17%) [%]/buffer/qualified) Proposed— 10,200 sq.ft.req'd, 15,300 sq.ft.proposed Amenities Existing amenities include half basketball court,plaza containing benches and trellis, 1,620 sq.ft.clubhouse with exercise room,playground,horseshoe pit,barbeques and picnic tables. Page 1 Page 247 Item#19. Description Details Page Proposed amenities include 70'x100' grassy area,park benches and picnic tables,enclosed bike storage. Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of February 10,2021 —7 attendees attendees: Staff has received 2 letters and 5 voicemails in opposition to this request.Issues expressed include parking along E. Blue Heron and lack of emergency access. History(previous approvals) AZ 01-014,CUP 12-0021,MCU 13-005,CZC 13-038, DES 13-039) B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access(Arterial/Collectors/State One existing access from E.Blue Heron Ln(local road), Hwy/Local)(Existing and Proposed) one additional access proposed from E.Blue Heron Ln Existing Road Network E.Blue Heron Ln(local road)and N.Meridian Rd (arterial) Existing Arterial Sidewalks/ • Sidewalk already exists along N.Meridian Rd. Buffers • 5' wide sidewalk is constructed along the portion of Blue Heron Ln of which the existing multifamily development exists • The landscape plan indicates this sidewalk will be extended along the frontage of the additional property where the expansions are proposed. Proposed Road Improvements Staff is recommending an existing pathway connecting the east terminus of E.Blue Heron to N.Eureka Ave be widened for emergency access only. Distance to nearest City Park(+ '/z mile to Settler's Park,3/4 mile to 8th St Park, size) Distance to other key services 0.5 mile+/-to shopping center and commercial services at N.Meridian Rd/E.Fairview Ave intersection. Fire Service • Distance to Fire Station 1.8 miles to Fire Station 3 • Fire Response Time <5 minutes • Resource Reliability 78% • Risk Identification 2—current resources not adequate to supply service • Accessibility A Meets all requirements • Special/resource needs Aerial device will be required • Water Supply � 2,250 gpm • Other Comments • All buildings must be sprinklered. • Fire has expressed issues with parking availability and cars parked along W.Blue Heron. • Fire has recommended secondary emergency access to N.Eureka Rd. Police Service • No comments West Ada School District Page 2 Page 248 Item#19. Description Details Page • Distance(elem,ms,hs) 4.4 elem, 1.7 ms,2.6 hs • #of Students Enrolled 4 additional school-aged children projected Wastewater • Distance to Sewer N/A Services • Sewer Shed Five Mile Trunkshed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 14.16 • Project Consistent with Yes WW Master Plan/Facility Plan Water • Distance to Water Services 0 • Pressure Zone 2 • Estimated Project Water See application ERU's • Water Quality No concerns • Project Consistent with Yes Water Master Plan • Impacts/Concerns • No proposed water infrastructure submitted with this record.Engineering must review any new infrastructure. Connect to existing apartment development to west and to Blue Heron Ln. • Existing water services must be abandoned at the main in Blue Heron Ln. • Both addresses(125 and 185 E Blue Heron Ln)have a meter to the site.If these meters are not used they need to be abandoned at the main. • Provide looping of water line from Blue Heron Rd to existing water line to the west in Heron Village. • Provide water stub to east property boundary to facility future looping. • Ensure no permanent structures(trees,bushes, buildings,carports,trash receptacle walls,fences, infiltration trenches,light poles,etc.)are built within the utility easement. Page 3 Page 249 IY - - r� IIII Ilp ■■■ ■■ 11mmul ■ 11111 m1111 i loll ■ # LU 1191my!, I 1 11 C CH EAI 4EL ll5f .II • Y ' Y 1 I Y Y r ;t. - Illlllp 4 ! . . „r s*- 'I �•- i r �. IL� .r � � 111111/11 111111 milli jjr— {} ti' I L'LJ i . + ;{IMF ■■■■■■■ 1111111n�1 .h - - L i.�3 Lys I11 755� Y f S• Y 1. �2..• ..�5f al 1.6 i•7* � � �t7i '.i��kd'r'.i --,CHE f Y CA V E Item#19. III. Applicant Information A. Applicant/Representative: Tamara Thompson—The Land Group, Inc—462 E. Shore Dr, Ste. 100, Eagle,ID, 83616 B. Owner: PPHC Heron Property LLC—28717 Grumman Dr.,Eugene,OR 97402 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 6/25/2021 Radius notification mailed to properties within 300 feet 6/22/2021 Nextdoor posting 6/22/2021 Sign Posting 9/7/2021 V. STAFF ANALYSIS Background The existing Heron Village Apartments consist of 108 units in 5 buildings on 5.5 acres. 0.65 acres are zoned R-8 and were platted with the J. E. Pfost's Subdivision in 1908. The remaining 4.86 acres are zoned R-40 and C-G and were annexed in 2002 as the Ted Williams Annexation. There are several conditions of approval of this annexation regarding road and infrastructure improvements,but no development agreement. A conditional use permit was approved for the multifamily complex in 2013 (CUP 12-021). In 2014 a modification to the conditional use was approved(MCU-13-005)to allow replacement of several of the amenities. A Certificate of Zoning Compliance was approved in April of 2013 (CZC 13-038). In September of 2020,the applicant requested a pre-application meeting with staff to discuss annexation of an additional 1.36 acres of land to the east of the existing complex(185 E. Blue Heron Ln)to construct 36 more units in two buildings. Because the Heron Village Apartments were on several properties within different zone districts (C-G, R-40 and R-8) and because they were annexing and zoning additional property anyway, Staff recommended to the applicant that it would be preferable to rezone all of the associated properties to R-40. A. Annexation 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 and rezone area is included in Section VII. There is not a development agreement with the existing development. As will be discussed below, staff and the applicant have discussed this project with the understanding that what is currently being proposed is a second phase and expansion to the existing development with shared parking, amenities and open space. To ensure this intent is met and the project develops cohesively, staff recommends this be reflected in a development agreement. Page 5 Page 251 Item#19. B. Future Land Use Map Designation(https:llwww.meridianciu.or /g compplan) The Future Land Use Map designates the subject property for Mixed Use Neighborhood(MU-N). The purpose of this designation is to assign areas where neighborhood-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to avoid predominantly single-use developments by incorporating a variety of uses. Land uses in these areas should be primarily residential with supporting non-residential services.Non-residential uses in these areas tend to be smaller scale and provide goods or services that people typically do not travel far for(approximately one mile)and need regularly. This proposal is to annex a 1.2-acre lot zoned R-1 in the County, and zone it and a 0.65-acre lot to the west(already zoned R-8 in the City)to R-40. The purpose is to proceed with a conditional use for a 36-unit expansion to an existing multifamily development. This application also includes rezoning the portion of the existing multifamily development that is C-G to R-40 so the entire development is in the same zone district. The subject property is between high density residential at north and south, with uses becoming progressively more commercial to very intensive commercial uses at the N. Meridian Rd. E. Fairview Ave intersection. As this project is to allow expansion of the existing multifamily to an infill vacant parcel to the east, staff believes at the regional scale this proposal meets the intent of the Plan. C. Comprehensive Plan Policies (https://www.meridianciU.or /g compplan): • Encourage a variety of housing types that meet the needs,preferences, and financial capabilities of Meridian's present and future residents.2.01.02D The proposed multifamily residential development will contribute to the variety of housing types available within the City. • Support infill development that does not negatively impact the abutting, existing development. (2.02.02C) This proposal is to allow infill of an existing vacant parcel on the northeast portion of the subject properties to allow expansion of an existing multifamily development, surrounded by existing multifamily development to the north and south, industrial uses to the east, and religious and single family residential across N. Meridian Rd to the west. Although there could be some incremental impacts associated with additional units, the impacts associated with this development are already primarily established and there would be few or negligible impacts on the single family residential across N. Meridian Rd. • Encourage the development of high quality, dense residential and mixed-use areas near in and around Downtown,near employment,large shopping centers,public open spaces and parks, and along major transportation corridors, as shown on the Future Land Use Map. (2.02.01E) This expansion to an existing multifamily development is located along N. Meridian Rd, in close proximity to a variety of commercial uses, including approximately% mile to a shopping center, along the intensely commercial E. Fairview IN. Meridian Rd. intersection. • Encourage infill development. (3.03.01E) The proposed annexation of an additional parcel of land surrounded by existing development to allow expansion of an existing multifamily complex would be considered an infill development. • 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) Page 6 Page 252 Item#19. Urban services and public facilities are already being provided to the existing multifamily complex. This proposal would allow an additional 36 units in two buildings. D. Existing Structures/Site Improvements: There is an existing residence,which was constructed in 1954, and accessory structures on the property that is currently zoned R-8. All structures will be removed with development of the additional 36 units. E. Proposed Use Analysis: The request is to annex 1.36 acres with an R-40 zone, and rezone a R-8 zoned parcel as well as the C-G zoned portion of the existing multifamily development to R-40 to clean-up the zoning for the existing development and to allow 36 additional multifamily units. This is allowed by conditional use per UDC 11-2A-8. F. Specific Use Standards(UDC 11-4-3): The specific use standards for multi-family developments listed in UDC 11-4-3-27 apply to development of this site as follows: i. Buildings shall provide a minimum setback of ten(10)feet. The site plan indicates both buildings meet a minimum setback of at least 10'on all sides. ii. All on-site service areas, outdoor storage areas,waste storage,disposal facilities,and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. The submitted landscape plan reflects dumpsters in an enclosure and screened by landscaping at the east portion of the property. Details regarding this enclosure and any additional ground or roof mounted mechanical or electrical equipment meeting the requirements of 11-3A-12 and 11-4-27 will be required to be submitted with the Certificate of Zoning Compliance (CZC). The landscape plan indicates ground-mounted condenser units. One of these groups of condenser units is at the north side of Building F, directly along E. Blue Heron Ln. Although the landscape plan suggests 4'high vinyl fencing screening these unit, staff believes there should be additional mitigation to soften the view from the street. Staff recommends additional shrubs be grouped in this area. It should be noted shrubs are required along the building foundation already per the specific use standards, so this would be in addition to that requirement. iii. A minimum of eighty(80)square feet of private,usable open space shall be provided for each unit. This requirement can be satisfied through porches,patios, decks, and/or enclosed yards. Landscaping, entryway and other accessways shall not count toward this requirement. Floorplans of the units indicating this requirement is met shall be required at the time of CZC. iv. Developments with twenty(20)units or more shall provide a property management office,maintenance storage area, central mailbox location, including provisions for parcel mail, and a directory and map of the development at an entrance or convenient location for those entering the development. All of these requirements have already been provided and shown on the site plan associated with the CZC approved for the existing development. Page 7 Page 253 Item#19. V. A minimum of 250 sq. ft. of common open space shall be provided for each unit of between 500 sq. ft. and 1,200 sq. ft in area; 350 sq. ft. of common open space is required for all units greater than 1,200 sq. ft in area. The applicant has provided an open space exhibit which reflects the required open space for both Phase I and Phase 2. 41,870 sq.ft. of open space was required with Phase One whereas 53,000 sq.ft. is provided. 10,200 square feet of qualified open space is required with Phase 2, whereas 15,330 sq.ft. is proposed. The proposal meets the minimum requirements of UDC 11-4-3-27. vi. Amenities The existing development consists of 108 units, and an additional 36 units are proposed. The existing development provides a half basketball court,plaza containing benches and trellis, 1,620 sq.ft. clubhouse with exercise room,playground, horseshoe pit, barbeques and picnic tables. This proposal proposes two additional amenities-an approximately 8,600 sq.ft. open space park and 52 new bicycle storage spaces. UDC 11-4-3-27-D states `for multifamily developments with more than one hundred (100) units, the decision-making body shall require additional amenities commensurate to the size of the proposed development." The Planning Commission should decide if the amenities are sufficient for the existing development as well as the proposed expansion. vii. All street facing elevations shall have landscaping along their foundation. The landscaped area shall be at least three(3) feet wide. For every three (3)linear feet of foundation, an evergreen shrub having a minimum mature height of twenty-four(24)inches shall be planted. The landscape plan does show landscaped areas around the foundations of the buildings, although it does not indicate whether this includes shrubs. As mentioned above, staff is recommending additional landscaping around the mechanical equipment visible from E. Blue Heron Ln. G. Dimensional Standards(UDC 11-2): Dimensional standards of the R-40 zoning district include 10' front setbacks, 12' rear setbacks, 3' side setbacks, and a maximum building height of 60'.However, as mentioned in the specific use standards above, 10' setbacks are applied to all multifamily projects (on all sides). The development as proposed meets these setbacks, and the elevations provided indicate a maximum height of approximately 42' from the highest roof pitch. The proposal meets all the dimensional requirements. H. Access(UDC 11-3A-3, 11-3H-4): There is one existing access from E. Blue Heron Ln. (local road) serving the existing 108 units; one additional access is proposed from E. Blue Heron Ln. Meridian Fire has commented that although the site does provide two points of access,both of these accesses are from E. Blue Heron Ln.with the only way in and out occurring from N. Meridian Rd.Fire;they prefer another point of access that does not solely rely on N. Meridian Rd. E. Blue Heron Ln.terminates into a pathway at the east end which then connects to N. Eureka Ave. Based on discussion with the applicant,they agreed to widen this pathway to 20 feet wide or as approved by Meridian Fire, and provide bollards on either end to allow secondary fire access. Page 8 Page 254 Item#19. I. Parking(UDC 11-3C): UDC 11-3C-6 requires 1.5 parking spaces per each one-bedroom dwelling unit and at least 2 parking spaces for 2-3 bedrooms units. At least one parking space for each of these units must be in a covered carport or garage. As requested by staff,the applicant submitted a site plan which indicates the required and proposed parking for both Phase One(the 108 units) and Phase Two(the 36 additional units). Phase One was required to provide 204 parking spaces with 102 of them covered spaces. 207 parking spaces are provided,with 195 of them being covered. Phase Two is required to provide 69 parking spaces,with 36 of them covered spaces. 87 spaces are provided,with 71 of them being covered. 6 total bicycle parking spaces are required with this development. The parking exceeds the requirements by 21 parking spaces. The site plan indicates 17' long parking spaces on the south side of Building F, east side of Building G and surrounding the open space. As required by UDC 11-3C-5, sidewalks are at least 7' in width in these areas to allow for vehicle overhang. The remaining parking spaces are shown to be 19' in length. The applicant should be aware that all off-street parking areas shall be provided with a substantial wheel restraint to prevent cars from encroaching upon abutting private and public property or overhanging beyond the designated parking stall dimensions. Wheel stops are not indicated on the site plan or landscape plan. These should be indicated on the site plan with the CZC. Meridian Fire,Police and the surrounding residents have commented that parking has been a continuous issue for this development, as residents and guests often park on both sides of E. Blue Heron Dr,making emergency access difficult. One cause of this issue is that many of the garages that are intended to be used to satisfy parking requirements are being used for storage, leading to spill-over in other areas of the development and along the local streets. As 71 parking spaces are proposed to be covered with Phase II, staff recommends these covered spaces be accommodated by carports and not garages,to avoid dedicated covered spaces being used for storage. Elevations of the carports have not been provided. At the time of CZC,the applicant will need to provide elevations that reflect the accessory structures are compatible with the primary buildings and meet all the minimum dimensional requirements of UDC 11-3C-6. The applicant should also be aware that the site plan indicates striped pedestrian crossing areas across the parking lots.UDC 11-3A-19-4 requires internal pedestrian walkways to be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. J. Sidewalks (UDC 11-3A-17): Sidewalk already exists along N. Meridian Rd,which has recently been reconstructed. 5' wide sidewalk is constructed along the portion of Blue Heron Ln. of which the existing multifamily development exists;the landscape plan indicates this sidewalk will be extended along the frontage of the additional property where the expansions are proposed in accord with UDC standards. K. Landscaping(UDC 11-3B): A 25' wide landscape buffer has already been provided along N. Meridian Rd as required by UDC Table I I-2B-3. W. Blue Heron Lane is classified as a local street and as such does not require a street buffer in the R-40 zoning district. However,a 17' wide landscape buffer was installed along the portion of the property frontage developed with Phase One,and the landscape plan indicates this buffer is proposed to continue along the frontage to the property line with Phase Two. A 12' +/-landscape buffer is proposed along the eastern property line, although a Page 9 Page 255 Item#19. residential buffer is not a requirement for multifamily in the R-40 zoning district and this property is directly adjacent to an existing meat packing plant. It does appear there is at least 3' wide landscaping areas along the foundations of both buildings with street facing elevations as required per the specific use standards for multifamily,but the landscape plan does not specifically identify shrubs in this area. As mentioned, staff believes there should be additional landscape screening along the street-facing sides of the condenser unit screen fences along E. Blue Heron Ln. The landscape plan submitted with the Certificate of Zoning Compliance application shall comply with all landscaping requirements and is required to be prepared by a landscape architect, landscape designer, or qualified nurseryman,per UDC 131C-3B. L. Qualified Open Space (UDC 11-3G): The applicant has provided an open space exhibit which reflects the required open space for both Phase 1 and Phase 2. 41,870 sq. ft. of open space was required with Phase One whereas 53,000 sq. ft. is provided. 10,200 square feet of qualified open space is required with Phase 2,whereas 15,330 sq. ft. is proposed. The open space provided for Phase 2 exceeds the requirements. M. Qualified Site Amenities (UDC 11-3G): UDC 11-4-3-27 requires 4 amenities from each category for multifamily developments of more than 75 units,but for multifamily developments with more than one hundred(100)units,the decision-making body shall require additional amenities commensurate to the size of the proposed development. The existing development provides a half basketball court,plaza containing benches and trellis, 1,620 sq. ft. clubhouse with exercise room,playground,horseshoe pit,barbeques and picnic tables.With the proposed expansion the applicant proposes a 50'x 100' sq. ft. open space area and 52 additional enclosed bike storage facilities. The Planning Commission should decide if the amenities are sufficient for the existing development as well as the proposed expansion. N. Fencing(UDC 11-3A-6, 11-3A-7): The landscape plan reflects perimeter fencing that is to match existing fencing.At the time of the CZC,the applicant shall provide all fencing details on the landscape plan. O. Utilities (UDC 11-3A-21): There is infrastructure serving the existing development.All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. P. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual elevations were submitted with this proposal. The elevations utilize architecture that is consistent with the existing buildings including multiple roof pitches,dormers,canopies and outdoor second and third story railings. Building materials include hardiboard lap siding, hardishake shingle siding, cultured stone columns and asphalt singles. Building elevations will be reviewed against the ASM manual at time of CZC. VI. DECISION A. Staff: Staff recommends approval of the annexation of 1.36 acres of land with the R-40 zoning district, rezoning of 4.18 acres of land from C-G and R-8 to R-40, and a Conditional Use Permit to allow expansion of an existing multifamily complex to allow 36 additional units in two new buildings Page 10 Page 256 Item#19. per the provisions and comments included in Section VII in accord with the Findings in Section VIII B. The Meridian Planning&Zoning Commission heard this item on September 16,2021.At the public hearing,the Commission moved to recommend approval of the subject annexation,zoning and conditional use request. 1. Summary of the Commission public hearing a. In favor: Tamara Thompson b. In opposition:None c. Commenting: Tamara Thompson d. Written testimony: Staff has received 5 voicemails and three letters in opposition. e. Staff presenting gpplication: Alan Tiefenbach f Other Staff commenting on application:None 2. Key issue(s)of public testimony a. Three citizens testified in opposition. Concerns expressed regarded traffic,parking, emergency access and litter 3. Key issue(s)of discussion by Commission: a. Commission discussed whether parking could be increased,their understanding that parking is an issue along E. Blue Heron Ln,problems associated with litter,whether the applicant could work with ACHD to limit parking along E. Blue Heron Ln, and whether a parking enforcement company can be utilized, 4. Commission change(s)to Staff recommendation: a. Prior to City Council,the applicant will have a parking plan that has been addressed with ACHD, b. Prior to City Council,the applicant shall have an agreement in place with the property management company on enforcement of the parking regulations c. The applicant shall add additional trash receptacles. d. Condition 2-C shall be amended that the applicant widen and improve the pathway between E. Blue Heron Ln. and N. Eureka Ave.to 15 feet wide instead of 20-feet wide. C. The Meridian City Council heard these items on October 12,2021 and continued the hearing to December 7,2021 and March 22,2022. At the public hearing,the Council moved to approve the subject annexation,rezoning and conditional use permit requests. 1. Summary of the City Council public hearing: a. In favor: Tamara Thompson,Mysti Stelluto b. In opposition: Valinda Sorenson, Summer Hazen c. Commenting: Valinda Sorenson, Summer Hazen, Tamara Thompson,Mysti Stelluto, Joe Bongiorno d. Written testimony: Carrie Shuter.Jim and Marie Kast,Bonita Ghoulson, Gail Simpson. Jim Lane,Kathryn Small, Sandra Rogers,Valinda Sorenson e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. Parking impacts,particularlyspill over parking along E. Blue Heron impacting-the residents of the Heronbrook townhomes b. Trash in and around the complex c. Traffic impacting E. Blue Heron Ln.trucks and emergency vehicles using E. Waterbury Ln and N. Richter Ln to turn around. 3. Key issue(s)of discussion by City Council: Page 11 Page 257 Item#19. a. Council continued this case several times for the applicant to address parking and traffic impacts,have management do a Parkin ag nalysis. and discuss solutions with the neighbors and ACHD. 4. City Council change(s)to Commission recommendation: a. Applicant shall convert all existing enclosed garages within Phase One to carports b. Applicant shall work with City and ACHD for ACHD to consider striping parking areas along E. Blue Heron Ln.particularly west of N.Richter Ln. C. Applicant and staff shall work with ACHD to consider no parking and dead-end signage along E. Blue Heron Ln VII. EXHIBITS A. Site Plan(date: 3/'4�z March 18,2022) -FO - _ IInL`�^rvR- -— ————— 1B U I I B • - BULGING F- _Ex 4� BUILDING G' +2 BEDS 'I 12PLE] ly "CI 35 BED$ Summm + II BU2IfE 10 6 ` B 9 - ciuBNousE i l } 0 -- tt f- [�• t I I I 'LLuj E I •. �J BUIL➢IWA x II 8 lei L 241LE% - Iy aanc I - aluxxa p�: blanelr;c Bu I a 1 of I ? rn6 --- 6 i "- '_' f` 6 ww✓iernE 6 Q:2 9 GAF aE pS,E, Page 12 Page 258 Item#19. B. Landscape Plan(date: 4/2/2021) r Ir * I FI L'y I-L E I I L� lity I�r, I l— / Si'-1- �:`:'�� nl Y ...;.;...'.'..'.'..'. I• I , :• I - _ 12-P�zx IJ r�'�'!I I eUILO NG A I I f 24-PLE}4 I _•. ?x I I 'r o i' ". ® _ 8U ILQING B a: - ' _ - - ' - _ 12LPLEX w I A h1 nrITu')P i Page 13 Page 259 Item#19. C. Qualified Open Space Exhibit(date: 8/20/2021) ... NEW ■ PRASE10PEN SPACE NEW BU]LgIwG F' BE5�S02' REQU ED=52.3MF 24-PLE%- OPEN 6FACE PRWIDED-W.0 3F � j 1 - ■ PHAEEIAMEAITIES PIME:I"Y✓I ERNEBS CENTER 8 PIA2A ———— — PICNICAFEp3T Rk "OLfi HALF SPORTS CWRT TOT LOT I FIU KSW� ! _ N ■ PHASE 2 OPEN SPACE REOED=19299 SF 'I f� ® PROVIDVIDED=19,5]95F I - - �-�— PNASE7AMENITIES 'l NEri DAAPORT-TYP. �r ■ ENCLOSED BIKE3TARPfaE FOR 62 SIKES — BNgD�NG G' I 85'XIU L)PENFIELD I RJ I I F I I ` I f4 41 I DAVE HERON VILLAGE APARTMENTS PHASE 1 & II PEVANS C 0 NSLRbc TI DD N OPEN SPACE EXHIBIT DATE-n8 M21 Page 14 Page 260 Item#19. D. Building Elevations(date: 3/18/2021) 11 II ❑ KEY NOTE +r w. ❑ FRONT ELEVATION ❑ I_ ❑ �m -�. mi� 1 10 Urp �im-", p p m p p F P BACK ELEVATION ❑ ° qlf lil lil III Ild - SIOE�ELEUATION� SIDE ELEVAPONN P P em R 0 ❑ ❑ +� a m m pp C❑ m SOUTH ELEVAYM p -p p p p p SCAM Iff,=r-0' MR,,�rAlillt p E m 0 ® mEx m 0 ❑ OT- +a _ 0 o m o p o o m o NIORTH FI FVATMN Page 15 Page 261 Item#19. E. Annexation Legal Description ANNEXATION BLUE HERON APARTMENTS PHHC HERON PROPERTY, LLC An area of land being portions of APN: R7039000005 and APN: R703900300, Ada County records, located in a portion of Government Lot 6 of Section 6,Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the West One Quarter corner of said Section 6,thence on the east-west mid-section line of said Section 6, North 89'35'33" East, 505.66 feet,to the POINT OF BEGINNING: Thence continuing on said east-west mid-section line, North 89' 35'33" East, 166.44 feet,to a point,from which the Center West One Sixteenth corner of said Section 6 bears, North 99' 35' 33"East, 418.18 feet; Thence leaving said east-west mid-section line,South 00'21' 57" East,384.21 feet; Thence North 67'07'38" West, 185.36 feet; Thence South 89' 55'20" West,9.00 feet; Thence North 00' 20'55" East, 93.00 feet; Thence North 89*38'42" East, 9.00 feet; Thence North 00*20'55" East, 217.94 feet to the POINT OF BEGINNING. The above described area of land contains 1.36 acres(59,435 Ftz), more or less. PREPARED BY. The Land Group, Inc. a�p�CENNS Michael Femenia, PLSt�, '� 0 � 1 9rE OF�d s. 03J17/2021 Page 16 Page 262 Item#19. Annexation for PPHC Heron Property, LLC Situate in a Portion of Gov't Lot 6 of Section 6 Township 3 North, Range I East, Boise Meridian City of Meridian,Ada Ceunty,Idaba 2021 W 114 SEC.6 CPU#2Q1$-059717 EAST BLUE HERON LAND' N89'35'33"E 1090.72` _ f 5D5.6fi' 166.44' 418.18' PCB R/W — — R/W - CW 1/16TH SEC.8 i CP&F#1 Q4034814 EAST BLUE HERON LANE PPHC HERON PROPERTY LLC APN_R7039000005 I Q C;� W N3 1 U-3 185 EAST BLUE HERON LANE IIII PPHC HERON PROPERTY LLC m 1 APN-R7439000300 C 125 EAST BLUE HERON LANE 1 C I CD PPHC HERON PROPERTY LLC M1, APN11703M0170 1 SW COR.SEC,6 — &F#113105589 N8938`42E 9.00' 245 EAST BLUE HERON LANE N9i]°20'55"E 93.00' AREA 9F ANNEXATION SCHWEROJAMIE i PPHC HERON PROPERTY LLC APN:R7039DM200 �`• 1.36 Acres (59,435 Ft2){ I 589'55'20 W 9.90' F, c E D s 36, 0 ' �RL 03/17/2021 Page 17 Page 263 Item#19. F. Rezoning Legal Description REZONE to R40 BLUE HERON APARTMENTS PHHC HERON PROPERTY, LLC An area of land being APN: R7039000005,APN: R7039000300, and APN:R7039000170 AND portions of APN:R7039000090,APN: R7039000080,and APN: R7039000057, Ada County records,located in a portion of Government Lot 6 of Section 6,Township 3 North,Range 1 East, Boise Meridian,City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at the West One Quarter corner of said Section 6,thence on the east-west mid-section line of said Section 6, North 89'35'33"East,341.03 feet to the POINT OF BEGINNING: Thence continuing on said east-west mid-section line, North 89'35' 33" East, 331.50 feet,to a point, from which the Center West One Sixteenth corner of said Section 6 bears, North 89"35' 33" East, 418.18 feet; Thence leaving said east-west mid-section line,South 00°21'57" East, 384.21 feet; Thence South 67"07'38" East,192.71 feet; Thence South 31"38'35" East,39.83 feet; Thence South 89"33'08"West,399.49 feet; Thence South 84" 29'31"West,129.04 feet; Thence South 89" 27'49"West,75.47 feet; Thence South 00"32' 11" East,21.00 feet; Thence South 89' 27'49"West,119.20 feet; Thence South 00"09'00" East,24.79 feet; Thence North 88"59' 16" West,165.03 feet,to a paint on the west line of said Section 6,from which point the Southwest corner of said Section 6 bears, South 00' 18' 10"West, 2100.10 feet; Thence on said west section line, North 00" 18' 10" East,237.50 feet; Thence leaving said west section line, North 89"36'00"East,496.84 feet; Thence North 00"20'55" East,93.00 feet; Thence South 89"38'42"West,1.55.89 feet; Thence North 00"18' 10" East,217.78 feet to the POINT OF BEGINNING. The above described area of land contains 5.54 acres(241,398 Ft'),more or less. PREPARED BY: The Land Group, Inc. �N},LA Michael Femenia,PLS ti0 ENS W � 0 w ,�Z. ¢l q 01: EL S. C.Z Page 18 Page 264 Item#19. W 1{4 SEC.8 P08 C1N 1}16Ta I SEC.6 CP&F#2018-059717 CP&F#104034814 r NB9 35'33"E 1Q�0,72' _ f EAST BLUE HERON LANE 341.03'WW ,F rjJJ=ia,rX14 1 r1} ti hf00°iB'10"f 217.71}' uFaUE�,u� 9 Vn N 1 x,..s .•,,, r-n UNE BE y-4 a•:h}JJI 4 s� w i.2 501 44.5' _ N00°2.0'55„E ° 93,00' :ASFm 9JakG4a H 1s Mwpl�p[; I '4lfR4 sa° s'ao"E 46,84—' 0° Lr�i f BHEd OF RE�4NE m I I PPHC HERON PROPERTY UC r 589°27'49" ! 5.54 Acres{241,3911 Ftq � In SN'27'49" 75. 47' say°?qx SBg'33'a8"'rN 389.49' I.1 ' 'w N88�59'16"W L3 Rezone r: for SW CDR.SEC.5 PPHC Heron Property, LLC l CP&F#113105589 Situate in a Portion of Gov't Lot 6 of Section 6 Township 3 North. Range 1 East. Boise Meridian City of Meridian,Ada County, Idaho 2021 Page 19 Page 265 Item#19. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION Site Specific Conditions of Approval 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. 2. 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 site plan, landscape plan,qualified open space exhibit and elevations submitted with the annexation application contained herein. b. Phase One and Two shall share access,parking, amenities and open space. c. The applicant shall widen and improve the pathway between E. Blue Heron Ln. and N. Eureka Ave.to 2015 feet wide(or as approved by Meridian Fire),capable of supporting an 80,000-pound fire truck with bollards on either end to allow secondary emergency access. d. Applicant shall convert all existing enclosed garages within Phase One to carports. e. Only carports are permitted for covered narking in Phase Two 3. Prior-to City Couneil,the appReaW shall have a paFkine p! that has been-addfevAd with ACHD to address the eoneer-ns diseussed at the September- 16,2021 Plan- commissio 4. Prior-to City Couneil,the appligaW shall have an aer-eement in plage with the or-over-t 5. Additional trash receptacles will be added near E.Blue Heron Dr. 6. Applicant shall work with City and ACHD for ACHD to consider striping no parking areas along E.Blue Heron Ln.particularly west of N.Richter Ln 7. Applicant and staff shall work with ACHD to consider no narking and dead-end ignage along E.Blue Heron Ln 8. The developer shall comply with the specific use standards for multi-family developments listed in UDC 11-4-3-27. 9. All condenser units on the north side of Building F which are visible from E. Blue Heron Ln. shall have additional landscape screening in addition to 4' high vinyl fencing. 10. Off-street vehicle parking shall be provided on the site in accord with UDC 11-3c-4 for multi- family dwellings. Covered parking shall be provided only by carports. 11. All carports shall be constructed to be compatible with the associated residential buildings i.e. similar building and roof forms, architectural elements and details,and materials and colors Page 20 Page 266 Item#19. to maintain the quality of the architectural character) in accord with the Meridian Architectural Standards Manual. 12. The applicant shall record legally binding documents that state the maintenance and ownership responsibilities for the management of both phase of the development, including, but not limited to, structures,parking,common areas,and other development features. Documentation of compliance with this requirement shall be with submitted with the first Certificate of Zoning Compliance application. 13. All off street parking areas shall be provided with a substantial wheel restraint to prevent cars from encroaching upon abutting private and public property or overhanging beyond the designated parking stall dimensions per UDC 11-3C-5. When a bumper overhangs onto a sidewalk or landscape area,the parking stall dimensions may be reduced two (2) feet in length if two(2) feet is added to the width of the sidewalk or landscaped area planted in ground cover PLANNING GENERAL CONDITIONS OF APPROVAL 1. Any fencing constructed on the site shall be consistent with the standards as set forth in UDC 11-3A-6, 11-3A-7. 2. Comply with all bulk,use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 3. Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 4. Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C- 1. 5. Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-313-10. B. PUBLIC WORKS DEPARTMENT: Site Specific Conditions: 1. 125 and 185 E Blue Heron Lane have existing water meters which must be used or abandoned at the main. 2. Water must be looped from Blue Heron Road to the existing water line to the west in Heron Village Subdivision. 3. Provide a water main stub to the east property boundary. 4. No permanent structures including but not limited to trees,bushes,buildings, fences, carports (including overhanging eves),trash enclosures, fences, infiltration trenches, streetlights, etc. are allowed within any City utility easement. 5. Infiltration trenches should be built to avoid sewer services crossing through them. 6. A streetlight plan is required with building permit application. 7. A geotechnical report will be required with building permit application,and all recommendations made therein shall be adhered to by the builder and developer. GENERAL CONDITIONS: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall Page 21 Page 267 Item#19. coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. 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. 6. 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. 7. 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. 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 9. Developer shall coordinate mailbox locations with the Meridian Post Office. 10. All grading of the site shall be performed in conformance with MCC 11-1-4B. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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 Page 22 Page 268 Item#19. 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. 16. 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. 17. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 18. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 19. 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. 20. 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. 21. 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 23 Page 269 Item#19. IV. FINDINGS 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: A. ANNEXATION AND REZONE 1. The map amendment complies with the applicable provisions of the comprehensive plan; This is a proposal for annexation of 1.36 acres of land with a R-40 zoning district, rezoning of 4.18 acres of land from C-G and R-8 to R-40 to allow the expansion of an existing multifamily complex. This complies with the applicable provisions of the comprehensive plan,particularly to provide a diversity in housing opportunities and to encourage infill development. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds the proposed map amendment to R-40 generally complies with the purpose statement of the residential districts in that it will contribute to the range of housing opportunities available in the City consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health,safety,and welfare; Council finds with the recommended conditions of approval the proposed R-40 map amendment should not be detrimental to the public health, safety and welfare as the property is surrounded by multifamily to the north and south, industrial in the County to the east, and N. Meridian Rd to the west. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation(as applicable)is in the best interest of city. Council finds the proposed annexation and rezone is in the best interest of the City if the property is developed in accord with the provisions in Section VII. B. CONDITIONAL USE PERMIT: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s)is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Council finds that if the site is designed in accord with the site plan in Exhibit A and the conditions of approval in Exhibit B, the site will be large enough to accommodate the proposed use and meet the dimensional and development regulations of the R-40 zoning district and the multi family specific use standards. Page 24 Page 270 Item#19. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The proposed multi family residential use in the R-40 zone meets the objectives of the Comprehensive Plan and UDC. c. That the design, construction,operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. This proposal would allow an additional 36 units to be added to an existing 108-unit multifamily development. Most impacts have already been established. The general design, construction, operation and maintenance of the multi family use will be compatible with other residential and commercial uses in the general neighborhood and with the existing and intended character of the vicinity and will not adversely change the character of the area. d. That the proposed use,if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. As this is an addition of 36 units to an existing 108-unit multifamily development, impacts have already been mostly established and Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets,schools,parks,police and fire protection, drainage structures, refuse disposal,water, and sewer. Essential public facilities and services are presently serving the existing development. Sanitary sewer, domestic water and irrigation can be made available to additional property. Please refer to comments prepared by the Public Works Department, Fire Department, Police Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. This addition will be part of a larger existing multifamily development. The applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay impact fees. g. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise,smoke,fumes, glare or odors. Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Council recognizes there will be an increase of traffic and noise with the approval of this development; whenever undeveloped property is developed the amount of traffic generation does increase. Page 25 Page 271 Item#19. h. That the proposed use will not result in the destruction,loss or damage of a natural, scenic or historic feature considered to be of major importance. Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s)of major importance. Page 26 Page 272 Item#20. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Moberly Rezone (H-2021-0089) by Carl Argon, Located on Parcel R0406010125, South of W. Broadway Ave. Between NW 2nd St. and NW 1st St. Page 273 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI AND DECISION&ORDER In the Matter of the Request for Rezoning 0.16 Acres of Land from I-L to O-T to Allow the Construction of a Duplex,by Carl Argon. Case No(s).H-2021-0089 For the City Council Hearing Date of: March 22, 2022 (Findings on April 5,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of March 22,2022,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of March 22, 2022,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of March 22, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of March 22,2022, 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 March 22,2022,incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MOBERLY REZONING-FILE#H-2021-0089) - 1 - 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 rezoning is hereby approved per the conditions of approval in the Staff Report for the hearing date of March 22,2022,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-613-7.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). 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MOBERLY REZONING-FILE#H-2021-0089) -2- period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of March 22, 2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MOBERLY REZONING-FILE#H-2021-0089) -3- By action of the City Council at its regular meeting held on the 5th day of April 2022 COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 4-5-2022 Attest: Chris Johnson 4-5-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 4-5-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MOBERLY REZONING-FILE#H-2021-0089) -4- item#2°. EX H I BIT A STAFF REPORTC�WE IDIANn-=- COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 3/22/2022 Legend DATE: TO: Mayor&City Council � _J [ FROM: Alan Tiefenbach,Associate Planner f 208-884-5533 SUBJECT: H-2021-0089 °57 Moberly Rezone # a uJ- ~�~1 LOCATION: Parcel R0406010125,located south of W. Broadwayetween NW 2nd St and Ave.,� sr r NW 1 st St. L _ E I. PROJECT DESCRIPTION This is a request to rezone 0.16 acres of land from I-L to O-T to allow the construction of a duplex. II. SUMMARY OF REPORT 1. Project Summary Description Details Page Acreage 0.16 acres Future Land Use Designation Old Town(O-T) Existing Land Use(s) Vacant Proposed Land Use(s) One duplex Lots(#and type;bldg./common) 1 lot Phasing Plan(#of phases) NA Number of Residential Units(type 2 of units) Density 12 du/ac Open Space(acres,total None required [%]/buffer/qualified) Amenities NA Physical Features(waterways, No unique physical features hazards,flood plain,hillside) Neighborhood meeting date;#of Octboer 19,2021 —4 attendees attendees: History(previous approvals) J.M.Anderson's Second Addition,platted in 1905 Page 1 Page 278 Item#20. 2. Community Metrics Description Details Page Ada County Highway District No traffic impact study required • Staff report(yes/no) No • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State Access will occur from an alley accessed from W. Hwy/Local)(Existing and Proposed) Broadway Ave and W.Railroad St Stub Street/Interconnectivity/Cross None 9F Access Existing Road Network NW 2nd St,W.Broadway Ave,W.Railroad St and NW V St. Existing Arterial Sidewalks/ No buffers proposed or required Buffers Proposed Road Improvements No road improvements required,sidewalk will be required along the NW 2nd St frontage Distance to nearest City Park(+ Approx. 1/4 mile to Centennial Park size Fire Service No comments Police Service No comments Wastewater • Comments • Additional 306 gpd committed to model. Total committed flow to treatment plant is 14.25 MGD. • Currently sewer is from back alleyway to the west. However,City is planning on abandoning the line in the alley and installing a new main in W 1 st St. The plan is for this project to start Spring of 2022.If the applicant wishes to connect to sewer in the alleyway before the new sewer is installed they will be required to install a dry line to the east property boundary for easy connection to the new main once built. Water Distance to Water Services 0 Pressure Zone 2 Water Quality No concerns Project Consistent with Water Yes Master Plan Impacts/Concerns A utility plan will need to be submitted,reviewed and approved by PW. Page 2 Page 279 Item#20. 3. Project Area Maps Future Land Use Map Aerial Map Legend Legend Pro;ec#Lflco ion T�+yy � Project Loc^-=r fi —— W-BROA{1NAY Y AVM - - J LY B RQA DM,i1. � �. �� •. L� 4 �it - LLI its._ _ W Z •n . ST ";fir-n F ' Zoning Map Planned Development Map Legend �`� � � Legend �� leiP•o-ec Lxa=cr 1J I letFnjecf Lacufbn f I L-JLJM$1 =1 ;F', CI,y L°rn�s � L �W 9%A{WAY NI+E E 6 RDA OWAY AV E YtiWJ V.T F ar red F aY❑e's It 'i. fir'-:..arcF. y �.':3 r1Y rcr -ER E ROWER 57 Sf x ST C.C; ^r. III. APPLICANT INFORMATION A. Applicant: Carl Argon—4515 E. Copper Point Dr. Meridian,ID 83642 B. Owner: Moberly Holdings, LLC - 4408 W. Saddle Ridge Dr.,Nampa, ID 83687 Page 3 Page 280 Item#20. IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 1/18/2022 3/7/2022 Radius notification mailed to properties within 300 feet 1/14/2022 3/7/2022 Sign Posting 1/24/2022 3/8/2022 Nextdoor posting 1/14/2022 3/8/2022 V. STAFF ANALYSIS This is a proposal to rezone from I-L to O-T to allow for the construction of duplex. The subject property is a vacant lot comprising 0.16-acres which is zoned I-L. Along NW lst St. (east side of the property)is predominately single family,multifamily and duplexes,nearly all of which is at least 50 years of age (with many dating back to the early 1900s).West of the property is a mixture of industrial uses,a food bank,religious facility and residential,both single family and attached. North of the property is single family attached and multifamily. One of the properties approximately 100 feet to the north is already zoned O-T (631 NW 1 sT St). Railroad tracks are approximately 200 feet south of the property.An alley borders the property along the west. 1. Rezoning The applicant proposes to rezone from I-L to O-T to construct a duplex.A duplex is a principally- permitted use in the O-T zoning district and the zoning would be in conformance with the FLUM as described below. The City may require a development agreement(DA) in conjunction with a rezoning pursuant to Idaho Code section 67-6511A. As this property is already within the City,the infrastructure surrounding the property has already been installed,and all other requirements have been addressed through pertinent regulations, staff comments,and the design review required for the duplex, staff is not recommending a development agreement with this rezoning. 2. Future Land Use Map Designation(https:llwww.meridiancitE.or /�comQplan) The FLUM recommends the property for Old Town. This designation includes the historic downtown and the true community center. Sample uses include offices,retail and lodging, theatres,restaurants, and service retail for surrounding residents and visitors.A variety of residential uses are also envisioned and could include reuse of existing buildings,new construction of multi-family residential over ground floor retail or office uses. The purpose of the O-T district is to accommodate and encourage further intensification of the historical city center in accord with the Meridian Comprehensive Plan. The intent of the O-T district is to delineate a centralized activity center and to encourage its renewal,revitalization and growth as the public,quasi-public, cultural, financial and recreational center of the city. Public and quasi-public uses integrated with general business, and medium high to high density residential is encouraged to provide the appropriate mix and intensity of activities necessary to establish a truly urban city center. The applicant proposes to construct a duplex(2units)on the subject property once the rezone process is concluded.Although the Plan does specifically mention multi-family residential over ground floor retail or office uses,the property is surrounded on three sides by existing one story residential and multifamily with only a small number of industrial or non-residential uses in close Page 4 Page 281 Item#20. proximity. Although a work/live situation is feasible,because the subject property is on a residential street with no commercial frontage, staff finds the proposed residential use in this area appropriate. 3. Comprehensive Plan Policies(https:llwww.meridianciU.or /g compplan): • Encourage diverse housing options suitable for various income levels,household sizes, and lifestyle preferences. (2.01.01) This application is for a rezoning from I-L to O-T to allow a duplex on an infill site. This would allow for more diversity in housing. • Maintain a range of residential land use designations that allow diverse lot sizes,housing types, and densities. (2.01.01 C) A duplex would increase the diversity in lot sizes, housing types and densities. • Encourage the development of high quality, dense residential and mixed-use areas near in and around Downtown,near employment,large shopping centers,public open spaces and parks, and along major transportation corridors,as shown on the Future Land Use Map. (2.02.01E) The subject property is an infill site near the downtown core, within a large area which is designated for Old Town zoning by the Comprehensive Plan, near N. Meridian Rd., a principal arterial, and is within walking distance of a large amount of goods, services and jobs. • Encourage infill development. (3.03.01E.) The property is vacant property, surrounded by existing residential development on all sides, except for a body repair shop directly to the west. This is an infill development. • 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) This project can be serviced by City of Meridian water and sewer, and all infrastructure will be designed in conformance with City standards. 4. Existing Structures/Site Improvements: The property is presently vacant. 5. Proposed Use Analysis: The applicant proposes to rezone from I-L to O-T to construct a duplex. This is a principally- permitted use in the O-T zoning district subject to applicable standards for development in the traditional neighborhood districts. 6. Dimensional Standards(UDC 11-2): UDC 11-2D-4 requires a minimum height of 35 feet and all buildings should be a minimum of 2- stories. There are no minimum setbacks in the O-T zoning district. The proposed elevations reflect a building that is 2-stories. 7. Access(UDC 11-3A-3, 11-3H-4): The subject property would be alley-loaded. This brings the building closer to the street and removes garages and driveways from the front view of the home. This is consistent with new urbanist principles in an old town zone district. Access will occur via an alley at the west which connects from W. Broadway to W. Railroad St. At present,there is a dumpster blocking the alley north of the property. This requires access to occur by traveling southbound on NW 2"d St and Page 5 Page 282 Item#20. then eastbound on W. Railroad St,which is a one-way street. There is presently a fence in the location where the driveway is proposed,but staff did confirm by a site visit that the 16 ft.wide alley to the location of the proposed driveway is adequate.ACHD and Fire have reviewed the proposed access configuration and have not expressed comments or concerns. 8. Parking(UDC 11-3C): The applicant proposes a duplex with two-bedroom units.UDC 11-3C-6 requires 2 parking spaces per dwelling unit with at least one in an enclosed garage, other spaces may be enclosed or a minimum 10-foot by 20-foot parking pad. The concept site plan reflects two one-car garages with a driveway area of 30 ft. long by 44 ft. wide. In addition,there is plenty of on-street guest parking along NW 1st Street. The parking provided meets the minimum requirements of 11-3C. As required per UDC 11-3C-5,all off street parking areas and driveways into and through a parking area shall be improved with a compacted gravel base,not less than four(4) inches thick, surfaced with asphaltic pavement. 9. Sidewalks(UDC 11-3A-17): There is presently no sidewalk, curb or gutter along NW 1 st St. The applicant will be required to install a sidewalk a minimum of 5 ft. in width as required per UDC 11-3A-17. 10. Landscaping(UDC 11-3B): A landscape buffer is not required for a duplex in the O-T zone district. The UDC does not regulate landscaping on residential lots. 11. Fencing(UDC 11-3A-6, 11-3A-7): There is existing fencing along the side and rear property line. The rear fencing would need to be removed to accommodate parking at the alley-loaded structure. Any new or relocated fencing should comply with fencing regulations per UDC 11-3A-7. 12. Utilities (UDC 11-3A-21): Public services are available to accommodate the proposed development. 13. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): A conceptual elevation was provided with this application. The elevation indicates a structure with pitched roofs, fishscale accents,clapboard siding, shuttered windows and a small ground level patio on each side.As is required by the O-T zoning district,the units are at least two- stories, although the elevations do not indicate whether the minimum required 35' height is met. Design review is required prior to building permit. The dwelling units will be reviewed against the Architectural Standards Manual(ASM). The ASM for residential requires visually heavier and more massive elements or materials, such as stone or masonry,primarily at the base of buildings, and lighter elements and materials such as siding.Also,the ASM states primary building entries to be clearly defined using any unique combination of architectural elements, materials,or fagade modulation meeting other architectural standards in the Manual. The elevations show a combined front entrance inset for both units with minimal overhang. This project is near the downtown core and is being proposed for Old-Town zoning.A key element of old-town design is walkability in residential areas,bringing houses to the street with narrow setbacks(or build-to's) and offering a sense of community and gathering places through the uses of useable porches. In order to set the precedent for how NW I"develops in the future, staff recommends a condition of approval that at time of design review submittal the structure shall Page 6 Page 283 Item#20. include a ground-level covered porch for each unit(individual or combined)of sufficient size to allow covered seating at the front. VI. DECISION A. Staff. Staff recommends approval of the proposed rezoning from I-L to O-T with the conditions noted in Section VII of this report. B. The Meridian Planning&Zoning Commission heard this item on February 3,2021. At the public hearing,the Commission moved to approve the subject rezone request. 1. Summary of the Commission public hearing_: a. In favor: Carl Argon b. In opposition: Rebecca Weland,Don Weland and Bogdan Martsenyuk c. Commenting: Carl Argon d. Written testimony: None e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application:None 2. Key issue(s) testimony a. Two-story height of buildings. b Using the alley for access and whether it would impact the food bank. c Desire to keep the neighborhood industrial. 3. Key issue(s)of discussion by Commission: a. Whether there were other 2-story buildings in the vicinity. b. Whether the Plan recommendations of Old Town made sense in this area. C. Concerns regarding preservation of buildings and how new buildings could be compatible. 4. Commission change(s)to Staff recommendation: a. Commission recommended a condition of approval that architectural design and materials should be generally consistent with neighborhood aesthetics. C. The Meridian City Council heard these items on March 22,2022. At the public hearing,the Council moved to approve the subject rezoning rem 1. Summary of the City Council public hearing: a. In favor: Carl Arm b. In opposition: None C. Commenting:None d. Written testimony:None e. Staff presenting application: Alan Tiefenbach 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: a. None 4. City Council change(s)to Commission recommendation: a. None Page 7 Page 284 Item#20. VII. EXHIBITS 1. Building Envelope and Elevations(date: 3/22/2022) �44'� Ter wJl�.�erwp�.. � b'wayan +�wtlrw m IF w.l an• ' nc�ew_.icw I •4 •9��W*�i ny d [rAsi>uKYI.�wl.a cernvs.■nrw.:me ni rt[tihlG.ylS}��LO�E_ �yLIMIS•nfY!�Cob[1G[ O ry I 34' 5' S' 1ST 5TREET Ste Map p Page 8 Page 285 Item#20. 2. Rezoning Legal Description(date: 12/9/2021) Description for T Zone December 9, 2021 A portion of the in the Northeast 1/4 at the Southeast 114 of Section 12, Township 3 NWh, Range 1 West, Boise Meridian,City of Meridian,Ada County, Idaho more particularly described as follows: Commencing at a 5/8"Iron pin marking the centerline intersection of N. Meridian Road and W.Broadway Avenue, from which a 5/8"Iron pin marking the centerline intersection of W. 3rd Street and W. Broadway Avenue, bears North 89625'49"West,956.87 feet; thence an the centerline of W. Broadway Avenue, North 89325'49"West, 323.00 feet to the centerline of NW 1st Street;thence on the centerline of NW 1 st Street, South 00`30'09"Vilest,246.25 feet to the easterly extension of the north boundary line of the South W4 of Lot 9, Block 2,J.M.Anderson$ Second Addition to Meridian, as file in Book 2 of Plats at Page 87, records of Ada County, Idaho and the HEAL POINT OF BEGINNING; thence continuing on said centerline, South 00°30'09"West,43.75 feet to the easterly extension of the south boundary fine of Lot 10. Block 2 of said J.M.Andersons Second Addition to Meridian; thence on said south boundary line and the easterly and westerly extension thereo#, North 89825'49"West, 158.06 feet to the centerline of a public alley; thence on the centerline of the public alley,North W30'09"East, 43.75 feet to the westerly extension of the north boundary line of the South 3/4 of said Lot 9; thence on said north boundary line and the easterly and westerly extension thereof, South 89°25'49"East, 158.06 feet to the REAL POINT OF BEGINNING. Containing 0.159 acres, mafv of less. This description was prepared using record data as shown on Record of Survey No. 9863, recorded as Inst rum ant No. 2014-D58419, records of Ada County, Idaho and was not verified with a survey on the ground by Idaho Survey Croup, LLC. End of Description. Na Ic ` 11779 It .•_e-R RV� Page 9 Page 286 Item#20. u 10 31) t ail Basis of Beorings � _ _ _ N89'25'49"W 956.37_'� 475,81' 158.06, { W. 6r4+7Uway Ave. !I 7 r � 1 A o ffl Chh4Jli . �, a 5 IQ J.H. A mdenm # r� t� Serfttd AYd tkgr, ( Real Pc�lnt I 58`�'25'44"E 158.Q6' of Baginn�ny f g • / Southerl S 4 ■ IrV0.159 Acres;•.• S�0'3D'UA"til+ 43.75' 1 d r` �' 43.75' S89'25'4 "E 75a.06' I 12 • I 13 I ?6- LA rO '11779 , ,A,r�� It OF MCCp, Page 10 Page 287 Item#20. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING Staff Comments: 1. Administrative design review is required prior to building permit for all new attached residential structures containing two(2) or more dwelling units. Elevations should include at least two field materials, accent materials, a heavier accent material around the base of the buildings, covered porches, and overhangs matching the rooflines or porches over the garage doors. 2. The duplex shall include a ground-level covered porch at the front for each unit(individual or combined) of sufficient size to allow covered seating. Conformance will be reviewed at time of design review. 3. Architectural design and materials shall be generally consistent with neighborhood aesthetics. 4. All off street parking areas and driveways shall be improved with a compacted gravel base,not less than four(4)inches thick, surfaced with asphaltic pavement,as required per UDC 11-3C-5. 5. Sidewalk should be constructed along NW Pt Street pursuant to UDC 11-3A-17. 6. Staff s failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. 7. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-613,as applicable. 8. The development shall comply with all provisions of the O-T zoning district as set forth in UDC 11-2D-1. B. PUBLIC WORKS CONDITIONS: Site Specific Conditions: 1. There is a sewer main running through the alley on the west side of this parcel that currently serves the area,however,the City will be installing a new line in West 1S1 Street which will need to be utilized. The applicant can use the current sewer line,but must install a dry line to the east for future connection to the new main once it is built. 2. A utility plan must be provided for review and approval by the City with the building permit application. General Conditions: 3. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 4. 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. 5. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in Page 11 Page 288 Item#20. the development,and if so,how they will continue to be used,or provide record of their abandonment. 6. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 7. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 8. 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. 9. 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. 10. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 11. Developer shall coordinate mailbox locations with the Meridian Post Office. 12. 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. 13. 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. C. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridianciU.orglWebLinkIDocView.aWx?id=250046&dbid=0&repo=MeridianC iv IX. FINDINGS A. Rezoning Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Council finds the proposed zoning map amendment to rezone the property from the I-L zoning district to the O-T zoning district is consistent with the Comprehensive Plan, if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Council finds the proposed zoning map amendment and the request for the development Page 12 Page 289 Item#20. complies with the regulations outlined in the requested O-T zoning district and is consistent with the purpose statement of the requested traditional neighborhood zoning districts in general. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; As this is an infill site surrounded by predominately residential development, 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 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. Subject site is already annexed so Council finds this finding nonapplicable. Page 13 Page 290 Item#21. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Victory Commons Condominiums (SHP-2022-0002) by BVA Development, Located at 2976 S. Meridian Rd. (Lot 4, Block 1 of Victory Commons Subdivision No 2) Page 291 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER In the Matter of the Request for a Short Plat to Condominiumize an Existing Building to Create Ten(10)Units for Ownership Purposes,on 2.419 Acres of Land in the C-G Zoning District,by BVA Development. Case No(s). SHP-2022-0002 For the City Council Hearing Date of: March 22, 2022 (Findings on April 5,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of March 22,2022,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of March 22, 2022, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 22, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of March 22,2022, 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(Victory Commons Condominiums—FILE#SHP-2022-0002) - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 22, 2022, 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 Short Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of March 22,2022, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Victory Commons Condominiums—FILE#SHP-2022-0002) -2- 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 March 22,2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Victory Commons Condominiums—FILE#SHP-2022-0002) -3- By action of the City Council at its regular meeting held on the 5th day of April 2022. 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 4-5-2022 Attest: Chris Johnson 4-5-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 4-5-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Victory Commons Condominiums—FILE#SHP-2022-0002) -4- item#21. EX H I BIT A STAFF REPORTC�WE IDIANn-=- COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 3/22/2022 Legend e DATE: �F*c�ecy LocoSar. TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner 208-884-5533 SUBJECT: SHP-2022-0002 Victory Commons Condominiums LOCATION: The site is located at 2976 S. Meridian _ Rd., in the southwest 1/4 of Section 19, T.3N. R.IE. 5 r i5 1. PROJECT DESCRIPTION Short plat to condominiumize an existing building to create ten(10)units for ownership purposes,by BVA Development. II. APPLICANT INFORMATION A. Applicant: Jackson Cleverley,BVA Development—2775 W.Navigator Dr,Meridian,ID 83642 B. Owner: BVA Victory Commons Flex No 1 LLC-PO Box 51298,Idaho Falls, Idaho 83405 C. Representative: Same as Applicant III. NOTICING City Council Posting Date Legal notice published in newspaper 3/6/2022 Radius notice mailed to property owners within 500 feet 3/7/2022 Posted to Next Door 3/8/2022 Page 1 Page 296 Item#21. IV. STAFF ANALYSIS The subject property contains an existing 29,600 sq. ft. flex building which was approved by Certificate of Zoning Compliance in April of 2020(A-2020-0007). At the time the CZC was approved,the property was being constructed on a lot that was platted with the Mussell Corner Subdivision. In June of 2020,the property was replatted as Lot 4,Block 1 of Victory Commons Subdivision(H- 2020-0086). In March of 2022,the lot was reconfigured as Lot 4, Block 2 of Victory Commons Subdivision No. 2(H-2021-0054). The present proposal is to condominiumize the existing building into 10 units of air space. The individual unit spaces can be seen on Page 2 of the short plat shown in Section VI.A. Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in UDC 11-6B-5A.2 and deems the short plat to be in compliance with said requirements. V. DECISION A. Staff: Staff recommends approval of the proposed short plat with the conditions noted in Section VII of this report and in accord with the findings in Section VIII. B. The Meridian City Council heard these items on March 22,2022.At the public hearing the Council moved to approve the subject short plat request. 1. Summary of the City Council public hearing a. In favor: Tom Peterson b. In opposition:None C. Commenting: None d. Written testimony: None e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. One citizen testified with concerns re ag rding traffic and construction impacts of the Victory Commons development. 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation. a. None Page 2 Page 297 Item#21. VI. EXHIBITS A. Short Plat(date: 11/8/2021)Cd' ����� � �P}��� r♦c' r.�n1 ra r cp+R -y O r Line Table P.Ls.1 fe ♦ q 16R r'7852'0F2J L7 1&5T 589'd0'45'E f2kW R-2J L2 21.53' 853'"70'f SCALE:I'=8P -ep is2f/'�2J 1;3 3z1s safi'3z7aw 14 17.1E N49'2201-W ♦♦� P O f a [50.03•Fd-2J Ls 59.117• 589.82.17YY F. .IP.Ls.ffw fT ♦ ` ♦ f / �f�a 37.53'RF2J 15 51.53' NB9�l'231v E PAS.t%X r���'•✓'•., ��� � `/ LJ KEYNOTES: !� �� �-—•'�— .,�' —--"�—� �Tr� suewvlsloN Is s�L �� G }'( ` �-- �.3,y — ♦� O 3 ME is}FOOT'MDWGPEE _ r• 44- f ti` vd.S ba CL KENNEDY LATERAL IPEH ASSEGNS. is LP. CORNER `S71BD7i SM) �TEN(1V)FOOT PUBLIC LmLT ` r'•.• 1 ♦� t� y 1s THIR ICTF RINGRES&EGY _ ______ �.-` � � �T2'Y� 5 a1STRICT F9ft INGfiE55-EGF �• BLOCK 7 �'2$.�'3' O 1fi E7RSTING`.XXUnN IIS]FOG- P,L.B.M L.5 RLST3S@ `•� 6 t� \ 17 CrrY OF MERIDIAN WATER' I � I T 1e ♦ r•a I ti L.3 78 TEN M"FCOT W1aE PERVA O S4 D-11Ok .�{'III�•�t/} � gal_�eluhi —,La.7�72d y4 7 9 EL Cf_le1E5 P,LS.T716 �! i 7 `>f FpIQd2B'Au1.IpLW CA � I f P IN ITV m0NUkfi(f CASE i C.F.eF.mmnow m Tl C &Pf 5-14 �I 5 F3 L.1 PROJECTSl i 1Z z p F.L8.A3e0`N6P"f14 -yy b_s.'81A i1 a� gRa 2 tad.11 l' o �dii 10 cm 8 4 3 9 Lq PA$.731e 389'A2'17-W 633.35 rv,Ls.@95G Rp GGY T LOT4 rya,R rru 2vmE � aM —L rH&7'SG3T•EY730.31•!F}J �v6LB' 5-25 8-30 •—` � 6e.CAk GpY}I UT P,LA,0.13lQ@ E.VTt"PQRY ROAD] P•43• C.P.aF.iH718-015/!2 GF.N.2gp2MCAY5 Curve Table BASIS OF BEARINGS: 2775 W.Na iQelar I THE BA-M OF BE 4ft7NGS FOR TMSURVEY lS THE WE ST BOUNDARY OF GOVERNME'1T L OF Cllfre fi LefHJtll R.M. OVA Cllptl❑h+CWn Olgltl LeTglh Suite 2111 4,TAKEN AS NCU•38'36E PER RECORGOF^,JRYY:•2,2M BEARING^.ARE GRIG, C1 411.37 cmm- 3.3136" Sa6'S9m-E 4a32 Nandi-.B3 SM42 DISTANCESAREGROUND. (20BJ 89&252LI Sd3'S9'19"E 40.32' Page 3 Page 298 Item#21. VICTORY COMMONS CONDOMINIUMS BOOK-PAGE- N50'45'3TE 377 63' LEGEND: -E I LV LI J�p I;N -g. L-q- la kr- Page 4 Item#21. VII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION Site Specific Conditions: 1. All development shall comply with the terms of the approved preliminary plat(H-2019- 0150), development agreement(Inst. 2019-119405), final plat(H-2021-0054), certificate of zoning compliance(A-2020-0007) and any future amendments to that agreement as applicable. 2. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized, as well as the signatures of the Ada County Highway District and the Central District Health Department. 3. Staff s failure to cite specific ordinance provisions or conditions from the previous approvals noted above does not relieve the Applicant of responsibility for compliance. B. PUBLIC WORKS (Common) SITE SPECIFIC CONDITIONS: 1. Developer is required to enter into a reimbursement agreement for the installation of one streetlight that was installed on Chinden Boulevard as part of the widening project.The developer is required to sign the reimbursement agreement and pay the installation amount of$8,465.00 prior to signature of the plat. 2. No changes to public works infrastructure was shown with the application, any public works changes must be reviewed by public works engineering prior to approval or construction. GENERAL CONDITIONS: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature.This surety will be verified by a line item cost estimate provided by the owner to the Page 5 Page 300 Item#21. City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-413. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. Page 6 Page 301 Item#21. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. VIII. REQUIRED FINDINGS FROM THE UNIFIED DEVELOPMENT CODE In consideration of a short plat,the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan designates the future land use of this property as Commercial. The current zoning district of the site is C-G. Council finds the proposed short plat complies with the Comprehensive Plan and the dimensional standards in the UDC for the C-N district. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services are adequate to serve the site. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Page 7 — Page 302 Item#21. Council finds that the development will not require the expenditure of capital improvement funds. All required utilities are being provided with the development of the property at the developer's expense. D. There is public financial capability of supporting services for the proposed development; Council finds that the development will not require major expenditures for providing supporting services. Sewer,water,utilities and pressurized irrigation already serve the project. E. The development will not be detrimental to the public health, safety or general welfare; and Council finds the proposed short plat to condominiumize the existing structure will not be detrimental to the public health, safety or general welfare. F. The development preserves significant natural,scenic or historic features. Council is not aware of any significant natural,scenic or historic features associated with short platting the structure on this site. Page 8 Page 303 Item#22. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Development Agreement (H-2021-0095 Inglewood Commercial) Between the City of Meridian and James Peterson for Property Located at 3330 E. Victory Rd. Page 304 ADA COUNTY RECORDER Phil McGrane 2022-033767 BOISEIDAHO Pgs=11 CHE FOWLER 04/06/2022 08:04 AM CITY OF MERIDIAN, IDAHO NO FEE ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: I City of Meridian 2. James Peterson, Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this day of Tladl , 2022, ("ADDENDUM"),by and between City of Meridian, a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and James Peterson, ("OWNER/DEVELOPER") whose address is 197 W. 4860 S.. Murray, UT 84107 RECITALS A. OWNER/DEVELOPER has submitted an application fora Modification to the Development Agreement recorded as Instrument#2019-124424 in Ada County Records to update the conceptual development plan to include a daycare facility instead of a retail use and removal of the 3- story office building in favor of a smaller retail/office building. The Meridian City Council approved said application with Findings of Fact and Conclusions of Law as in the attached Exhibit"A". B. CITY and OWNER/DEVELOPER now desire to amend said Development Agreement,which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement recorded as Instrument#2019-124424, except as specifically amended as follows: Conceptual development plan is updated to include a daycare facility instead of a retail use and removal of the 3-story office building in favor of a smaller retail/office building as shown in the "Proposed Conceptual Development Plan" - Exhibit B of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit"A". 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subj ect to de-annexation if the Owner/Developer,or their assigns,heirs,or successor shall not meet the conditions of this Addendum,and the Ordinances of the City of Meridian as herein provided. 3. This Addendum shall be binding upon and insure to the benefit of the parties'respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Addendum shall be binding on the Owner/Developer of the Property,each subsequent owner and any other person(s)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 ADDENDUM TO DEVELOPMENT AGREEMENT-H-2021-0095—Inglewood Commercial-MDA Page 1 of 3 alienation shall be subject to the provisions hereon 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 Addendum if City, in its sole and reasonable discretion,had determined that Owner/Developer have fully performed its obligations under this Addendum. 4. If any provision of this Addendum is held not valid by a court of competent jurisdiction,such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein,and there are no promises, agreements, conditions or under-standing, 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 Addendum 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. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within 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. 6. This Addendum shall be effective as of the date herein above written. 7. Except as amended by the Addendums, all terms of the previous Agreements shall remain in full force and effect. ADDENDUM TO DEVELOPMENT AGREEMENT-H-2021-0095—Inglewood Commercial-MDA Page 2 of 3 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this Addendum and made it effective as hereinabove provided. OWNER/DEVELOPER: James P erso CITY OF MERIDIAN Attest: Mayor Robert E. Simison 4-5-2022 Chris Johnson, City Clerk 4-5-2022 STATE OF Q-rA 14 ) )ss. County of 1+La ke— ) On this I'[+'day of Mor C k ,2022,before me,the undersigned,a Notary Public in and for said State, personally appeared James Petersen known or identified to me to be the person who executed the instrument above. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. �.�°•'w TEAL LAROQUE NOOMPUBM-SUTEOFaW NotftKblic fo !✓S ^'>" • COMMISSIONS 4. 717502 Resi idin at: C+vYI,� g - Its' COMM.EXP.03.31.2025 My commission expires: G -31-2V2 h STATE OF IDAHO ) ss County of Ada ) On this 5th day of April, 2022 20-21 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: 3-28-2028 ADDENDUM TO DEVELOPMENT AGREEMENT-H-2021-0095—Inglewood Commercial-MDA Page 3 of 3 EXHIBIT A Item#22. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[ENDlt�l V�• AND DECISION& ORDER In the Matter of the Request for Modification to the Existing Development Agreement(Inst.#2019- 124424)to Update the Conceptual Development Plan to Include a Daycare Facility instead of a Retail Use and Removal of the 3-Story Office Building in Favor of a Smaller Retail/Office Building, by Gold Stream. Case No(s).H-2021-0095 For the City Council Hearing Date of: February 22,2022 (Findings on March 8,2022) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 22,2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of February 22,2022, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 22, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of February 22, 2022,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 INGLEWOOD COMMERCIAL MDA H-2021-0095 - I - Page 308 Item#22. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of February 22,2022, 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 a modification to the existing Development Agreement(Inst. #20190124424) is hereby approved per the conditions of approval in the Staff Report for the hearing date of February 22, 2022, 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 February 22,2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR INGLEWOOD COMMERCIAL MDA H-2021-0095 -2- Page 309 By action of the City Council at its regular meeting held on the 8th day of March 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 3-8-2022 Attest: Chris Johnson 3-8-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 3-8-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR INGLEWOOD COMMERCIAL MDA H-2021-0095 -3- Item#22. EXHIBIT A STAFF REPORTC�WE COMMUNITY N --- COMMUNITY DEVELOPMENT DEPARTMENT a` HEARING 2/22/22kOVER DATE: K-a , i `'R!7WFa DR TO: Mayor&City Council ` rFE=-`5_ — I RJ2 FROAM: Sonya Allen,Associate Planner E MM1EKXf irR R�1 E A45z4:rr� .�� 208-884-5533 K4 w SUBJECT: H-2021-0095ri, TM w Inglewood Commercial I - E=�1rrWr-Ra= LOCATION: 3330 E. Victory Rd., in the SW 1/4 of ..F-W n r c tfiJl.l.�y f Section 21,T.3N., R.IE. # R_g eonr s i E7 60 � L PROJECT DESCRIPTION Modification to the existing Development Agreement(Inst. #2019-124424)to update the conceptual development plan to include a daycare facility instead of a retail use and removal of the 3-story office building in favor of a smaller retail/office building. II. SUMMARY OF REPORT A. Applicant: Clint Tolman, Gold Stream— 197 W.4860 S.,Murray,UT 84107 B. Owner: James Petersen— 197 W. 4860 S., Murray, UT 84107 C. Representative: Emily Muller, Gold Stream— 197 W. 4860 S.,Murray,UT 84107 III. NOTICING City Council Posting Date Notification published in newspaper 2/6/2022 Notification mailed to property owners within 300 feet 2/3/2022 Page 1 Page 311 Item#22. EXHIBIT A Applicant posted public hearing notice on site 2/11/2022 Nextdoor posting 2/3/2022 IV. STAFF ANALYSIS The Applicant proposes to modify the existing Development Agreement(DA) (H-2019-0099, Inst. #2019-124424) in effect for this property to update the conceptual development plan approved for the overall development. The existing conceptual development plan depicts a mix of uses including a 3-story nursing/residential care facility with independent living, assisted living and memory care in the center of the development with single-family attached homes for independent living to the east; a 12,300 square foot(s.£) 3-story office is depicted on the west side of the senior living facility; and retail/commercial uses are depicted on the 3 pads along S. Eagle Rd. (see plan in Section VI.A). No changes to the retirement community or the two retail/commercial building pads at the southwest corner of the site are proposed, except to enlarge the northern building pad and include office as a possible use. The pad at the southwest corner of the site is planned to develop with a drive-through restaurant(i.e. coffee shop)with indoor and outdoor seating. The 3-story office building is proposed to be removed as there is not adequate space for the building and there is a sewer easement in the middle of the roadway and through where the building is depicted; and a daycare is proposed in place of the northern retail pad(see plan in Section VI.B). The Applicant's narrative states that walkways are planned from the daycare to the senior living as part of the plan is for children to visit the seniors. The proposed development plan,which includes a mix of residential and commercial (retail/office/restaurant/daycare)uses, demonstrates compliance with the Mixed Use—Community (MU-C)Future Land Use Map(FLUM) designation in the Comprehensive Plan for this site. The proposed uses will provide employment opportunities and services for those living nearby. The existing DA provisions will ensure supportive and proportional public and/or quasi-public spaces, including but not limited to parks,plazas, outdoor gathering areas, open space, etc. is provided within the mixed use/commercial portion of the development. V. DECISION A. Staff: Staff recommends approval of the modification to the DA as proposed. B. The Meridian City Council heard this item on February 22,2022.At the public hearing.the Council moved to approve the subject MDA request. 1. Summary of the City Council public hearing: a. In favor: Jim Petersen. Gold Stream b. In opposition:None C. Commenting: None d. Written testimony: Clint Tolman, Gold Stream(in agreement with staff reportl e. Staff presenting application: Joe Dodson f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. Existing site conditions and development plans for the overall site. 3. Key issue(s)of discussion by City Council: Page 2 Page 312 Item#22. EXHIBIT A a. Pedestrian connectivity within the site and with adjacent residential development to east (there are no pathway stubs to this sitel: b. Vehicular access for the proposed daycare facility. 4. City Council change(s)to Commission recommendation: a. None VI. EXHIBITS A. Existing Conceptual Development Plan&Perspective Elevations wellrm^^ Sign atthe end of Titanium ar na�v.u.�om.mPmsln Lanersam.'eurw � �3 w d _ B A A B Moved units 5"additional feet away from easement Drive aisles Re expanded to 26' PadA B 3 12• Replacefenca lie n Zone:R-13 Ae;R_13 along eastern Senior Living ultl-It border Retai I Facility Pad a �.aoo so Fr B A A B Tiatanium Updated to 33'width with O rolling curb w More crosswalks - w indicated d asa v — '�� B A A B In ter�maveemm ' Victory Rd sidewalks no longer meander UPDATED SITE PLAID INGLEWOOD PLACE SUBDIVISION Meridian.Itlnho Nov r.20]9 Archl[echre '.._oc�r,.e c_.:e=_rnnnow_onr�r.nru��oesuar inn.rH;vn naor�arr.es=rnnnou Page 3 Page 313 113All 4,c1- -t.. {` 3R � IMMOMMMMi Think r r 140 fft 00 ,a 10 low I Item#22. EXHIBIT A B. Proposed Conceptual Development Plan PUBLIC CONNECTION II B A A B I w ruruwuo DAYCARE I � I � I Z II Y a � ¢w m�4 A B a m ZONE'R-13 w w SENIOR LIVING 8 a FACILITY S I 00 a w � w � z RETAIL/ 4 cc OFFICE a g B A A B PAD x Y w a � a F w a LTRETAIF� T L, LMnt INGLEWOOD PEACE SUBDIVISION ■ARCH=ME Page 5 Page 315 Item#23. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Development Agreement (H-2021-0101 Meridian U-Haul Moving and Storage) Between the City of Meridian and Amerco Real Estate Company for Property Located at 1230 and 1270 E. Overland Rd. Page 316 ADA COUNTY RECORDER Phil McGrane 2022-034381 BOISE IDAHO Pgs=23 BONNIE OBERBILLIG 04/07/2022 10:57 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Matthew F. Braccia,Amerco Real Estate Company, Owner/Developer THIS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into this 5th day of April , 2022, 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 Matthew F. Braeeia,Amerco Real Estate Company,whose address is 2727 N. Central Avenue, Ste. 500, Phoenix, AZ 85004, hereinafter called O`VNER/DEVELOPER. 1. RECITALS: 1.1 --WHEREAS,Owner is the sole owner,in law and/or equity,of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of zoning that the 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 I 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 a modification of an existing Development Agreement (Instrument # 100029704) on the property as shown in Exhibit"A"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 government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and DEVELOPMENT AGREEMENT—MERIDIAN U-HAUL MOVING AND STORAGE(H-202I-0101) PAGE I OF 7 Item#23. 1.7 WHEREAS, on the 22nd day of February, 2022, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit`B"; and 1.8 WHEREAS, the Findings require the Owner/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 contained in Exhibit"A"shall no longer be subject to the terms of the existing Development Agreement(Inst.#100029704)or any prior development agreement and shall be bound only by the terms contained in this 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. 3.2 OWNER/DEVELOPER: means and refers to Matthew F.Braccia,Amerco Real Estate Company, whose address is 2727 N. Central Avenue, Ste. 500, Phoenix,AZ 85004,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—MERIDIAN U-HAUL MOVING AND STORAGE(H-2021-0101) PAGE 2 OF 7 Page 318 Item#23. 3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada, City of Meridian as in Exhibit "A" describing a parcel to 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 site plan, landscape plan and be conceptual building elevations for the self-storage and rental facility 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. Uses on the property shall conform with the uses codified in UDC Table 11-2B-2 and the specific use standards set forth in UDC 11-4/ 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. In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property,fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period.In the event of Owner/Developer's default of this agreement, Owner/Developer shall have thirty(30)days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default,which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. DEVELOPMENT AGREEMENT—MERIDIAN U-HAUL MOVING AND STORAGE(H-2021-0101) PAGE 3 OF 7 Page 319 Item#23. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice from City as described in Section 7.2, City shall,upon satisfaction of the notice and hearing procedures set forth in Idaho Code section 67-651IA,have the right,but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service and/or sewer service. Further, City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement.Because the covenants, agreements, conditions, and obligations contained herein are unique to the Property and integral to City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction, validity, performance, and enforcement. Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.5 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. 7.6 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 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 DEVELOPMENT AGREEMENT—MERIDIAN U-HAUL MOVING AND STORAGE(H-2021-0101) PAGE 4 OF 7 Page 320 Item#23. 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: Matthew F. Braccia,Amerco Real Estate Company 2727 N. Central Avenue, Ste. 500 Phoenix, AZ 85004 14.1 A party shall have the right to change its address by delivering to the other parry a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/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. DEVELOPMENT AGREEMENT—MERIDIAN U-HAUL MOVING AND STORAGE(H-2021-0101) PAGE 5 OF 7 Page 321 Item#23. 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; acknowledgements, signatures and Exhibits A and B follow] DEVELOPMENT AGREEMENT—MERIDIAN U-HAUL MOVING AND STORAGE(H-2021-0101) PAGE 6 OF 7 Page 322 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS/DEVELOPER: Matthew F. Braccia, Amerco I Estate Company CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk STATE OF 1RAM ) pp.yy��0.�C ca� County af�1�c#�� ) ss: On this Lftay of !&a v'&L ,2022,before me,the undersigned,a Notary Public in and for said State, personally appeared Matthew F.Braccia,known or identified tome to be the Prg 5jCA of Amerco Real Estate Company. and the person who signed above and acknowledged to me that he executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and aft' d- Icia I the day and year in this certificate first above written. ROSiO L.SANDOVAL NMARY PUBLIC-AMMNA qv OMMSgiONA Public for 2t21np MY COMMIS M EXP M Residing at: MAY 25,21123 My Commission Expires: 05 L3 STATE OF IDAHO } :ss County of Ada } On this 5th day of April 2022, before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at: Meridian, Idaho Commission expires: 3-28-2028 DEVELOPMENT AGREEMENT—MERIDIAN U-HAUL MOVING AND STORAGE(H-2021-010 1) PAGE 7 OF 7 EXHIBIT A Item#23. A. Development Agreement Legal Description and Exhibit Map(date: 10/1/2021) LO I IN BLOCK i OF PACK IT UP SUBDIVISION,ACCORDING TO THE PLAT THEREOF,FILED IN BOOK 84 OF PLATS AT PAGES 936.0 AND 9361,P.ENRDS OF ADA COUNTY,IDAI1O. PAP.CEL 11: APAP.CEL OF LAND BEING'ALLOF LOTS,AND A PORTION OF LO 2 BLOCK I OF PACK IT UP SUBDIVISION LOCATED IN THE SOUTHEAST AUAP:TER OF SECTION 18,TOWNSHIP 3 NOW H,RANGEI EAST,DOME MERIDIAN,ADACOUN ,IDAHO,ANDALSO SHOWN AS PARCEL'B'ON RECORD OF SURVEY NO-6228,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMENCING ATTHE SOUTHEAST OORNER OF SAID SECTION 19,FROM WHICH THE SOU HQUAR ER CORNER OF SAID SECTION BEARS SOUTH 99'44'18"WEST,2649.09 FEET,THENCE SOUTH 89'44'18"WEST ALONG THE SOUTH BOUNDARY OF SAID SECTION 18 AND THE CENTERLINE OF WEST OVERLAND ROAD FOR A DISTANCE OF 1897.27 FEET;THENCE LEAVING SAID BOUNDARY AND CENTERLINE NORTH 00'28"31"EAST FOR A DISTANCE OF 4&60 FEET TO A POINT ON THE NORTH RICH -OF-WAY LINE OF WEST OVERLAND ROAD AND THE SOUTHWEST OORNER OFLOT3 BLOCK OF PACK IT UP SUBDIVISION,BEING THE REAL PA IHT OF BEGINNI NG;THENCE NORTH BW28'51'EASTALONG THE WEST BOUNDARY OF SAID LOT 3 EXTENDED FOP.A DISTANCE OF 165.40 FEET;THENCE SOUTH 89'31'09"EAST FOR A DISTANCE OF 195.56 FEET TO THE NOW HEA-T CORNER OF SAID LOT 3;THENCE SOUTH 0O'.2.8'52"WEST ALONG THE EAST BOUNDARY OF SAID LOT 3 FOR A DISTANCE OF 162-87 FEET;TH ENCE SOUTH 89'44'18"WEST ALONG THE SOUTH BOUNDARY OF SAID LOT 3 FOR A DISTANCE OF 195-57 FEET TO THE REAL PAINT OF BEG NNING. PAP.CE L 11I: A PARCEL OF LAND BEING LOT 1,BLOCK 1,OF SWINDELL SUBDIVISION,A RECORDED 5URDIV15ION ON FILE IN BOOK 113 OF PLATS AT PAGES 16586 THROUGH 16510,RECORDS OF ADA COUNTY,IDAHO,AND A POW ION OF LO 2,BLOCK I,OF PAW IT UPSUBDNISION, A RECOP.DED SUBDIVISION ON FILE IN BOOK 84 OF PLATS A PAGES 9360 AND 9361,RECORDS OF ADA COUNTY,IDAHO,SITUATED IN THE SOUTHEAST 114 OF SECTION 19,TOWNSHIP 3 NORTH,RANGE 1 EAST,BOISE MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO, AND AS SHOWN ON RECORD OF SURVEY INSTRUMENT NUMBER 262GF172777,AND MORE PARTICULARLY DEWRI BED AS FOLLOWS: BEG NNING ATTHE MOST SOUTHERLY CORNER OF SAID LOT 1,BLOCK 1,OF SWINDELL SUBDIVISION; THENCE ALONG THE WESTERLY BOUNDARY OF SAID LOT 1 NOR H 29'OW92"WEST 183.41 FEE TO THE SOUTHERLY BOUNDARY OF SAID LOT 2,BLOCK 1,OF PACK IT UP SUBDIVISION; THENCE LEAVING SAID WESTERLY BOUNDARY AND ALONG SAID SOUTHERLY BOUNDARY AND THE WESTERLY EXTENSION THEREOF NOR H 89'32'27'W ES 358.O6 FEET; THENCE SOUTH 0'27'33"WEST 255.4O FEETTO THE NORTHERLY RIGHT-O F-WAY OF OVERLAND ROAD; THENCE ALONG SAID NORTHERLY RIGHT-OF WAY SOUTH&1'03'90"WEST 30-00 FEET;. THENC:ELEAVI G SAID NORTHERLY RIGHT-OF-WAY AND ALONG SAID SOU HERLY BOUNDARYOF LOT 2 NORTH 0'27'33"EiAST 165-79 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY BOUNDARY NORTH.B9'32'27"WEST2.09.44FEET TO THE WESTERLY04UNDARY Of SAID LOT 2; THENCE LEAVING SAID SOUTHERLY BOUNDARY ANDALONG SAID WESTERLY BOUNDARY NORTH O'27'33"EAST 483.50 FEET TO THE NORTHERLY BOUNDARY OF SAID LOT 2; THENCE LEAVING SAID WESTERLY SO UNDARY AN D ALONG SAID NOW HERLY BOUNDARY NORTH 31'2 S'14'EAST 21-83 FEET; THENCE CONTINUING ALONG SAID NORTHERLY BOUN DARY SOU H i8'23'15"EA 410-39 FEET TO THE NORTHERLY BOUNDARY OF SAID LOT1,BLOCK 1,OF SWINDELL SUB DIVISION; THENCE LE4VI G SAID NORTHERLY NOUN DARY OF LOT 2 AND ALONG SAID NORTHERLY BOUNDARY OF LOT 1 SOUTH 84"24'55"EAST 51.53FEE TO'THE WESTERLYRIGHT-OF-WAYOF LABRADOR WAY, THENCE ALONG SAID WESTERLY RIGHT-OF-WAY THE FOLLOWING 6 COU RSESC. ALONG THE ARC OF A CIRCULAR CURVE TO HE LEFT 75.64 FEET,SAID CURVE HAVING A RADIUS OF i2-00 FEET;A CENTRAL ANGLE OF 69'33'57',AN D A CHORD BEARING SOUTH 2.9'2A'13'EAST 71.03 FEET,; THENCE ALONG THE ARC OF A CIRCULAR CURVE iO THE RIGH 18.01 FEET,SAID CURVE HAVING A RADIUS OF 20.01 FEET;A CENTRAL ANGLE OF 51'35'10",AND A CHORD HEARING SO U 111 38'29'37"EAST 17.40 FEET; THENCE ALONG THE ARC OF A CIRCULAR CURVE-0 THE LEFT 28.49 FEET,SAID CURVE HAVING A RADIUS OF 102.60 FEET;A CENTRAL ANGLE OF 16'OWD3",AND A CHORD BEARING SOUTII 2O'42'03"EAST 23.39 FEET; THENCE SOUTH 28'42'04"EAST 355-66 FEET; THENCE ALONG THE ARC OF A CI RCULAR C'URVETO THE RICH 74-20 FEET,SAID CURVE HAVING A RADIUS OF173.90 FEET CENTRALA GLE OF 24'34'21",AND A CHORD NEARING SOUTH 16"24'54'EAST 73.63 FEET; THENCE SOUTH 34'07'17"WEST 25.82 FEET TO THE POINT OF BEGINNING. Page 324 Item#23. C> 11D2 OD'I Tn 49 1 IQV04P 1 2—4.X14rO>-E u IN[vrx'>a-w 1 2o.19 fI 173.00' IL2✓ 2-1,21• 2>4>' ID'N'x-E LI s!S9'4>'00•w >o.GO' Vg <.S F{A Y.' a5.20' 98.14' �z9'_Z"E LS N 5125'If E 21.83' r r I N L'1 LL C4 Z9.00' 2E DD' wo"I' 12.85 •Itl21'>B'E lb N DR13Y E M en' EL E I Q +8`3 q�\ es •n I i I� �I r,lPARCEL III 1250 OVERLAND ROAD 5.32t ACRES I aItsx� I No 4:IIL01Ncs[7HSEFVED rl \ P � \\ N 8912'27'W N 89'32.27"'W 209.44' pFa�.an' I PARCEL I m 1230 OVERLAND ROAD PARCEL II I� 0.80t ACRES W I I _ 1274 OVERLAND ROAD 0.74t ACRES _Ea""E `; •7 E 1 Y /�/�—��rnct•L n Y q _ S 89--3'00'W 209.48' _ELL 5 89'4700'W 19— b ^I Q m1mamils 6 eoE aD' E. OVERLANO ROAD Page 325 Item#23. EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C (([E IDIAl`T AND DECISION&ORDER In the Matter of the Request for a Development Agreement Modification to Enter into a New Development Agreement to Allow Self-Storage,Vehicle and Equipment Rental of Vehicles and Equipment with Outdoor Display,and Ancillary Retail on 6.86 acres in the C-G Zoning District,by Gurnoor Kaur,Amerco Real Estate Company. Case No(s).H-2021-0101 For the City Council Hearing Date of: February 8,2022 (Findings on February 22, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of February 8, 2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of February 8,2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of February 8, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of February 8, 2022, 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(MERIDIAN U-HAUL MOVING AND STORAGE—FILE#H-2021-0101) - I Page 326 Item#23. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of February 8,2022, 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 development agreement modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of February 8,2022, 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 February 8, 2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN U-HAUL MOVING AND STORAGE—FILE#H-2021-0101) -2 Page 327 By action of the City Council at its regular meeting held on the 22 day of February 2022 COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 2-22-2022 Attest: Chris Johnson 2-22-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 2-22-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MERIDIAN U-HAUL MOVING AND STORAGE-FILE#H-2021-0101) -3- ,tem#23. EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 2/8/2022 Legend .J DATE: Y TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner ti SUBJECT: H-2021-0101 , - _HD Meridian U-Haul Moving and Storage 64` ° LOCATION: 1230 and 1270 E. Overland Rd. and RB Parcel#R8257510015, at the northwest corner of E. Overland Rd and S. Locust Grove Rd. I. PROJECT DESCRIPTION Request for a Development Agreement Modification to enter into a new development agreement to allow self-storage,vehicle and equipment rental of vehicles and equipment with outdoor display, and ancillary retail on 6.86 acres in the C-G zoning district,by Gurnoor Kaur,Amerco Real Estate Company. A conditional use permit is being processed concurrently with this request. II. APPLICANT INFORMATION A. Applicant/Representative: Gurnoor Kaur,Amerco Real Estate—2727 N. Central Ave, Ste 500, Phoenix, AZ, 85004 B. Owner: Adler AB Owner 1,LLC—8665 W. Emerald St. Ste 200,Boise,ID, 83704 III. NOTICING Planning & Zoning City Council Posting Date Posting Date Notification published in newspaper 1/18/2022 Notification mailed to property owners within 300' 1/14/2022 Applicant posted public hearing notice sign on site 1/28/2022 Nextdoor posting 1/14/2022 Page 1 Page 329 Item#23. IV. BACKGROUND This is a proposal for a development agreement modification to allow self-storage,rental and outdoor display of vehicles and equipment, and ancillary retail to allow a U-Haul business.A conditional use is being processed concurrently with this request through the Planning Commission. The property consists of three lots totaling 6.86 acres. It was annexed into the City in 1999 as the Overland Storage Annexation(AZ-99-018,DA Instr. # 100029704,Preliminary Plat PP-99-015). The development agreement allows only the construction,development and use of a self-service storage facility consisting of eight buildings of various sizes and one caretaker unit pursuant a conditional use permit. A Conditional Use Permit(CUP-99-033)was approved for this use in October of 1999 and a final plat was recorded in 2002 (Pack it Up Subdivision,FP-00-005). There was also a parcel boundary adjustment approved in 2021 to allow consolidation of properties (PBA 2020-0006). The approved self-storage facility was never developed. Staff and the applicant have had numerous discussions regarding the location of a new facility, and due to the location, surrounding uses, and C-G zoning this particular location was selected. However, in addition to self-storage,as is typical for a U-Haul facility,the applicant intends to display U-Haul trucks and equipment for rental. A conditional use permit is required for these uses in the C-G zone district.As the existing development agreement is very specific to allowed uses,the applicant is also pursuing a request through the City Council for a development agreement modification to allow the outdoor display and ancillary retail. V. ANALYSIS Existing Development Agreement Section 4.1 (Uses Permitted by This Agreement)of the Overland Storage Development Agreement reads as follows: "The construction, development,use, and maintenance of a ministorage facility consisting of eight buildings of various sizes and one caretaker unit which development shall be pursuant to the City's Planned Unit Development procedures and pursuant to the conditional use permit process,in which process conditions shall be provided for but are herein not limited to landscape/common area requirements,right-of-way dedication prior to submitting for building permits, signage restrictions, and bike lanes." Section 6.1.1 (Conditions Governing Development of the Subject Property)lists the same allowance, with the clarification that"ministorage buildings of various sizes not to exceed 80,430 sq. ft. in total" are allowed. The applicant proposes to modify Section 4.1 as such: "The uses allowed pursuant to this Agreement are those uses allowed under City's Zoning Ordinance codified at Section 11-213-2 and Complied Ordinances of the City of Meridian and further limited to: The construction,development,use, and maintenance of a ministorage facility consisting of at least eight buildings of various sizes; a caretaker unit, an interior climatized self-service storage facility with a related retail sales showroom, outside self-storage facility,a warehouse and,vehicle (truck and trailer) rentals with outdoor display, which development shall be pursuant to the City's Planned Unit Development procedures and pursuant to the conditional use permit process, in which process conditions shall be provided for but are herein not limited to landscape/common area requirements, right-of-dedication prior to submitting for building permits, signage restrictions, and bike lanes." Page 2 Page 330 Item#23. Staff Response: Staff notes the C-G zoning district allows vehicle sales,rental and service as a principally permitted use, equipment rental, sales and service, and self-storage facilities by conditional use, and warehousing and outdoor storage as an accessory use. Staff believes the simplest method to achieve the applicant's intent is to terminate the existing development agreement and enter into a new development agreement that requires compliance with the submitted site plan,landscape plan and building elevations. VI. DECISION A. Staff: Staff recommends the City Council approve termination of the Overland Storage Development Agreement(Instr. # 100029704) and establishment of a new development agreement to include the following provisions: 1. Future development of the site shall comply with the site plan, landscape plan and conceptual building elevations for the self-storage and rental facility included in Section VII. and the provisions contained herein. 2. Uses on the property shall conform with the uses codified in UDC Table 11-213-2 and the specific use standards set forth in UDC 11-4. B. The Meridian City Council heard this item on February 8, 2022.At the public hearing the Council moved to approve the subject development agreement modification request. 1. Summary of the City Council public hearing: a. In favor: Gurnoor Kaur b. In opposition:None C. Commenting: Gurnoor Kaur d. Written testimony: None e. Staff presenting application: Alan Tiefenbach 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: a. None 4. City Council change(s)to Commission recommendation: a. None Page 3 Page 331 Item#23. VII. EXHIBITS A. Development Agreement Legal Description and Exhibit Map(date: 10/1/2021) PARCEL I- LOT 1 IN BLOCK 1 OF PACK IT UP SUBDIVISION,ACCORDING TO THE PLAT THEREOF,FILED IN BODK 84 OF PLATS AT PAGES 9360 AND 9361,RECORDS OF ADA COUNTY,IDAHO. PARCEL II: A PARCEL OF LAND BEING ALL OF LOT 5,AND A PORTION OF LOT 21N BLOCK 1 OF PACK IT UP SUBDIVISION LOCATED IN THE SOUTHEAST QUARTER OF SECTION 1S,TOWNSHIP 3 NORTH,RANGE 1 EAST,BOISE MERIDIAN,ADA COUNTY,IDAHO,AND ALSO SHOWN AS PARCEL'B'ON RECORD OF SURVEY NO-6229,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMM ENCI NG AT THE SO UTH EAST OO RNER OF SAID SECTION IS,FROM WH ICH TH E SOUTH QUARTER.CORNER OF SAID SECTION BEARS SOUTH 89'44'18"WEST,2649 '9 FEET,THENCE SOUTH 89'44'IE"WEST ALONG THE SOUTH BOUNDARY OF SAID SECTION 18 AND THE CENTERLINE OF W EST OVERLAND ROAD FOR A DISTANCE OF 11197.27 FEET;THENCE LEAVING SAID BOUNDARY AND CENTERLINE NORTH 00'28'51"EAST FOR A DISTANCE O F 48-60 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WEST OVERLAND ROAD AND THE SOUTHWEST CORNER OF LOT 3 BLOCK 1 OF PACK IT UP SUBDIVISION,BEING THE REAL POINT OF BEGINNING;THENCE NORTH DO"28'51'EASTALONG THE WEST BOUNDARY OF SAID LOT 3 EXTENDED FOR A DISTANCE OF 165.40 FEET,THENCE SOUTH 89'51'09"EAST FOR A DISTANCE OF 195.56 FEET TO THE NORTH EAST CORNER.OF SAID LOT 3;THENCE SOUTH OO'28'51"WEST ALONG THE EAST BOUNDARY OF SAID LOT 3 FOR A DISTANCE OF 162.67 FEET;THENCE SOUTH 89'44'18"WEST ALONG THE SOUTH BOUNDARY OF SAID LOT 3 FOR A DISTANCE OF 195.57 FEET TO THE REAL POINT OF BEGINNING- PARCEL III: A PARCEL OF LAND BEING LOT 1,BLOCK 1,OF SWINDELL SUBDIVISION,A RECORDED SUBDIVISION ON FILE IN BOOK 113 OF PLATSAT PAGES 16W6THROUGH 16510,RECORDS OF ADA COUNTY,IDAHO,AND A PORTION OF LOT 2,BLOCK 1,OF PACK ITUP SUBDIVISION, A RECORDED SUBDIVISION ON FILE IN BOOK 84 OF PLATS AT PAGES 9360 AND 9361,RECORDS OF ADA COUNTY,IDAHO,SITUATED IN THE SOUTHEAST 1/4 OF SECTION 19,TOWNSHIP 3 NORTH,RANGE 1 EAST,BOISE MERIDIAN,CITY OF MERIDIAN,.ADA COUNTY,IDAHO, AND AS SHOWN ON RECORD OF SURVEY INSTRUMENT NUMBER 2020-172777,AND MORE PARTICULARLY DESCRI BED AS FOLLOWS: BEGINNING ATTHE MOST SOUTHERLY CORNER OF SAID LOT 1,BLOCK 1,OF SWINDELL SUBDIVISION; THENCE ALONG TH.E WESTERLY BOUNDARY OF SAID LOT 1 NORTH 29'04'02'WET 133.41 FEETTO THE SOUTHERLY BOUNDARY OF SAID LOT 2,BLOCK 1,OF PACK IT UP SUBDIVISION; THENCE LEAVING SAID WESTERLY BOUNDARY AND ALONG SAID SOUTHERLY BOUNDARY AND THE WESTERLY EKTEN510H THEREOF NORTH SW32'27'WEST 359.06 FEET; THENCE SOUTH W27'33"W EST 165.411 FEETTO THE NORTHERLY RIGHT-OF-WAY OF OVERLAND ROAD; THENCE ALONG SAI D NORTHERLY RIGHT-OF-WAY SOUTH 89'43'DO"WEST 3D-DC FEET; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAYAND ALONG SAID SOUTHERLY BOUNDARY OF LOT 2 NORTH 0'27'33'EAST 165-79 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY BOUN DARY NORTH 89'32'27"W EST 209.44 FEET TO TH E WESTERLY BOUNDARY OF SAID LOT 2; THENCE LEAVING SAID SOUTHERLY BOUNDARY ANDALONG SAID W ESTERLY BOUNDARY NORTH W27'33"EAST 483.50 FEET TO THE NORTHERLY BOUNDARY OF SAID LOT 2; THENCE LEAVING SAID WESTERLY BOUNDARY AND ALO NG SAID NORTH ERLY BOUNDARY NO RTH 51'25'14'EAST21.63 FEET; THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY SOUTH 66'23'15"EAST 410.39 FEET TO THE NORTHERLY BOUNDARY OF SAID LOT 1,BLOCK 1,OF SWINDELL SUB DIVISION; THENCE LEAVING SAID NORTHERLY BOUNDARY OF LOT 2 AND ALONG SAID NORTHERLY BOUNDARY OF LOT I SOUTH 64°24'55"EAST 51.53 FEETTOTHE WESTERLY RIGHT-CF-WAY OF LABRADOR WAY; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY THE FOLLOWING 6 COURSES: ALONG THE ARC OF A CIRCULAR CURVE TOTHE LEFT 75.64 FEET,SAID CURVE HAVING A RADIUS OF 62.00 FEET;A CENTRAL ANGLE OF 69V'53'57',AND A CHORD BEARING SOUTH 29'213'13"EAST 71.03 FEET; THENCE ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT 16.01 FEET,SAID CURVE HAVING A RADIUS OF 20.0D FEET;A CENTRAL ANGLE OF 51'35'10",AND A CHORD BEARING SOUTH 38'29'37"EAST 17.40 FEET; THENCE ALONG TH E ARC OF A CI RCULAR CURVE TO THE LEFT 28.49 FEET,SAID CURVE HAVING A RADIUS OF 102.13O FEET;A CENTRAL ANGLE OF 16'130'D3",AND A CHORD BEARING SOUTH 20-42-03"EAST 29.39 FEET; THENCE SOUTH 28'42'04"EAST 355-66 FEET; THENCE ALONG THE ARC OF A CI RCULAR CURVE TO THE RIGHT74.20 FEET,SAID CURVE HAVING A RADIUS OF 173.130 FEET A CENTRALANGLE OF 24-34-21",AND A CHORD BEARING SOUTH 16'24'54"EAST73-83 FEET; THENCE SOUTH 34'07'17"WEST 25.82 FEETTO THE POINT OF BEG INNING. Page 4 Page 332 Item#23. \ , "C3 101.Oa' 'led9' fbVU'U3' 2a]9' S 10'F'lH3'E u H BP'35- -W 20.M' �� `-y` A 1]3.G0' i1.20' 2+']5'$1' iA., %lfi'}4'%"E Ltl s IS.'w M.�O' FQ].CN! ..- 25 , 99,9' S f1'29'22"E LS K£/2"" E 21.63' �~ I T H L I LL Cfi moo, %E.m, S-rZl 12,W r,'T21"9'E lb M 0'2—E �P.- - E - EL E L! H 0'2 "E 04a . % .T r E r � I• 37 Nt III l 4 PARCEL III 1250 OVERLAND ROAD S ' 5.32f ACRES F Y , �3 I 'I Y]9.11lfANFs OH�Ek4Efl f._ , I -T' �. I rEr N 89'32'27"W ' N 88'32'17"W 2p9.4* \\\\ PARCEL V 1230 OVERLAND ROAD PARCEL II " Ih 0.80f ACRES 1274 OVERLAND ROAD 0.74t ACRES I E� ��J "�' '`; ITI•l E EL E LZ� �014 �.I zY5 89 a3 S70'W 2p9+e' w19551 26z H — `= " C 505 15' -� 7 E OWRLAIJP ROAD r r.-E Page 5 Page 333 Item#23. B. Existing Development Agreement Language USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are those uses allowed under"City"'s Zoning Ordinance codified at Section 11-2-408 B 11 Revised and Complied Ordinances of the City of Meridian and further limited to: The construction,development, use,and maintenance of a ministorage facility consisting of eight buildings of various sizes and one caretaker unit which development shall he pursuant to the City's Planned Unit Development procedures and pursuant to the conditional use permit process,in which process conditions shall be provided for but are herein not lammed to landscapeJcommon area requirements, right-of-way dedication prior to submitling for building permits,signage restrictions,and bake lanes. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 "Developer"shall develop the"Property"in accordance with the following special conditions: 6.1.1 The construction,development,use,and maintenance of a ministorage facility consisting of ministorage buildings of various sizes not to exceed 84,430 square feet in total of all such buildings and one caretaker unit which development shall be pursuant to the City's Planned Unit Development procedures and pursuant to the conditional use permit process,in which process conditions shall be provided for but are herein not limited to landscape/common area requirements,right-of-way dedication prior to submitting for building permits,signage restrictions,and bike lanes. Page 6 Page 334 Item#23. C. Site Plan/Landscape Plan(date: 8/12/2021) -f I X LI lL E EL E I I ' I - - 4' Q Ere -Tm T TICE J3= 1 L y V I. I II ii11 �' 1 � �_ ' t I � D E L— I D I 11 II II II I� $ - 11 - 1I I� 11 I� 1 �� � ', :.i I I � i�n it ❑;1 11 iRINI t �.. !LLL---111 '- 1I - I S IL I E E 1 r 11 } p k 11 1I I _ Fx •l �� c 11 11 FL I� X -_i o0 E L'- I t o-I 8 E L- BF '.. E N -LEE A [ r E EL E EL 11 m � _ DI _ of DEL[Cl Q ETE I I_TM Page 7 Page 335 Item#23. D. Landscape Plan(date:November 12,20210 'nY(i Y I T,'i x L I LL P -.E - EL E e Y k Hf 14 r 1- LE a } o EL 11 1 E L- + - E EL I E L- - - EL II t - E E -LEE -...1FRrrt.I..T.k k Page 8 Page 336 E. Building Elevations d. 6/1/2021) IN I �� ;,' _- ,,. r' Via.: .. �� _• �,� CLIMATE '� a] SELF-STORAGE�- ONTROLLED 6RWE-UP SYORAG EAST ELEVATION: I I LOAD/UNLOAD I BUILDING _ _ ■.■■■■ •I _i 1 ■■■■■■ ■■■■■■ II•I ■■■■.■ ■u■■■ ; i ■■■■■■ - - ■■■■■■ i ■■■■■■ SOUTH ELEVATION:BUILDING A NORTH ELEVATION,BUILDING � ■■■■,■ 1�� bRIVE-UP ST8 ■,■,■, � WEST ELEVATION:BUILDING A •a .- 9 Item#23. OR6VE-UP STORAGE r` STORAGE IIII � Illllfl 1 .T— OUT@ ELEVATION:BUILDING S EAST ELEVATION:BUILDING B :;d«r zo• ter«-1• 2& 1]RIYE-UP — I IURTH ELEVATION-BUILDING 6 WEST ELEVATION:BUILDING B :ele:1•=za• eca�e:1-=eu• AIA7 AIRS youju R.M '51E PIA TAN' 'BONE WHITE' 'S+ERT;A TAN• CK''SPJJDSTDfJE' 'PAU ROW ATAS ATAS ztiNnsroNr � •Dlocrxnrr DRIVE-UP STORAGE - M SW 6767 7GlUWNJM' � - � I NE E GlIAN E' C GCLWTTE' .DING B ATAS VvOWTOM ATAS ATAS SW 6A51 '88MA TAT!' "HNER ROC7C 8ANDSTONE' .S�TGNE'� 'NURTURE GREEN' BEST RANEL CDKWYV FY ATAS I SW STSI 'REGAL OAK' 'GALVALWE' 'ACh1A1L-.1M' -- . DRn+E-UP STORAGE 77 I I I I El v IAVL IF] p i9l" Lam- Page 10 Page 338 Item#23. ATAS RIGID WALL II ATAS ISOLEREN ML MFN122 12'CORNICE DETAIL STUCCO EMBOSSED VERTICAL ATAS HORIZONTAL SANDSTONE GID WALL II RI SIERRA TAN MFN122 DRIVE-UP ._ HORIZONTAL STORAGE SIERRA TAN 5'HXWD ARCHFFECTURAL AWNING DETAIL WOODTONE Ili RUSTTCSERIES LAP Tl ' WHITE GRANITE JAMES HARDIE 8"EXPOSURE SOUTH ELEVATION:BUILDING B sc®ia:lns•-r BEST PANEL COMPANY WOODTONE ATAS REVOLUTION SERIES RUSTICSERIES LAP RIGID WALL II RIVER ROCK MFN120 -TUMBLED RIVER HARDIE HORIZONTAL ATAS REGAL OAK GALVALUME RIGID WALL it B"EXPOSURE MFN122 HORIZONTAL SIERRA TAN u�uu►� ATAS ISOLEREN ML DRIVE.-UP STUCCO EMBOSSED VERTICAL STORAGE SANDSTONE EAST ELEVATION;BUILDING B s�ia:1ne•=r Page 11 Page 339 Item#24. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Development Agreement (H-2021-0052 Bright Star Care Meridian) Between the City of Meridian and Brightstar Meridian Road, LLC for Property Located at 3336 and 3340 N. Meridian Rd. Page 340 ADA COUNTY RECORDER Phil McGrane 2022-033765 BOISE IDAHO Pgs=21 CHE FOWLER 04/06/2022 08:03 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. l3nightstar Meridian Road,LLC, Owner/Developer TIES DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 'V#�' dav of 2022, by and between City of Meridian, a municipal corporation of the to of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Brightstar Metidian Road, LLC whose address 500 E. Shore Dr.,Suite 120,Eagle, ID 83616,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"A7,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§67-651 IA 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 subj ect 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, Oivner/De vela per have submitted an application for a Modification of a Development Agreement to remove the property listed in Exhibit "X' from the existing Sundance Subdivision Development Agreements (nst, 4 102056126 and #106133465) and be bound by this new Agreement under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made-,and 1.5 WHEREAS, ON-mer/Developer made representations at the public hearings before 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 rezorning held before the City Council, includes responses of government subdivisions providing DEvELoPNiENrAGREENffi',qT—BRIG HT STARC.A-RE MERiDiAN(H-2021-0052) PAGE 1 OF 7 services within the City of Meridian planning jurisdiction,and includes further testimony and comment; and 1.7 WHEREAS, on the 28"'day of September, 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`V; 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 subj ect to the terms of the existing Development Agreements (Inst. # 102056126 and 106133465) 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. DEVELoPhiE,N r AGREEMENT-BRIGHT ST XR CARE MERIDIAN(H-2021-0052) PAGE 2 of 7 Page 342 Item#24. 3.2 OWNER/DEVELOPOER: means and refers to Brightstar Meridian Road,LLC, whose address is 500 E. Shore Dr., Suite 120, Eagle, ID 83616 hereinafter called OWNER/DEVELOPER, the parry that owns and is developing said Property and shall include any subsequent owner(s) and/or developer(s) of the 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 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. The Property is approved to develop with anursing and residential care facility. The applicant shall substantially comply with the site plan, landscape plan and building elevations approved with conditional use permit(H-2021-0040). b. The applicant shall be allowed to construct a 10-foot wide landscape buffer along the northern boundary of the site as shown in Exhibit B of the Staff Report attached to the Findings of Fact and Conclusions of Law, attached hereto. 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 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 DEVELOPMENT AGREEMENT—BRIGHT STAR CARE MERIDIAN(H-2021-0052) PAGE 3 of 7 Page 343 Item#24. 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 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. DEvELoPxIENT AGREE'_ FNT—BRIGHT STAR CARE MERIDIAN(H-2021-0052) PAGE 4 of 7 Page 344 Item#24. 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. Meridian, 33 E. Broadway Avenue Idaho 83642 Meridian,Idaho 83642 OWNER/DEVELOPER: Brightstar Meridian Rd,LLC 500 E. Shore Dr., Suite 120 Eagle, ID 83616 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 parries hereto acknowledge and agree that time is strictly of the essence Nvith respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. DEVELOPMENT AGREEMENT—BRIGHT STAR CARE MERIDIAN(H-2021-0052) PAGE 5 OF 7 Page 345 Item#24. 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 ofternimation 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 hearings) 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—BRIGHT STAR CARE MERIDIAN(H-2021-0052) PAGE b of 7 Page 346 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Brightstar Meridian Road,LLC f B IUD C Its:Cj"%� e to-6� 4U-1- CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 4-5-2022 Chris Johnson, City Clerk 4-5-2022 STATE OF IDAHO } ss: County-of Ada ) On this�d of � 2022,before me,the undersigned,a Notary Public in and for said State, personally appeared Vi 0 !if known or identified to me to be the 00 1 Brightstar Meridian Road,LLC and the person who signed above and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF,I� Ao �in�to set my hand and affixed my official seal the day and year in this certificate first above written.��p�`' A. �'8�•!•� 4Z`'�y +10: Notary Public for G I Ry ",��? Residing at: �O (j p My Commission Expires: STATE OF IDAHO ) _ PuRoc, r xv County of Ada } 1' h•i••• Q+•r On this 5th day of ApriN'0151600,2022,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_ qr Ili Residing at: Ivierictio an, Idaho Commission expires: 3-28-2022 DEvELOPMENT AGREEMENT-BRIGHT STAR CARE MERIDIAN(H-2021-0052) PAGE 7 of 7 Item#24. T•O ENGINEERS Project No: 05161 Date:February 3,2010 Page: I of I EXHIBIT"A" Parcel A—Description A parcel of land being a portion of Lot 47,Block 7 of SUNDANCE SUBDIVISION No. 5,filed in Book 98 of Plats at Pages 12523-12526, in the Office of the Ada County Recorder,located in the SW 1/a of Section 31, Township 4 North,Range I East,Boise Meridian,City of Meridian,Ada County,Idaho, and as shown on Record of Survey No. 8756, filed as Instrument No.110034523,being more particularly described as follows: BEGINNING at the northwesterly corner of Lot 47, Block 7 of said subdivision; thence,along the northerly line of said Lot 47, I. S.89008'33"E., 101.48 feet; thence,leaving said northerly line, 2. S.00051'50"W., 88.09 feet to the southerly line of said Lot 47; thence,along said southerly line, 3. N.89°08'10"W., 101.48 feet to the southwesterly corner of said Lot 47;thence,along the westerly line of said Lot 47, 4. N.00°5I'50"E., 88.08 feet to the POINT OF BEGINNING. CONTAINING: 0.205 Acres,more or less. SUBJECT TO: All Covenants,Rights,Rights-of Way and Easements of Record. �kD tQ,1STEga� `. 3 �r 050' .0 K\0516AWNies1SURVEYIPBA PARCEL DESCRIPT[ONSIPARCEL A.doc 9777 Chinden Boulevard Boise.ID 83714 Phone(208)323-2288 Fax(2081 323-2399 info@to-engineers.com to-engineers.com Aviation I Transportation I Land Development I Landscape Architecture I Municipal I Water Resources I Surveying Bright Star Care Meridian - H-2021-0052 Page 348 Item#24. T•© ENGINEERS Project No: 05161 Date: February 3,2010 Page: I of I EXHIBIT"A" Parcel B—Description A parcel of land being a portion of Lots 46 and 47, Block 7 of SUNDANCE SUBDIVISION No. 5, filed in Book 98 of Plats at Pages 12523-12526,in the Office of the Ada County Recorder,located in the SW '/of Section 31, Township 4 North, Range I East,Boise Meridian, City of Meridian,Ada County, Idaho,and as shown on Record of Survey No. 8756, filed as Instrument No.110034523,being more particularly described as follows: COMMENCING at the northwesterly corner of Lot 47,Block 7 of said subdivision;thence,along the northerly line of said Lot 47, A) S.89°08'33"E., 101.48 feet to the POINT OF BEGINNING;thence, continuing along said northerly line, 1. S.89008'33"E., 60.00 feet;thence,leaving said northerly line, 2. S.00051'50"W., 177.90 feet to the southerly line of said Lot 46; thence,along said southerly line, 3. N.90000'00"W., 49.44 feet to the southwesterly corner of said Lot 46;thence, along the westerly line of said Lot 46, 4. N.00051'50"E.,90.55 feet to the southeasterly corner of said Lot 47;thence, along the southerly line of said Lot 47, 5. N.89°08'10"W., 10.56 feet;thence,the southerly line of said Lot 47, 6. N.00051'50"E., 88.09 feet to the POINT OF BEGINNING. CONTAINING: 0.224 Acres, more or less. SUBJECT TO: All Covenants, Rights, Rights-of Way and Easements of Record. TT 7 316 H:10516IkWPtilc0SURVEYIPBA PARCEL DESCRIPTIONSIPARCEL B.doe of H.Mel► 9777 Chinden Boulevard Boise,ID 83714 Phone(208)323-2288 Fax(208)323.2399 info@to-engineers cam to-engineers.eom Aviation I Transportation I Land Development I Landscape Architecture f Municipal I Water Resources I Surveying Page 349 Bright Star Care Meridian - H-2021-0052 Item#24. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EN DIAN:-~' AND DECISION&ORDER In the Matter of the Request for Modification to the existing Sundance Subdivision Development Agreement and Addendum(Instrument Ws 102056126 and 106133465)to remove the subject property(Parcel A& B,ROS 8756 which is a portion of Lot 46& all of Lot 47 of Block 7, Sundance Subdivision No.5)for the purpose of entering a new agreement to allow a reduction to the existing 20-foot residential landscape buffer to construct 5,800 sq.ft. nursing and residential care facility consistent with the approved conditional use permit(H-2021-0040),by Hatch Design Architecture. Case No(s). MDA H-2021-0052 For the City Council Hearing Date of: September 14,2021 (Findings on October 5,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of September 14, 2021, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 14,2021, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of September 14, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of September 14,2021, 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BRIGHT STAR CARE MERIDIAN-MDA H-2021-0052 - I Page 350 Item#24. 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 September 14,2021,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 Development Agreement Modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of September 14,2021, 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 September 14,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BRIGHT STAR CARE MERIDIAN-MDA H-2021-0052 -2 Page 351 By action of the City Council at its regular meeting held on the 28th day of September 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 9-28-2022 Attest: Chris Johnson 9-28-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 9-28-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BRIGHT STAR CARE MERIDIAN-MDA H-2021-0052 -3- .rem#24. EX H I BIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT 3 H HEARING 09/14/2021 Legend �. DATE: lei V P"°' *Lc TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner w ---- 208-489-0573 SUBJECT: H-2021-0052 Bright Star Care Meridian MDA —Yf_USTICK_RD E_USTIO(-R LOCATION: The site is located at 3336&3340 N. Meridian Rd, in the SW '/a of Section 31, Township 4N, Range IE. I. PROJECT DESCRIPTION Modification to the existing Sundance Subdivision Development Agreement and Addendum (Instrument Ws 102056126 and 106133465)to remove the subject property for the purpose of entering into a new agreement to allow a reduction to the required 20-foot residential landscape buffer to construct a 5,800 sq. ft. nursing and residential care facility consistent with approved conditional use permit(H-2021-0040),by Hatch Design Architecture. II. SUMMARY OF REPORT A. Applicant/Representative: Jeff Hatch,Hatch Design Architecture-200 W. 36th St.,Boise, ID, 83714 B. Owner: Settler's Crossing LOC—7761 W. Riverside Dr, Ste 100,Boise, ID, 83714 III. STAFF ANALYSIS The subject property is presently two vacant lots comprising 0.43 acres and is within the Settlers Business Park(Sundance Subdivision No. 5). The subject property is within the Sundance Subdivision Development Agreement, originally recorded in 2002 and modified in 2006. On July 15, 2021,the Planning Commission approved a conditional use on the subject property to allow a 5,800 sq. ft.nursing and residential care facility. The landscape plan of this facility reflected a 10' wide buffer adjacent to the residential properties to the north. However, a requirement of the Sundance Subdivision Development Agreement is that due to the single family uses abutting the boundary of the subject property, a minimum 20-foot planting strip is required along the northern property line. Because this is a requirement of the DA, it can only be reduced through action of the Council. Consequently,the Planning Commission approved the conditional use with the condition Page 1 Page 353 ►tem#24. EX H I BIT A that the applicant either meet the 20' residential landscape buffer requirement, or request a development agreement modification through the City Council prior to submitting a certificate of zoning compliance application. As the Sundance Subdivision Development Agreement contains several hundred residential properties as well as all the commercial properties within the Settler's Business Park, staff recommended the applicant remove the subject properties from the existing development agreement and enter into a new development specifically for the subject property. The applicant states that per the Settlers Business Park Property Owners Association,the original intent of this buffer requirement was to mitigate the impact of commercial properties on the adjacent residential.According to the applicant,this development is a residential type use,so the requirement was not meant to apply in this situation. The applicant added that fencing is provided between the subject property and the properties to the north, and trees are provided in the proposed buffer at approximately 12.5' spacing,which is almost three times the density required by 11-313-9 (requiring 35' spacing). The applicant submitted a letter of no objection from the Settlers Business Park Property Owners Association and held a neighborhood meeting on August 17, 2021 of which there were no comments. Because there are no objections,the applicant is providing fencing and nearly three times as much density in the landscaping, and because of the low impacts to adjacent residential associated with a nursing and residential care facility, staff does not object to the reduction in the buffer width. Staff has reviewed the requirements of the original DA and the DA addendum. As the subject property is located internally within the Settler's Business Park and all parking, infrastructure and public improvements for the Sundance Subdivision and Settles' Business Park have already been constructed,the only pertinent requirements of the existing DA are regarding the allowed uses and the landscape buffer. IV. DECISION A. Staff: Staff recommends the City Council approve removing the subject property from the Sundance Subdivision Agreement and Addendum(Instrument#'s 102056126 and 106133465) and establishing a new development agreement.: 1. The property is approved to develop with a nursing and residential care facility). The applicant shall substantially comply with the site plan,landscape plan and building elevations approved with conditional use permit(H-2021-0040). 2. The applicant shall be allowed to construct a 10-foot wide landscape buffer along the northern boundary of the site as shown in Exhibit B. B. The Meridian City Council heard these items on September 14,2021. At the public hearing the Council moved to approve the subject development agreement modification request. 1. Summary of the City Council public hearing: a. In favor: Jeff Hatch,Hatch Design Architecture b. In opposition:None C. Commenting: None d. Written testimony: None e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None Page 2 Page 354 item#24. EXHIBIT A 3. Key issue(s)of discussion by City Council: a. None Page 3 Page 355 item#24. EX H I BIT A V. EXHIBITS A. Legal Description EXHIBIT"A" Parcel A—Description A parcel of land being a portion of Lot 47,Block 7 of SUNDANC E SUBDIVISION No. 5, filed in Book 98 of Plats at Pages 12523-12526,in the Office of the Ada County recorder, located in the SW 'la of Section 11,Township 4 North, Range 1 East, Boise Meridian,City of lvlcridian, Ada County, Idaho, and as shown on Record ot'Survoy No, 8756, filed as Instrumcnt No_l 10014523, being more particularly described as follows. BEGINNING at the northwesterly comer of I.ot 47, Black 7 cif said subdivision; thence, along the northerly line of said Lot 47, I. 5.89°08'33"E., 101.49 feet, thence,leaving said northerly line, 2. S,000'51'54"W., 89.09 feet to the southerly line of said I.ot 47; thence, along said southerly line, 3, N,89.08'10"W., 101.48 feet to the southwesterly corner of said Lot 47; thenc:e,.along the westerly line of said Lot 47, 4. MOO 05I'St}"F,., 88.08 feet to the POINT OF BEGINNING, CONTAINING: 0.205 Acres,more or less. SUBJECT TO: All Covenants, Fights, Rights-of Way and Easements of Record. STE LAlyf# 050 0 IL Page 4 Page 356 item#24. EX H I BIT A EXHI IT"A" Parcel B—Description A parcel of land being a portion of Lots 46 and 47,Block 7 of SUNDANCE SUBDIVISION No. 5, filed in Book 98 of flats at Pages 12523-12526, in the Office of the Ada County Recorder,located in the SW o/4 of Section 31,Township 4 North,Range 1 East,Boise Meridian,City of Meridian,Ada County, Idaho, and as shown on Record of Survey No. 8756,filed as Instrument No.110034523,being more particularly described as follows: COMMENCING at the northwesterly corner of Lot 47,Block 7 of said subdivision;thence,along the northerly line of said Lot 47, A) 5.89°08'33"E., 101.48 feet to the POINT OF BEGINNING;thence,continuing along said northerly line, 1. 5.89°08'33"E.,60.00 feet;thence,leaving said northerly line, 2, 5.00°51'51Y"W., 177.90 feet to the southerly line of said Lot 46;thence,along said southerly line, 3. N.90a00'00"W.,49.44 feet to the southwesterly corner of said Lot 46;thence,along the westerly line of said Lot 46, 4. N.00`51'50"E.,90.55 feet to the southeasterly corner of said Lot 47;thence,along the southerly line of said Lot 47, 5. N.89008'10"W., 10.56 feet;thence,the southerly line of said.Lot 47, 6. N.00051'50"E.,88.09 feet to the POINT OF BEGINNING. CONTAINING:0.224 Acres,more or less. SUBJECT TO. All Covenants,Rights,Rights-of Way and Easements of Record. 4i FE 7316 I %0516AWPfik0URVEY1PBA PARCEL DESCRIPTIONS`1'ARCEL 8.doc 1/ 4/15f to O I OF X"D Page 5 Page 357 item#24. EX H I BIT A B. Site Plan(approved by Planning Commission on July 15,2021) GENERAL NOTES SITE RECAP I ����— t4dr �--��_.t� ��— _.L—. '`� �u+ar¢w; —__, ■ rxim.rm srasr rl¢�ur..mairc. ¢a runwc mx�nwar �.��;![m I � �.ar-r I I b d�ryy' wn.nc wr u euxaei rcaul - F y � _It— EXISTING APPLICANT - CARE fAEluTY5,&3?SFK E Y N,0 T E S PAPY,[W-WT T mi k a,timr�Au:o-wmo,nonrx: W - -------- -w rxx. < c ixmrorwr..•n.~ * — --- s :,rmnrmrxr.w.arr�.uuawa L I� i I '� �.�TICOtr 106IIIF Ii _ .. runasu■ �x■r�so •.Y II iS>• � q I S:IYIlAi.5 .,I iiG'A6A]ry id... I �� � - � — ■IL.I1l pAALN.. `� � I ioire:�n - U q I I - $1lT7.Olfw� �[s'elu¢r I Eyt3-MG `-.I JNG '� I I ?ARMING LOT � I I APPROVAL STAMP . .. . PmpahG MT EX[Sl'lfAC ...II SITE REFERENCE PLA, I :,.o■�r _ -,1.c Page 6 Page 358 ►tem#24. EX H I BIT A C. Landscape Plan of approved Brightstar Meridian Conditional Use 3. ALL TREES THAT ARE DAMAGED.DESfRO1 THE MITlCroAT0N STANDARDS PER-ME Cff 4. SEE TREE A9 MATION NOTES FOR ADDffIL Aidjacent Single Family BEGIN END ' Esa.,o. CR ! C6 s xawFwG-a-y Area of Buffer reduction \ {h IENDL - 7 I JH 777 5F1ryokMtti &. - Suep14'151va au; CA BT EXISTING 5�V .crscF a.in a BUILDING �� EXISTING HM PARKING LOT !Ik q CA N SJ - F-i SEl IV+ 1 3e, lPy e nn�oaca^w�Fz.w F _ i - 4 BEGIN LS SJ CA � fi END t — — �END 6 � B 6EGIN mNnrG:L-n �� I \ II EXISTING 91 BUILDING EXISTING a u EXISTING � PARKING LOT . PARKING LOT, , el I 1 I I I _ _ .,`\ I EXISTING "I"'. Page 7 Page 359 item#24. EX H I BIT A D. Approved Elevations of Brightstar Meridian Facility HATCH DE5iot4 ARCHITECTURE L 1 Front (west) elevation v; F ------------------------------------- - - NOPTA ELEVATION Rear (north) elevation facing residential (fence and landscaping will be in front of this elevation. Page 8 Page 360 item#24. EX H I BIT A E. Existing DA language permitted. & Provide five-foot-wide sidewaW in accordance wi&4 Cite 1 Ordinance Section 12-5-2..K. . All conaruction ,skull conform to the requirements of the Armricans with Disabilities Act, 10. Meridian City Ordinance 12-6 sets forth the requirenten -,; For Manned Dveelopments. Any conditions attached to a.Final, Development Flan for Planned Development projects run;%nth the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 1.1.. That any proposed uses other than an ciffice use can Lots 45, 47. 49 and 5D, Block 7 shall require a CUP. The office uses are allowed under the Planned Development process and would not require a CUP if constructcd in accordance with an approved UP site plan and plat. 12. Due to the single-family uses abutting the b dares of Lots 45, 47 and 49, Block 7 (proposed as future office use), a minimum 20-foot planting ship, in accorda.rnce with City Ordinance 1 - - 7A, is required along the property lines of these three lots, 13, Eedlcate 48-Feet of right-of-wary from the pEnterline of Ustick Road abu t r i ng Lh e parcel by.mew of recordation of a final subdh ision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits),whichever occurs Hirst. 14, Dedicate 48-feet of right-of-way From the centerline of Meridian Road abutting the parcel by means of recordation of a final subdivision plat or execution of a wazranty deed prior to issuance of a boalding.permit (or ether required permits),whichever occurs first. 15, Construct the main entrance off Ustick Road, located appro tely 900-Feet east of the,rest property line, as proposed. Construct the amain entrance with one inbound )EVELOPMENT AGREEMENT(AZ-0[-412) 6 rage v Page 361 Item#25. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Artist Acceptance Agreements for Display of Artwork in Initial Point Gallery in 2022 Page 362 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY,MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 5th day of April 20 22 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Cara Hinkson("Organizer"), on behalf of the West Ada School District ("District"). (City and Organizer may hereinafter be collectively referred to as "Parties.") WHEREAS,the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission has invited District to display artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS,the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Organizer shall deliver artwork to Initial Point Gallery, on May 6, 2022, at such time as is specified by the Gallery Curator. Organizer shall be responsible for installing such artwork on May 6, 2022 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from May 6, 2022 through June 2, 2022, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on June 2, 2022, at such time as is specified by the Gallery Curator. Organizer acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. II. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Organization shall coordinate any and all such activity with the Gallery Curator. Organization shall be responsible for contacting the Gallery Curator at least thirty(30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation, removal,publicity, and promotion of the exhibit. Organization's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Organization for display in Initial Point Gallery ACCEPTANCE AGREEMENT-INITIAL POINT GALLERY DISPLAY PAGE I to ensure compliance with all criteria set forth in the most recent Call to Organizations issued for Initial Point Gallery, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery,the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. III.DISPLAY. A. Original artwork. Organizer warrants that any and all artwork provided by Organizer for display in Initial Point Gallery shall be, and is, original work conceived and created by students of District, as written and signed by students. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information,permission for photography is signed by parents/guardians and those permission forms will be provide to the City prior to display of the art. C. Use of District's name. District hereby conveys to City permission to use District's name and/or logo for purposes of advertising, marketing, and public information,without violation of District's rights of privacy or any other rights District may possess under this Agreement. D. Use of City's name. City hereby conveys to District permission to use City's name for purposes of advertising, marketing, and public information,provided that neither Organizer nor its members shall use City's logo for any purpose without the express,written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight(48) hours, City shall notify Organizer in the manner set forth herein. While it is intended that District's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason without notice. F. Removal of artwork by District. Organizer shall coordinate with the Gallery Curator the removal,replacement, and/or substitution of any and all artwork prior to such activity,whether such activity is necessary due to the sale of a piece or for any other reason. IV.INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. On or about January 27, 2015, City and District entered into a"Hold Harmless and Indemnity Agreement"; such agreement is incorporated herein by reference as though set forth fully herein. ACCEPTANCE AGREEMENT-INITIAL POINT GALLERY DISPLAY PAGE 2 Item#25. B. Waiver. Organizer and District shall, and hereby do, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Organizer's or District's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. Parents/guardians also waive any and all claims and recourse against City, per the individual forms signed and submitted. C. Insurance is District's responsibility. City shall not provide insurance to cover loss,theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by District or its members in the furtherance of the respective rights or obligations described herein. Insurance of the artwork; of the District's or its members' persons,property, or interests; and/or of the District's or its members' employees or agents shall be the sole responsibility of District. District or its members shall obtain all necessary insurance as may be required in order to protect those parties' insurable interests for their rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. District shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for,transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. Parents/guardians also waive any and all claims about damage or loss of art in the individual forms submitted against the District. D. Permission is District's responsibility. District shall be responsible for obtaining written permission from the parent or guardian of each student artist whose work is displayed in Initial Point Gallery,to include acknowledgments that: 1. The City of Meridian will not assume liability for or provide insurance to cover any loss, theft, or damage of the artwork. 2. By allowing the child's participation,the parents bear all risks, some of which are unknown, and release and indemnify the City from all related claims for damages. 3. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The City seeks to encourage artistic expression and public dialogue,but must also ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, artwork will be displayed which: is appropriate in subject and content for a functioning government workplace, is consistent with City policy and community values, contributes to the aesthetic and cultural atmosphere of Meridian City Hall, and is not disruptive or likely to offend the general public. V. TERMINATION. A. Termination for cause. If City determines that Organizer,District, or any of its members have failed to comply with or are in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The ACCEPTANCE AGREEMENT—ImTIAL POINT GALLERY DISPLAY PAGE 3 Page 365 Item#25. defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Organizer. C. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VI.GENERAL PROVISIONS. A. Compliance with law. Throughout the course of this Agreement, Organizer, District, and District's members shall comply with any and all applicable federal, state, and local laws. B. Non-discrimination. In fulfilling or exercising any right or obligation under this Agreement, neither Organizer nor District shall discriminate against any person as to race, creed, religion, sex, age,national origin, sexual orientation or any physical,mental, or sensory disability. C. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of either parry, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. D. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. E. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable,the remainder of this Agreement shall not be affected. G. Successors and assigns. District shall not subcontract or assign any of District's obligations under this Agreement that require or that may require their artistic talent or expertise. District may subcontract or assign obligations that do not require artistic talent or expertise. All of the terms,provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives,heirs, executors, and administrators. H. Notice.Any and all notice required to be provided by the Parties hereto,unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 4 Page 366 Item#25. West Ada School District: C Cara Hinkson Initial Point Gallery Curator WASD Fine Arts Coordinator 33 E. Broadway Avenue 1303 E Central Drive Meridian ID 83642 Meridian ID 83642 Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. I. Warranty of authority. Organizer expressly warrants that, to the extent set forth herein, Organizer is duly authorized to act as the representative and agent of District. Organizer further warrants that Organizer is authorized to bind District and its members and principals to the obligations set forth herein, and to accept the liabilities as established herein on behalf of District and its members and principals. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date written above. GANI ER: ara H' son West A a Sc istrict CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor 4-5-2022 Chris Johnson, City Clerk 4-5-2022 ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 5 Page 367 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 5th day of April , 20 22 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Josh Udesen, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS,the City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission("Commission")recommends to the Meridian City Council that Artist's artwork be displayed in Initial Point Gallery; WHEREAS,the Meridian City Council accepts such recommendation and directs the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS,the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on July 1, 2022, at such time as is specified by the Gallery Curator. Artist shall be responsible for installing such artwork on July 1, 2022, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from July 1, 2022 through August 5, 2022, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on August 5, 2022, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery ACCEPTANCE AGREEMENT-INITIAL POINT GALLERY DISPLAY PAGE I Item#25. Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent(20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four(24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator at least thirty(30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation, removal,publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists issued for Initial Point Gallery, and the Application and Acknowledgements Form completed by Artist, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 2 page 369 Item#25. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight(48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI.INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 3 page 370 Item#25. conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person,property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 4 page 371 Item#25. employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice.Any and all notice required to be provided by the Parties hereto,unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed, if to the Artist, to the address written below, and if to the City, to: 33 E. Broadway Avenue, Meridian, Idaho, 83642. Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 5 page 372 Item#25. Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: Josh Udesen Address: Phone: E-mail: CITY OF MERIDIAN: BY: Robert E. Simison, Mayor 4-5-2022 Attest: Chris Johnson, City Clerk 4-5-2022 ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 6 page 373 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 5th day of April 20 22 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Connie Wood, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS,the City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission("Commission")recommends to the Meridian City Council that Artist's artwork be displayed in Initial Point Gallery; WHEREAS,the Meridian City Council accepts such recommendation and directs the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS,the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on August 5, 2022, at such time as is specified by the Gallery Curator. Artist shall be responsible for installing such artwork on August 5, 2022, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from August 5, 2022 through September 2, 2022, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on September 2, 2022, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE I page 374 Item#25. Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent(20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four(24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator at least thirty(30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation, removal,publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists issued for Initial Point Gallery, and the Application and Acknowledgements Form completed by Artist, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 2 page 375 Item#25. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight(48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI.INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 3 page 376 Item#25. conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person,property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 4 page 377 Item#25. employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice.Any and all notice required to be provided by the Parties hereto,unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed, if to the Artist, to the address written below, and if to the City, to: 33 E. Broadway Avenue, Meridian, Idaho, 83642. Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 5 page 378 Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: Connie Wood Address: Phone: E-mail: 2 ZI CITY OF MERIDIAN: BY: Robert E. Simison, Mayor 4-5-2022 Attest: Chris Johnson,City Clerk 4-5-2022 ACCEPTANCE AGREEMENT—INITIAL,POINT GALLERY DISPLAY P'\(' Page 379 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 5th day of April , 20 22 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Jerry Hendershot, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS,the City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission("Commission")recommends to the Meridian City Council that Artist's artwork be displayed in Initial Point Gallery; WHEREAS,the Meridian City Council accepts such recommendation and directs the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS,the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on August 5, 2022, at such time as is specified by the Gallery Curator. Artist shall be responsible for installing such artwork on August 5, 2022, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from August 5, 2022 through September 2, 2022, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on September 2, 2022, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery ACCEPTANCE AGREEMENT-INITIAL POINT GALLERY DISPLAY PAGE I Item#25. Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent(20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four(24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator at least thirty(30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation, removal,publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists issued for Initial Point Gallery, and the Application and Acknowledgements Form completed by Artist, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 2 page 381 Item#25. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight(48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI.INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 3 page 382 Item#25. conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person,property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 4 page 383 Item#25. employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice.Any and all notice required to be provided by the Parties hereto,unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed, if to the Artist, to the address written below, and if to the City, to: 33 E. Broadway Avenue, Meridian, Idaho, 83642. Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 5 page 384 Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: c7TII'm Jerry Hende hot Address: Phone: E-mail: CITY OF MERIDIAN: BY: Robert E. Simison, Mayor 4-5-2022 Attest: Chris Johnson, City Clerk 4-5-2022 ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 6 Page 385 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 5th day of April 20 22 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Monte Stiles, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS,the City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission("Commission")recommends to the Meridian City Council that Artist's artwork be displayed in Initial Point Gallery; WHEREAS,the Meridian City Council accepts such recommendation and directs the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS,the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on August 5, 2022, at such time as is specified by the Gallery Curator. Artist shall be responsible for installing such artwork on August 5, 2022, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from August 5, 2022 through September 2, 2022, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on September 2, 2022, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery ACCEPTANCE AGREEMENT-INITIAL POINT GALLERY DISPLAY PAGE I Item#25. Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent(20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four(24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator at least thirty(30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation, removal,publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists issued for Initial Point Gallery, and the Application and Acknowledgements Form completed by Artist, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 2 page 387 Item#25. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight(48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI.INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 3 page 388 Item#25. conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person,property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 4 Page 389 Item#25. employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice.Any and all notice required to be provided by the Parties hereto,unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed, if to the Artist, to the address written below, and if to the City, to: 33 E. Broadway Avenue, Meridian, Idaho, 83642. Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 5 page 390 Item#25. Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: Monte Stiles Address: 3671 S. Daisy Way Boise, Idaho 83709 Phone: 208-841-6682 E-mail: monte@montestiles.com CITY OF MERIDIAN: BY: Robert E. Simison, Mayor 4-5-2022 Attest: Chris Johnson, City Clerk 4-5-2022 ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 6 page 391 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 5th day of April 20 22 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Melissa Reche, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS,the City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission("Commission")recommends to the Meridian City Council that Artist's artwork be displayed in Initial Point Gallery; WHEREAS,the Meridian City Council accepts such recommendation and directs the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS,the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on October 7, 2022, at such time as is specified by the Gallery Curator. Artist shall be responsible for installing such artwork on October 7, 2022, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from October 7, 2022 through November 4, 2022, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on November 4, 2022, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery ACCEPTANCE AGREEMENT-INITIAL POINT GALLERY DISPLAY PAGE I Item#25. Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent(20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four(24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator at least thirty(30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation, removal,publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists issued for Initial Point Gallery, and the Application and Acknowledgements Form completed by Artist, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 2 page 393 Item#25. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight(48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI.INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 3 page 394 Item#25. conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person,property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 4 page 395 Item#25. employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice.Any and all notice required to be provided by the Parties hereto,unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed, if to the Artist, to the address written below, and if to the City, to: 33 E. Broadway Avenue, Meridian, Idaho, 83642. Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 5 page 396 Item#25. Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: Melissa Reche Address: Phone: E-mail: CITY OF MERIDIAN: BY: Robert E. Simison, Mayor 4-5-2022 Attest: Chris Johnson, City Clerk 4-5-2022 ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 6 page 397 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY,MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 5th day of April 20 22 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Kevin Flynn and Amber Day, doing business as Flynn Day Pottery, an assumed business name established pursuant to the laws of the state of Idaho ("Organization"). (City and Organization may hereinafter be collectively referred to as "Parties.") WHEREAS,the City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission ("Commission")recommends to the Meridian City Council that Artist's artwork be displayed in Initial Point Gallery; WHEREAS,the Meridian City Council accepts such recommendation and directs the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS,the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on November 4, 2022, at such time as is specified by the Gallery Curator. Artist shall be responsible for installing such artwork on November 4, 2022, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from November 4, 2022 through Deember 2, 2022, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on December 2, 2022, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 1 page 398 Item#25. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent(20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four(24)hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator at least thirty(30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation, removal,publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists issued for Initial Point Gallery, and the Application and Acknowledgements Form completed by Artist, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 2 page 399 Item#25. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof,provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement,provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight(48)hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI.INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 3 page 400 Item#25. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person,property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including,but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 4 page 401 Item#25. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 5 page 402 Item#25. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed, if to the Artist, to the address written below, and if to the City, to: 33 E. Broadway Avenue, Meridian, Idaho, 83642. Either parry may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date written above. ORGANIZATION: Flynn Day Pottery Kevin Flynn, Owner Address: J1. Phone: G7 -5 1 '� 2-e E-mail: - ! -7 C J �.�, ' a-'l CITY OF MERIDIAN: BY: Robert E. Simison, Mayor 4-5-2022 Attest: Chris Johnson, City Clerk 4-5-2022 ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 6 page 403 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY,MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 5th day of April 20 22 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Julie Clemons, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS,the City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission ("Commission") recommends to the Meridian City Council that Artist's artwork be displayed in Initial Point Gallery; WHEREAS,the Meridian City Council accepts such recommendation and directs the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS,the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on November 4, 2022, at such time as is specified by the Gallery Curator. Artist shall be responsible for installing such artwork on November 4, 2022, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from November 4, 2022 through Deember 2, 2022, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on December 2, 2022, at such time as is specified by the Gallery Curator. 11. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery ACCEPTANCE AGREEMENT-INITIAL POINT GALLERY DISPLAY PAGE 1 Item#25. Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent(20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty- four(24)hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III.TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator at least thirty(30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation, removal,publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists issued for Initial Point Gallery, and the Application and Acknowledgements Form completed by Artist, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 2 page 405 Item#25. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement,provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement,provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight(48)hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI.INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 3 page 406 Item#25. conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person,property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including,but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 4 page 407 Item#25. employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice.Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed, if to the Artist, to the address written below, and if to the City, to: 33 E. Broadway Avenue, Meridian, Idaho, 83642. Either parry may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 5 page 408 Item#25. Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: gz4&_ CA4W'e-�� Ju a Clemons Address: 4012 W. Nez Perce St. Boise, ID 83705 Phone: 208 859-6733 E-mail: julie@julieclemons.com CITY OF MERIDIAN: BY: Robert E. Simison, Mayor - - 2022 Attest: Chris Johnson, City Clerk 4-5-2022 ACCEPTANCE AGREEMENT—INITIAL POINT GALLERY DISPLAY PAGE 6 page 409 Item#26. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: License and Indemnity Agreement Between City of Meridian and Coastline Equipment for 2022 Public Works Week Mini Heavy Equipment Rodeo Page 410 Item#26. 014E Nty TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Susie Deardorff, Public Works Meeting Date: April 5, 2022 Presenter: Consent Estimated Time: 0 Topic: MINI HEAVY EQUIPMENT RODEO AGREEMENT WITH COASTLINE FOR PUBLIC WORKS WEEK EXPO 2022 Recommended Council Action: A. Move to: 1. Approve the License and Indemnity Agreement with Coastline for the Mini Heavy Equipment Rodeo 2. Authorize the Mayor to sign the agreement. Background: DEPARTMENT CONTACT PERSONS Susie Deardorff, PWW Chair 489-0361 Tyson Glock, PWW Expo Sub-Chair 489-0338 Gina Harris, PWW Expo Committee Member 985-1250 DESCRIPTION A. Back rg ound For the past six years of Public Works Week, the Mini Heavy Equipment Rodeo has been a focal point of the Public Works Week Expo. This year, we are working primarily with Coastline to keep the tradition alive by having a Mini Heavy Equipment Rodeo at the Expo. IMPACT A. Strategic Impact: The City Hall east parking lot will be closed for the Expo and the mini heavy equipment rodeo. The rodeo will take place in the center of the parking lot, and will be roped off using traffic cones and caution tape. The equipment will be live and operational, so it can be quickly moved, if necessary. Page 411 Page I of 2 item#2s. B. Fiscal Impact: License and Indemnity Agreement $0.00 ALTERNATIVES A. The City could choose not to sign the License and Indemnity Agreement with Coastline; this will prevent the Mini Heavy Equipment Rodeo at City Hall. TIME CONSTRAINTS Council's approval will allow for the timely return of the signed license agreement to Coastline. This will allow Coastline to prepare properly for the Mini Heavy Equipment Rodeo. LIST OF ATTACHMENTS A. License and Indemnity Agreement (Rodeo) Approved for Council Agenda: Date Page 412 Page 2 of 2 LICENSE AND INDEMNITY AGREEMENT WITH COASTLINE EQUIPMENT FOR 2022 PUBLIC WORKS WEEK MINI HEAVY EQUIPMENT RODEO This LICENSE AND INDEMNITY AGREEMENT WITH COASTLINE EQUIPMENT FOR 2022 PUBLIC WORKS WEEK MINI HEAVY EQUIPMENT RODEO is made this 5th day of April , 2022 ("Effective Date"), by and between Coastline Equipment whose address is 2000 E. Overland Road,Meridian, Idaho ("Licensee"), and the City of Meridian, Idaho, a municipal corporation organized under the laws of the State of Idaho ("City"), whose address is 33 E. Broadway Ave.,Meridian, Idaho. WHEREAS, City is hosting an event at the Meridian City Hall Plaza on June 8, 2022 to celebrate Public Works Week; and WHEREAS, as part of the Public Works Week celebration, Licensee is sponsoring a mini heavy equipment rodeo activity in the City Hall east parking lot(referred to herein as the "Property"); and WHEREAS,the City of Meridian is willing to allow Licensee a limited license to use Property for this purpose; NOW THEREFORE, in consideration of the recitals and mutual covenants, agreements, and inducements contained herein,the parties hereby agree as follows: I. SCOPE OF LICENSE GRANTED BY CITY A. Scope of use. Licensee's use and occupancy of the Property shall be limited to activities associated with the mini heavy equipment rodeo, specific activities include the following: Up to two mini excavators will be on site for the public to test their skills at operation of the equipment in a competition setting. The setup will include plastic swimming pools filled with water and a "fishing"competition with the bucket and arm of the excavator. The area of operation will be delineated with traffic candles and caution tape for public safety. B. Participant Waiver and Release Required.Licensee shall have each participant execute the "Release and Waiver of Liability Agreement" in form and content substantially similar to that set forth in Exhibit A hereto and incorporated herein. C. Term of license. The term of this Agreement shall be from 4 p.m. to 7 p.m. on June 8, 2022, along with sufficient time to set up and tear down immediately before and after this time period. II. I_NDEMNIFICATION, INSURANCE. A. Indemnification. In consideration of Licensee's fee-free access to and use of Property, Licensee shall, and hereby does, indemnify and save and hold harmless City from and for any and all losses; claims; actions;judgments for damages; injury to its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees, other persons, or property; and/or losses and expenses caused or incurred by Licensee and not caused by or arising out of the LICENSE AND IDEMNITYAGREEMENT Page 1 of 5 Item#26. tortious conduct of City of Meridian. Licensee acknowledges that accessing or using Property carries risks, some of which are unknown, and assumes these and any and all other known and unknown risks and hazards of such activity and any activity related thereto. Licensee forever waives and releases, on behalf of itself, its members, its agents, its employees, and their heirs, executors, administrators, assigns, and/or personal representatives, any and all claims and/or rights for damages Licensee and its members, agents, invitees,volunteers, contractors, officials, officers, guests, employees now has or may hereafter have against the City of Meridian and/or its employees, elected officials, agents, guests, and/or business invitees, suffered in connection with or arising out of Licensee's access to and use of City facilities and/or any activity related thereto and not caused by or arising out of the tortious conduct of the City of Meridian or its employees. B. No coverage provided.Licensee acknowledges that the City of Meridian shall not provide for Licensee or for its members, agents, invitees,volunteers, contractors, officials, officers, guests, employees, any insurance or coverage of any kind,whether financial, medical,property, or otherwise, for any accidents, injuries, deaths, illnesses, losses, or damages that result during or arise out of Licensee's actions or omissions hereunder and/or any activity related thereto. C..Licensee to maintain insurance. Licensee shall maintain, and specifically agrees that it will maintain,throughout the term of this Agreement, and upon each and every occasion on which Licensee uses the Property hereunder, liability insurance in which the City of Meridian shall be named additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City, and if City becomes liable for an amount in excess of the insurance limits herein provided,Licensee covenants and agrees to indemnify and save and hold harmless City from and for any and all such losses, claims, actions, or judgments for damages or liability to persons or property. Licensee shall provide the Clerk City with a Certificate of Insurance or other proof of insurance evidencing Licensee's compliance with the requirements of this paragraph. In the event the insurance minimums of the Idaho Tort Claims Act are changed, Licensee shall immediately submit proof of compliance with the changed limits. D. Waiver. Licensee and its members, agents, invitees,volunteers, contractors, officials, officers, guests, employees waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Licensee's use of City's Property, whether such loss or damage may be attributable to known or unknown conditions, except for liability caused by or arising out of the tortious conduct of the City of Meridian or its employees. E. As-is condition. The City makes no warranty or promise as to the condition, safety, usefulness, or habitability of the premises of the Property; Licensee accepts same as-is,both at the effective date of this agreement and at the time and for the purpose of each event and activity specified herein. F. Good faith. Licensee will utilize the Property in a manner that will best conserve the current condition of the Property. LICENSE AND IDEMNITYAGREEMENT Page 2 of 5 Page 414 Item#26. Ill. GENERAL PROVISIONS. A. Alterations, improvement to real property. Licensee shall not make, or permit to be made, alterations to or improvements to Property without first obtaining City's written consent. B. Relationship of Parties.Licensee and its members, agents, invitees, volunteers, contractors, officials, officers, guests, and employees are not independent contractors nor employees, agents, joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Licensee and City or any official, agent, or employee of City; or between any of Licensee's members, agents, invitees,volunteers, contractors, officials, officers, guests, employees, and the City or any official, agent, or employee of City. C. Termination. If,through any cause, Licensee fails to comply with the terms of this Agreement, violates any of the covenants, agreements, and/or stipulations of this Agreement, or of any other applicable law, ordinance, regulation, or policy, and/or engages in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement, City may immediately terminate this Agreement without the necessity of providing written notice to Licensee of such termination.Notice of for-cause termination shall be effective immediately upon verbal notification by City. D. No waiver. City's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition,nor shall such waiver operate to prejudice, waive, or affect any right or remedy City may have under this Agreement with respect to such subsequent default or breach by Licensee. E. 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 by United States Mail, certified, return receipt requested, addressed as follows: City: City of Meridian Public Works Department Attn: Gina Harris 33 E. Broadway Avenue Meridian, Idaho 83642 Licensee: Coastline Equipment 2000 E. Overland Road Boise, Idaho 83642 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. F. Compliance; no discrimination.In undertaking activities under or related to this Agreement, Licensee shall comply in all respects with all applicable laws, ordinances, regulations,policies, agreements, and requirements, and further shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. LICENSE AND IDEMNITYAGREEMENT Page 3 of 5 Page 415 Item#26. G. Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney and/or has received the opportunity to seek such advice. I. Applicable law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. 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. LICENSEE: Coastline Equipment a n Sever Branch Manager Idaho CITE' OF MERIDIAN: Robert E. Simison, Mayor 4-5-2022 Attest: Chris Johnson, City Clerk 4-5-2022 LICENSE AND IDEMNITYAGREEMENT Page 4 of 5 Page 416 Item#27. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Task Order 10567 to JUB Engineers, Inc. for Water and Sewer Replacement at E. Idaho Ave. from NE 3rd St. to 6th St. for the Not-to-Exceed Amount of$225,515.00 Page 417 Item#27. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Sandra Ramirez Meeting Date: 4/5/2022 Presenter: N/A Estimated Time: N/A Topic: Approval of Task Order 10567 -Water&Sewer Replacement Recommended Council Action: Approval of Task Order 10567 to JUB Engineers, Inc. for Water and Sewer Replacement at E Idaho Ave. from NE 3rd St.- 6th St. for the Not-to-Exceed amount of$225,515.00 and authorize the Procurement Manager to sign the Purchase Order for the Not-to-Exceed amount of$225,515.00. Background: The Task Order is in conjunction with the current Master Agreement dated October 1, 2019. Page 418 TASK ORDER NO. 10567 Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNER) AND JUB ENGINEERS, INC. (ENGINEER) This Task Order is made this 5th day of April 2022 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", and accepted by JUB ENGINEERS, INC., hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (category 2c) between the above- mentioned parties dated October 1, 2019. The Project Name for this Task Order is as follows: WATER AND SEWER REPLACEMENT — E IDAHO AVE. NE 3RD TO 6T" ST PROJECT UNDERSTANDING-SUMMARY The CITY plans to implement water and sewer improvements in East Idaho Avenue between Meridian Road and NE 6th Street. This project conforms to the CITY's overall objective of decommissioning existing alley sewers in the downtown area. Overall, this project will construct approximately 2,800 lineal feet of 8-inch collection sewer and 1,500 lineal feet of 8-inch water main. Potentially some 2,400 lineal feet of alleyway sewer could be abandoned. This project may potentially involve 66 sewer service reroutes to new or existing sewers. Overall project goals for the water and sewer improvements include the following and are generally identified on the Project Overview Map. • Preliminary Cost of Service Evaluation (Sewer): The initial phase of the project will evaluate costs and feasibility of turning services on building fronting E. Idaho Avenue between Meridian Road and NE 2nd Street in comparison with rehabilitating the existing alley sewer in-place. New sewer was constructed in E. Idaho Avenue between Meridian Road and Main Street to serve development on the south side of E. Idaho Avenue. This area is heavily urbanized and costs for rerouting services will likely be high. • E. Idaho Ave. between Meridian Rd. and Main St. (Sewer): Depending on the findings of the above, sewer services on the north side of E. Idaho will be rerouted to the existing sewer in E. Idaho Avenue. Buildings fronting the southwest corner of Main Street and East Idaho will also be served. Task Order 10567 Water and Sewer Replacement Page 1 of 13 JUB Engineers, Inc. Item#27. • Main Street between Pine Avenue and Broadway Avenue (Sewer): New collection sewer in Main Street will likely be required to serve properties that front Main Street, north and south of E. Idaho Avenue. • E. Idaho Ave. between Main Street and NE 6th Street (Sewer): Extend new collection sewer from Main Street to NE 6th Street and reroute services on homes fronting East Idaho Street. • NE 5th Street between Pine and Broadway (Sewer): Services will be connected to the existing sewer main in NE 5th Street south of Pine Avenue. These include (823 NE 5th, 830 NE 5th, 438 E Idaho, and 506 E Idaho). Extend new collection sewer south of E. Idaho Ave. to pick up properties on NE 5th Street (731, 720, 714, 704). • E. Idaho between NE 2nd and NE 3rd (Water): Pothole the water main to verify the pipe size near the NE 2nd intersection and on both sides of the abandoned water main. If the pipe is 6-inch or smaller and/or cast iron, water main will be replaced with 8-inch main and new services and meters will be added. • E. Idaho between NE 3rd and NE 6th (Water): Extend new 8-inch water main to NE 6th Street along with services and meters and make interconnections at each intersection. The CITY's goal is to design these improvements in FY22-23. SCOPE OF WORK Task 1 — Project Administration 1. Kickoff Meeting: Attend a kick-off meeting with the CITY for the purpose of discussing the project approach, obtaining available information, landowner coordination and determining project schedule. 2. Progress Meetings: Attend regular progress meetings during the design phase with the CITY as needed throughout the project to discuss project status, provide budget status summaries, present deliverables, and receive direction from the CITY. It is assumed that four (4) such meetings will be required at the various project deliverable stages. 3. Project Administration and Tracking. Monitor team progress, action item lists, task deadlines, items needed from CITY; provide documentation, subconsultant administration, and monthly updates to project team and CITY as needed. Task 2 — Feasibility Review (Sewer Service Meridian Rd to NE 2nd St) 1. Feasibility Review: J-U-B will preliminarily evaluate the feasibility of turning services to East Idaho Avenue between Meridian Road and NE 2nd Street. This will involve field review of the approximately 24 services in these two blocks and potentially meeting with the landowners. The preliminary evaluation will be based on available aerial imagery, site reconnaissance, and review of record information. Preliminary estimates of cost will be prepared for major work elements and compared with costs to rehabilitate the existing alley sewers. A Task Order 10567 Water and Sewer Replacement Page 2 of 13 JUB Engineers, Inc. Page 420 Item#27. summary memo will describe the evaluation findings, challenges, concept costs and compare relative benefits and disadvantages with rehabilitating the existing sewer in-place. A meeting with the CITY will be held to discuss CITY's review comments and determine which alternative to move forward into the design phase. Deliverables • Alternatives exhibit map and summary narrative with conceptual cost estimates. Task 3 —Topographic Survey and Base Mapping 1. Survey and Base Mapping: J-U-B shall complete a topographic survey along the proposed project limits as defined below. At this time, it is not known if the existing sewer between Meridian Road and NE 211 Street will remain in-service or if it will be abandoned. Survey and base mapping is provided under Task 7 in the area between Meridian Road and Main Street. A. Research and Utility Request: Research available land monuments, plats, records of survey, and rights-of-way on the project sites. J-U-B shall contact utility companies prior to survey via Dig-line to request available utility mapping. Utilities will be shown to the extent they are visible in the field or located by the utility or Owner. B. Survey Control Establish survey control along the alignment using: horizontal coordinate system, NAD 1983 translated to the Ada County G.I.S. system, and vertical control based on NAVD 1988. Land monuments will be located and shown where found from visual observations during the field survey. Temporary construction benchmarks (T.B.M.'s) will be established on each block of the site. C. Topographic Survey: Complete topographic survey along the project limits. The level of detail for the topographic survey will be commensurate with open trench replacement to locate visual physical features, such as fences, utility poles, surfacing, utilities to the extent that they are found or field located by the utility companies, edge of pavement, face of curb, sidewalks, signal poles, signs, mail boxes, water meter boxes, water valves, large trees, and include monuments of record and physical survey of monuments and property pins that are found. Width of survey will extend from ROW to ROW on: 1) E. Idaho Avenue from NE 3rd Street to NE 6t" Street; 2) Main Street approximately 200 feet north and south of E. Idaho Avenue; and 3) NE 211 Street approximately 200 feet south of E. Idaho Avenue. Home or building sill elevations fronting the new collection sewers will be established and referenced in the sewer and service line design. Building cleanouts as visible in the field will be located. The presence of basements will be visually determined while this work is being completed. Task Order 10567 Water and Sewer Replacement Page 3 of 13 JUB Engineers, Inc. Page 421 Item#27. D. Base Mapping: Prepare topographic mapping in Civil 3D 2021 at a 1" = 20' scale, 11"x17". Topographic features will be depicted using standard symbols. Topographic features will be shown on the design plans. Locations (X & Y coordinates) and elevations of local TBMs will be shown. Street ROW will be shown based on the CITY's G.I.S. mapping. Water system and water service will be shown based on CITY's G.I.S. mapping and as marked by the CITY in the field. Storm drainage systems will be referenced based on ACHD's available G.I.S. information and field survey of visible storm drainage facilities. Roadway will be cross-sectioned at 50' to 100' intervals, on centerline, edge of pavement, gutter, top of curb and natural ground near ROW. Property addresses and ownership will be shown from available GIS information adjacent to the project corridor. Task 4— Preliminary and Final Design Services At this time, it is not known if the existing alleyway sewer between Meridian Road and NE 2nd Street will remain in-service or if it will be abandoned. This task provides preliminary and final design for the new collection sewer from Main Street to NE 6t" Street, segments on Main Street, NE 2nd Street, and NE 5t" Street as described in the project understanding. Additional services Task 7 provides design services for service connection to the existing sewer between Meridian Road and Main Street. 1. 30% Preliminary Design: A. Review Existing Data, Information: J-U-B shall review CCTV inspection video on the existing alley sewers adjacent to East Idaho Avenue. The review shall be used to determine approximate location of existing services connections at the main. In addition, major structural deficiencies in the existing sewer will also be logged for possible incorporation into the project to maintain the viability of the existing sewers until abandonment can occur. A review log will be prepared summarizing the CCTV and the approximate locations of the service connections will be shown on the base mapping. B. Preliminary Design of Sewer Alignment: J-U-B shall complete preliminary design of the vertical and horizontal alignments of the collection sewer. The preliminary design profile shall include an allowance for service rerouting and known basements containing water services. The properties of apparent controlling service lines will be identified based on length of service line, depth of service connection at existing sewer, and presence of basement with sewer services. Horizontal alignment shall consider ACHD and City corridor compliance, sanitary separation and constructability. C. Preliminary Sewer Plan/Profile: A preliminary review roll-plot shall be prepared showing base mapping, approximate location of existing service connections on existing mains, preliminary determination of grade controlling services, approximate service line location from sewer main to street ROW, vertical profile, known utilities, horizontal alignment showing new manhole locations, etc. Task Order 10567 Water and Sewer Replacement Page 4 of 13 JUB Engineers, Inc. Page 422 Item#27. D. Water Main Investigation: Coordinate with and retain the services of a private utility locating contractor to pothole the existing water main on E. Idaho Avenue between NE 2nd Street and NE 3rd Street. This investigation work will determine the size and pipe material type of the existing water main. Two pothole locations are anticipated using a vacuum excavator. CITY personnel will be onsite during the locating work to field measure approximate location, depth and identify water main type and size. E. Preliminary Water Main Alignment: Evaluate the E. Idaho Avenue corridor from NE 2nd Street to NE 6th Street to sanitary clearances, constructability, maintaining water service along with other design considerations. The water main alignment will be shown on the preliminary sewer plan and profile roll plot sheet. F. J-U-B will meet with the CITY to review the preliminary plan and profile and gather CITY input on the preliminary design. Additional or missing information on subject properties or services shall be identified for final design at the review meetings. Review meetings are accounted for under Task 1. 2. 75% Complete Design Package: A. Final Design: J-U-B shall revise the conceptual alignment and profile based on the CITY's review comments and complete 75% final design of the selected sewer alignment and water main extension. Design shall include locating the landowner's preferred location of the sewer service connection at the street ROW. Design of the collection sewer profile will be based on an assumed service line routing on the private property; however, only the sewer service line from the collection sewer to street ROW will be designed and shown on the plans. Design shall incorporate utility corridor compliance, service connections, manhole connections or replacement, utility separations, utility conflicts, sewer abandonment where applicable, constructability, construction access, excavation depths, minimization of pavement repair and impacts to traffic and adjoining properties. Sewer abandonment plans shall be prepared on an overall plan sheet. Water main design shall include new water services from the main to the existing water boxes, main connection details, valving, thrust restraints and related details. Pavement section shall be based on ACHD's standards for local roads. Known utility or non-potable water crossing will be indicated on the plans. Prepare a draft water valve closure plan in coordination with Water Department staff. B. Construction Plans: Plan and profile sheets will be prepared showing proposed sewer, sewer service connections, surface repair, manhole replacements or connections, existing sewer connections, water improvements, surface repair and other pertinent details. Plans will be 11"x17" with a 1" =20' or similar scale. Details will utilize CITY and ISPWC standard drawings as applicable. Task Order 10567 Water and Sewer Replacement Page 5 of 13 JUB Engineers, Inc. Page 423 Item#27. C. ESC Plan: J-U-B will prepare an ESC plan per the CITY ESC plan requirements and standards for initial review by the CITY's Environmental Division. The CITY's ESC requirements will be incorporated into the technical specifications. D. Traffic Control Performance Plan: J-U-B will prepare an overall traffic control plan with typical intersection crossing plan. The intent is for the Contractor to reference the performance requirements shown on the plan and modify as required for the construction sequencing, phasing and to secure agency (ACHD and CITY) approvals. E. Water Main Closure Plan: An overall water shutoff plan will be prepared with water department staff input. F. Technical Specifications: Prepare revisions to the most current versions of the standard specifications (2020 ISPWC and Meridian's Supplemental Specifications and Standard Drawings) for the project. Special provisions shall be developed for specialty work items in conformance with ISPWC formatting. G. An opinion of probable construction cost and preliminary bid schedule will be prepared. H. A senior engineer will perform a QC of the plans and technical specifications. J-U-B will submit the 75% review package to the CITY for review and comment. One (1) set of plans will be submitted to the utility companies for informational purposes. J-U-B will meet with the CITY to review submittal package and receive comments and direction from Public Works staff on the project. 3. 90% Complete Design Package (Agency Review): A. Final Design: J-U-B shall revise the alignment, profile and details based on the CITY's 75% review comments as applicable. Complete final design of the collection sewer and water main extension by addressing pertinent issues with the alignment, profiles, service line stub-out locations or depths, ACHD/CITY corridor compliance, constructability, surface disturbance, sanitary separations, utility conflicts, excavation depths, and other pertinent design issues. Finalize the sewer abandonment plans. Pavement section shall be based on ACHD's standards for local roads. Known utility or non-potable water crossing will be indicated on the plans. B. Construction Plans: Plan and profile sheets will be prepared showing proposed sewer, sewer service connections, surface repair, manhole replacements or connections, existing sewer connections, surface repair and other pertinent details. Plans will be 11"x17" with a 1" =20' or similar scale. Details will utilize CITY and ISPWC standard drawings as applicable. Task Order 10567 Water and Sewer Replacement Page 6 of 13 JUB Engineers, Inc. Page 424 Item#27. C. ESC: Revise the 75% ESC plans per CITY's comments and incorporate final plan modifications. The City Environmental Division will approve the plan. D. Traffic Control Performance Plan: Revise the 75% review TCP per CITY comments and finalize plan design. Prepare technical specifications for E. Water Main Closure Plan: An overall water shutoff plan will be prepared with water department staff input. F. Technical Specifications: Prepare revisions to the most current versions of the standard specifications (2020 ISPWC and Meridian's Supplemental Specifications and Standard Drawings) for the project. Special provisions shall be developed for specialty work items in conformance with ISPWC formatting. G. An opinion of probable construction cost and preliminary bid schedule will be prepared. H. A senior engineer will perform a QC of the plans and technical specifications. I. J-U-B will submit the 90% review package to the CITY and the agencies (Task 5) for review and comment. The CITY will provide full review can comments from the Community Development Divisions as appropriate. One (1) set of ESC plans will be submitted to CITY's Environmental Division. One (1) set of plans will be submitted to the utility companies for informational purposes. J-U- B will meet with the CITY to review submittal package and receive comments and direction from Public Works staff on the project. 4. 100% Final Design and Project Manual Package (QLPE Review, Bid Ready): A. J-U-B will incorporate CITY and agency review comments (as applicable) and revise the Construction Plans, Technical Specifications, and ESC. B. Update opinion of probable construction cost and preliminary bid schedule. C. J-U-B will submit electronic copies of the 100% (Bid Ready) submittal package for CITY QLPE review and approval. If revisions are necessary, J- U-B will incorporate and resubmit submittal the package. Deliverables • 30% Complete Preliminary Sewer and Water Plan/Profile Roll-plot, (2) copies at scale TBD. • Four (4) copies of 75% review package, plans, specifications, cost estimate. • Electronic pdf copies of the Final (100% QLPE, Bid Ready) Plans and Technical Specifications, and final opinion of probable construction cost. Hard copies if required will be provided by the CITY. • Four (4) copies of 90% review package, plans, specifications, opinion of probable construction cost estimate. Task Order 10567 Water and Sewer Replacement Page 7 of 13 JUB Engineers, Inc. Page 425 Item#27. • Technical specifications in word format for CITY review and editing. Task 5 — Landowner and Business Coordination The budget for this task assumes a level of effort (labor hours) to provide the services outlined below. The number of meetings, coordination time, landowner contacts and involvement is unpredictable and will vary. The anticipated level of effort is shown on Attachment A for the budget shown. Additional budget may be required if an increase in the landowner outreach or coordination effort is needed. 1. Public Outreach: A. J-U-B, with CITY input, shall design and prepare a project flyer with agreed upon messaging which will be distributed to all residents, businesses, and impacted properties, before the service line coordination meetings. The flyer will have J-U-B and CITY contact information that interested parties can call for additional information. A J-U-B public involvement professional will serve as the primary point-of-contact, available at all-time to answer questions and address stakeholder concerns. B. Meetings: Additional stakeholders' outreach will occur with impacted businesses, neighborhood/home-owner associations; emergency services; and development/property owners. Follow up meetings or correspondence may be required for some landowners and businesses throughout all project phases. J-U-B public involvement professional shall conduct site meeting or follow up telephone calls with those residents or businesses responding to the project flyer distributed prior to the design phase. Meetings notes shall be prepared summarizing discussions and copied to the CITY PM. C. Prior to construction, an additional project flyer is suggested to be distributed and will be provided under subsequent additional services task order. 2. Services Coordination and Routing: J-U-B shall assist the CITY with landowner coordination on the project during the design phase which will include the following: A. Right of Entry Letter: J-U-B will create a right of entry form and project vicinity map for CITY review and approval. The form will have J-U-B and City contact information that interested parties can call for additional information along with the anticipated timeline to complete the work. All landowner mailings will be sent by the CITY. B. Landowner Meetings for Service Line Routing and Water Meter Replacements: J-U-B will visit each property and meet with each landowner (approximately 66) to determine approximately where the existing sewer service exits the building, preferred routing of the new sewer service line and determination if basements are present. In addition, J-U-B will coordinate with Task Order 10567 Water and Sewer Replacement Page 8 of 13 JUB Engineers, Inc. Page 426 Item#27. affected landowners on the new water meter replacements. J-U-B, in conjunction with the landowner and CITY staff, will develop a preferred corridor for the new sewer service line. Sewer service depth at the existing structures shall be estimated from existing mainline invert elevations at the observed service connections from the CITY's CCTV and assumed grade to the structure. Approximate ground elevation at the building's connection point will be estimated from the sill elevation established in Task 3. Photo images will be used to document each corridor, building service connection location, and physical features. A topographic survey shall not be provided, nor is an exhaustive investigation on features such as underground utilities, landscaping sprinkler systems, etc. included in this scope of work. A map sheet shall be prepared for each service line showing approximate connection location, routing, topographic survey within street ROW, parcel boundary and approximate home footprint taken from Ada County GIS aerial photogrammetry, property images of service line routing, and other pertinent information. Accompanying the map sheet will be service line corridor images edited to identify the preferred corridor and point of connection at the building. The map sheet and corridor images for each service line routing shall be placed in an Appendix with the Technical Specifications. Scope of the meetings and service line re-routing will vary for each parcel. The anticipated level of effort is shown on Attachment A. Deliverables • Project design and pre-construction informational flyers and a tracking log summarizing comments received and meeting notes. • Right-of-entry form • A project tracking log will be kept to summarize discussions and feedback. • Service line map sheet and corridor images for each service line in electronic pdf format for inclusion with the Technical Specifications for the deliverables in Task 4. Task 6 —Agency Coordination and Permitting 1. ACHD Coordination and Permitting A. Coordinate alignments with the Ada County Highway District(ACHD)to establish acceptable corridor and surface repair on East Idaho Avenue and the affected cross streets. B. Submit 90% Plans to ACHD for review and approval. 2. Irrigation/Drainage Water Users or District Review and Coordination A. J-U-B will research the project corridor for irrigation and drainage facilities where the proposed improvements may cross or impact. J-U-B will review available records and make inquires on ownership of such water users or sub-irrigation Task Order 10567 Water and Sewer Replacement Page 9 of 13 JUB Engineers, Inc. Page 427 Item#27. districts and advise the CITY if permitting or additional coordination is required. An adjustment to the task budget may be required if formal permitting or licensing process is determined. Task 7 —Additional Services The following services will only be initiated if specifically authorized by the CITY. 1. Sewer Service Rerouting (Meridian Road to NE 2nd Street) Survey and Design If the CITY elects to abandon existing alleyway sewers between Meridian Road and NE 2nd Street, as determined in Task 2, J-U-B will complete the following additional services: A. J-U-B shall complete topographic survey and base mapping on East Idaho Avenue between Meridian Road and Main Street. Scope of the service will be defined in Task 3. B. Preliminary and final design of sewer service connections will be completed in accordance with Task 4, between Meridian Road and NE 2nd Street. C. Services coordination and routing will be completed for landowners on the approximately 24 services along these two blocks of sewer in accordance with the services outlined in Task 5. 2. Water Main Design (NE 2nd Street) Survey and Design If the water main investigation (Task 4.1.D) determines that this existing main is not suitable in size or material, J-U-B will complete the following additional services: A. J-U-B shall complete preliminary and final design of the new water main, water services and meter replacements between NE 2nd Street and NE 3rd Street in accordance with the scope outlined in Task 4. ASSUMPTIONS While preparing our scope of services and fee schedule, we have made the following assumptions: 1. City will provide Consultant with the following: a) Record drawings of the existing sewer in East Idaho Avenue, Pine Avenue, Split-Corridor water and sewer project, and other available development projects in the area. b) Information on sewers within the alleys in the project areas including CCTV inspection video of existing alley sewers, Pine Avenue sewer, E. Idaho Sewer in the project area. Additional CCTV may be required and provided by the CITY depending on date and quality of existing CCTV. c) GIS shape files or CAD drawings of existing utilities along the project corridor. Task Order 10567 Water and Sewer Replacement Page 10 of 13 JUB Engineers, Inc. Page 428 Item#27. d) Provide approximate burial depth measurement for existing water mains in the project area. 2. The City will: a) Provide on-going review of J-U-B's work and timely consideration of policy issues with a time acceptable to the CITY and J-U-B. b) Pay for all permits and fees needed for the project that are not provided by the General Contractor (GC). c) Provide project manager to serve as a liaison with other City departments to facilitate the project reviews and approval process. d) Provide a liaison with the Engineer for business and residential outreach. Assist the Engineer with landowner coordination for the placement of new sewer service stub-outs, and general project coordination. The CITY will provide all mailing costs to the landowners. e) Provide water department staff to be present during potholing activities to field measure existing water mains and establish size and material types. 3. Project Assumptions: a) Topographic survey on private property or detailed design of each property's service line on private property is not provided. The GC will be responsible for the actual final design and coordination of each service line with the landowners. b) Available record drawing data or CCTV data will be used to research existing services lines and any stub-outs constructed as part of the Pine Avenue project or the E. Idaho development project between Meridian Road and Main Street. c) Exact locations of utilities are not known and may affect the alignment during construction. d) A draft traffic control plan (TCP)will be prepared for the project. The GC shall review and amend the TCP per project specific construction sequences and submit to ACHD for approval. e) The disturbed area is greater than one (1) acre is size and will require a project specific SWPPP. These scopes of services provide an ESC plan which can be referenced by the GC who will prepare and execute the SWPPP. f) Full width street restoration is not included in the design. g) Existing sewer manholes will be abandoned in-place and include abandonment of mainline where accessible from the existing manhole. Existing service connections on existing sewer mains will not be abandoned, only at the re-routing point of connection where the sewer service exits the building. h) Exact locations of utilities are not known and may affect the alignment during construction. No potholing is provided to confirm utility locations, including the exact elevation of the service line leaving the building. Task Order 10567 Water and Sewer Replacement Page 11 of 13 JUB Engineers, Inc. Page 429 Item#27. i) Right-of-way (ROW) and parcel information will be referenced from the Ada County GIS base mapping. Refer to Task 2 for assumptions regarding scope of services on the project research and topographical survey. j) J-U-B will utilize ACHD's standard street section for the trench repair. k) No work in Meridian Road is anticipated with this project. Service to 816 N. Meridian Road may require service to Meridian Road depending on the results of Task 2. If service to Meridian is required, an addendum to these services will be required. 1) Water meter sizing will be provided by the CITY. New water service lines will be run from the new water main to the existing meter box. No relocation or replacement of meter boxes is anticipated. New water meters will be provided by the CITY for installation by the Contractor. No water service lines will be routed from the new meter to the home or building. TIME OF COMPLETION and COMPENSATION SCHEDULE Tentatively, construction is targeted in winter 2022-23. COMPENSATION AND COMPLETION SCHEDULE Task Description Estimated Completion Date Compensation 1 Project Meetings &Administration On-going throughout other tasks. $7,564 2 Feasibility Review Completed within 60 calendar $9,641 days of the NTP 3 &4 Topographic Survey Update & Completed within 150 calendar Final Design Services days as dependent on landowner $133,479 coordination and agency approvals. 5 Public Outreach and Landowner On-going as required. $47 822 Services Coordination 6 Agency Coordination & Permitting On-going as required. $7,142 7 Additional Services (Project On-going as required. $19,867 Meetings &Administration TASK ORDER TOTAL: $225,515.00 The Not-To-Exceed amount to complete all services listed above for this Task Order No. 10567 is two hundred twenty-five thousand five hundred fifteen dollars ($225,515.00). No compensation will be paid over the Not-to-Exceed amount without prior written approval by the City in the form of a Change Order. No travel or expenses will be reimbursed through this agreement. All costs must be incorporated in the individual tasks within the Compensation and Completion Schedule above. CITY OF MERIDIAN JUB ENGINEERS, INC. Task Order 10567 Water and Sewer Replacement Page 12 of 13 JUB Engineers, Inc. Page 430 Item#27. ��Z- BY: BY: KEITH WATTS, Procurement Manager Lis B man Area M ger Dated: Dated: City Project Manager: Vicki L Task Order 10567 Water and Sewer Replacement Page 13 of 13 JUB Engineers,Inc. Page 431 3AtlAVMOVONB -+ 3AV UHV01 3AV 9E£ UHV01 3'ZVf m Z m H 3 3AV 3 3AV OHVOI 3 8Z£ ' 3AV OHVOI 3Atl AtlMOVON9 3 LZ£ 3 5Z£ 3AV ,� 3OfE 3AV3NId OHtl01 3 ZZ£ 3Atl OHVOI 3Atl 3 6TE Atl 0HVO1 3 8IE 3,6T£, AVMOVON9 3 3Atl 3NId tl OHVOI 3AV OHtl01 3 Si£ ZTE 3 TT£ 3Atl AtlMOtlONB 3AV 3NId 1S ON£ z t+ _ ,, 3 OT£ 3 SO£ 3N OZ � m M Q 15 ON£3N Z£L 3AV AVMOVUM9 3WE 3AV UHtl01 „� w 3 CEZ • W > W Q } • m W � C �3AV OHVOI 3 T£Z Q 3AV OHVOI m 397 4J H • � � W • N W Q rl z n s � 31515 o C ONZ 3N OOL N W N N n � r h ■, 3Atl OHtlOI 3 OVT m 2 > N SON 1S ON Z 3N 60T 3AV 3NId 3Atl OHVOI N p Q Z 3N SZC 3 L£T 3 9£T AA V AVMOtlOtJ9 3 Z£I -_ 3Atl L3LOU 1S ONZ 3N 3Atl 3NId 3Atl OHVOI 3Atl AVMOtlOil9 3 3 0£T 3 LZT 36 3AV OHtlOI 3 9ZT y 3Atl OET 3 AVMOVO_N9 3 3AV OHtl01 3 YZT�' w O 3Atl31INld 3 IZI 3Atl OHtl013 3Atl 3NId 3AV OHV013 VTT C F 3 LT•I z Z F < 1S NIVW N a z g '^ 3AV OHVOI � N y � z g Z 1S NlVW a N SOS x in 3Atl OHVOI Z tir�,' z Q O a0 3Atl 3 9E m O Q M S W Q W 3Atl 3NId 3£ 3AV UHVOI j:I � m � a z= W ' �o .■ ZZ zQ � a � o 3 CITY OF MERIDIAN Purchase Requisition N Ci�fERIDIAN_ Purchasing Department DATE OF 3/1/2022 33 E BROADWAY AVE,STE 106 CITY OF MERIDIAN REQUEST MERIDIAN, ID 83642 Dept Name PURCHASE ORDER NUMBER MUST APPEAR ON ALL INVOICES.PACKING TEL: (208)489-0417 SLIPS,CARTONS .CORRESPONDENCE RELATED TO THIS ORDER FAX: (208)887-4813 AVAILABLE BUDGET AMOUNT $225,515.00 IS BUDGET AMENDMENT REQUIRED? SUGGESTED VENDOR JUB Engineers, Inc NO 2760 W Excursion Ln Ste 400 Meridian, ID 93642 CITY SUPPORT TICKET NO. UESTOR PROJECT MANAGER PAYMENTTERMS FREIGHTTERMS F.O.B. REQ Vicki Ly NET 30 PREPAID DESTINATION Vicki L PROJECT NAME: Water and Sewer Replacement- E Idaho Ave, Meridian St to NE 6th St Description of Purchase Quantity and Pricing ACCOUNTING CODES DESCRIPTIONPART NUMBER • QTY UNIT UNIT PRICE FUND - OR PROJECT/ TOTAL AMOUNT TASK ORDER CONTRACT -• DESCRIPTION CODE GLACCOUNT# COMMITMENT# Water and Sewer Replacement- E Idaho Ave, Meridian St to N 1 $ 225,515.00 60 3590 95000 10567 $ 225,515.00 $ - $ - $ - $ - NOTES: Council Approval Date: 4-5-2022 $225,515.00 AUTHORIZED DEPARTMENT SIGNATURE N A W W Item#27. City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 60 - Enterprise Fund 3590 - WW Construction Projects From 10/1/2021 Through 9/30/2022 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining Capital Outlay 95000 Service Line/Main Replacement 950,000.04 0.00 950,000.04 100.00% 10594 Waterline Replacement - E. 650,000.00 0.00 650,000.00 100.00% State Ave. - Meridian Rd. to NE 2 10594.c Water Sewer Main 0.00 (23,031.42) 23,031.42 0.00% Replacement - E State Ave Meridian to Cathy 10594.d Water & Sewer Main 0.00 428,709.16 (428,709.16) 0.00% Replacement E State Ave Construction 10917 Sewer Main Replacement - E 450,000.00 3.56 449,996.44 100.00% Chateau N Jericho 10917.b Sewer Water Main 0.00 333,509.35 (333,509.35) 0.00% Replacement - Chateau Jericho Willowbrook 10917.c Sewer Water Main 0.00 9,275.97 (9,275.97) 0.00% Replacement - SDC Chateau-Jericho 10936 FY19 Sewer Main 1,565.00 (1,565.00) 3,130.00 200.00% Rehabilitation 11032.a Sewer Main Replacement - 0.00 66,280.00 (66,280.00) 0.00% NW 1st St Design 11073 Sewer Main Replacement - 68,747.00 0.00 68,747.00 100.00% Broadway Ave - NE 3rd to NE 6th St 11073.a Sewer Main Replace-E 0.00 17,423.00 (17,423.00) 0.00% Broadway-NE 3rd to NE 6th St Consult Total Capital Outlay 2,120,312.04 830,604.62 1,289,707.42 60.83% TOTAL EXPENDITURES 2,120,312.04 830,604.62 1,289,707.42 60.83% Page 434 Date: 3/15/22 08:09:54 AM Pag Item#27. CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 3/1/2022 REQUESTING DEPARTMENT Public Works Project Name: Water and Sewer Replacement-E Idaho Avenue. NE 3rd to 6th St Project Manager: Vicki Ly Contract Amount: $225,515 Contractor/Consultant/Design Engineer: JUB Engineers, Inc Is this a change order? Yes ❑ No ❑ Change Order No. II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 60 Budget Available(Purchasing attach report): Department 60 Yes ❑� No ❑ Construction ❑ GL Account 3590 FY Budget: 2022 Task Order 0 Project Number: 10567 Enhancement: Yes 0 No ❑ Professional Service ❑ Equipment ❑ Will the project cross fiscal years? Yes❑ No ❑ 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 2C (Bid Results Attached) Yes ❑ No ❑ (Ratings Attached) Yes ❑No Date MSA Roster Approved: 10/2/2019 Typical Award Yes ❑ No ❑ If no please state circumstances and conclusion: N/A Date Award Posted: N/A 7 day protest period ends: N/A VI. CONTRACTOR/CONSULTANT REQUIRED INFORMATION PW License N/A Expiration Date: N/A Corporation Status Active-Goodstanding Insurance Certificates Received(Date): 3/25/2021 Expiration Date: 8/1/2021 Rating: A++ Payment and Performance Bonds Received(Date): N/A Rating: Builders Risk Ins.Req'd: Yes ❑ No J❑ If yes,has policy been purchased? N/A (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: I reviewed the proposed design work hours and they were in line with what is needed for this project. Clint Dolsby 3/4/2022 Enter Supervisor Name Date Approve Vill. AWARD INFORMATION Date Submitted to Clerk for Agenda: March 29,2022 Approval Date 4-5-2022 By: City Council and Ma or Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Page 435 Contract Request Checklist.5.24.2016.Final Item#28. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Community Development Block Grant (CDBG) Program Housing, Public Facility, and Infrastructure Project Recommendations for Program Year 2022 Page 436 ME IDI N�--�- IL MEMORANDUM FOR RECORD DATE: March 28, 2022 FROM: Crystal Campbell, Community Development Program Coordinator TO: Robert Simison, Mayor Treg Bernt, Council Member Joe Borton, Council Member Luke Cavener, Council Member Brad Hoaglun, Council Member Jessica Perreault, Council Member Liz Strader, Council Member CC: David Miles, Chief of Staff; Emily Kane, Deputy City Attorney; Chris Johnson, City Clerk RE: CDBG Housing, Public Facility, and Infrastructure Notice of Intent Recommendations - Revised 1. Background The Meridian Community Development Block Grant (CDBG) Program opens two competitive applications each year. • Public Service Application—available from April 1 to April 30. • Housing, Public Facility,and Infrastructure Application—requires a higher level of review to ensure projects are eligible and viable, so it has an added Notice of Intent(NOI) to apply requirement. If the project appears to be a good fit,the organization will be invited to complete the full application. The NOI is available from March 1 to March 15 and the complete application is available from April 6 to May 6. 2. Housing, Public Facility, and Infrastructure Applicants The Program Year 2022 NOI's have been received and evaluated using: 1) Project Eligibility Determination to ensure the project meets the basic federal guidelines; 2) Pre-Award Risk Assessment to determine the level of risk associated with the project; and, 3) Notice of Intent Evaluation to determine if the project falls within the guidelines of the Consolidated Plan. Community Development Department . 33 E. Broadway Avenue Meridian, ID 83642 Page 437 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org Item#28. Community Development Block Grant(CDBG)Program NOI Recommendations Applications are divided into separate categories for those addressing housing and those addressing public facility and infrastructure needs. The funds for each category are separate, so projects are only competing for funds in the same category. Housing Projects Homebuyer Assistance •Provide down payment,closing costs,and principle buy down assistance for low income,first time homebuyers, purchasing affordable homes within Meridian city limits. •Eligibility Determination: Eligible •Pre-Award Risk Assessment: 25 (Medium Risk= 21-30) •Notice of Intent Evaluation: 175 points ME= Homeowner Repair •Provide funding to rehabilitate owner-occupied homes for households within Meridian City limits that meet the eligibility requirements. •Eligibility Determination: Eligible •Pre-Award Risk Assessment: 29 (Medium Risk= 21-30) •Notice of Intent Evaluation: 161 points Public Facility/Infrastructure Projects Franklin Road and SW 5th Streetlights •Add streetlights where lighting doesn't currently exist. •Eligibility Determination: Eligible •Pre-Award Risk Assessment: 29 (Medium Risk= 21-30) •Notice of Intent Evaluation: 161 points Landing Subdivision Streetlights •Install/modernize streetlights where the existing lighting is insufficient. •Eligibility Determination:Eligible •Pre-Award Risk Assessment: 29 (Medium Risk= 21-30) •Notice of Intent Evaluation: 161 points Roof Repair •Replace current roof that has water and wind damage •Eligibility Determination: Eligible •Pre-Award Risk Assessment:44(High Risk=31+) •Notice of Intent Evaluation: 146 points 2 1 P a e Page 438 Item#28. Community Development Block Grant(CDBG)Program NOI Recommendations 3. Staff Recommendation Staff recommends the following projects be invited to complete the application: • NeighborWorks Boise Homebuyer Assistance • NeighborWorks Boise Homeowner Repair • Meridian Public Works Streetlights(two separate projects) • Meridian Food Bank Roof Repair Completed applications will be scored and ranked by a Scoring Committee and included in the PY22 Action Plan, which will then be presented to Council for approval. If there is not enough funding for all of the projects, those that are ranked lower will be included in the PY22 Action Plan as backup projects. 4. Council Decision Staff is asking Council to approve the recommendations above when this memo is submitted on the consent agenda at the April 5, 2022 Council Work Session meeting. All projects that are invited to complete the full application will be included in the PY22 Action Plan unless there are extenuating circumstances. 5. Next Steps Below is the timeline for projects included in the PY22 Action Plan: April 5 Public Hearing to promote public engagement on Consolidated Plan and April 30/May 6 Action Plan. Applications are due r May Applications scored and ranked. June 24 - July 29 Consolidated Plan and Action Plan(including ranked projects)open for June 28 public comment. Consolidated Plan and Action Plan presented to Council. July 26 Public Hearing for Consolidated Plan and August 2 Action Plan. Resolution on consent agenda. 40 3 I P a g e Page 439 Item 22 E IDIAN;--- AGENDA ITEM ITEM TOPIC: PRESENTATIONS Ll z Report2021 Annual Meridian Arts Commission z Cassandra Schiffler, Arts & Culture CoordinatorPatrick O’LearyBobby Gaytan, Public Art Committee ChairRaeya Wardle, Youth Natalie Schofield, IPG ChairLizzie Taylor-Tom VannucciJessica Peters, Vice Chair 2022Bonnie Zahn Griffith, Chair 2022 2022 Commissioners and Staff Audrey Belnap, Arts & Culture CoordinatorTzompaMaria Leslie MauldinRaeya Wardle, youth Natalie SchofieldLizzie Taylor-Tom VannucciJessica Peters, Vice Chair 2021Bonnie Zahn Griffith, Chair 2021 2021 Commissioners and Staff enhance the quality of life for Meridian residents and its visitors.To develop, advance, and nurture all facets of the arts and to Mission Statement: z Initial Point Gallery SubcommitteeEvents & Outreach SubcommitteePublic Art CommitteeSubcommittees(MAC) Meridian Arts Commission z To identify and develop public artwork in Meridian Art Committee Purpose:z z Park Identity Projects nationallyproject with an open call to artists Pathway. 2022: continuing work on the City’s first ‘gateway’ to the Five Mile site. The site is the Identity project at the new Five Mile 2021: started a new public art Park •develops projects with these fundsPublic Art Committee identifies & •MAPS funding.City Council allocates $50,000/yr. to •Renaissance ParkKen McCallIlluminationsChampion ParkTrademark DesignChampion’s Flame(MAPS)Art in Public Spaces Meridian z By Sienna MeuserLily PadsBy Joyce GreenJerseys in Idaho and funded by MDCUrban Renewal Area Show, installed in the the WASD Student Art 5 wraps selected from •MAPS WASD, funded by artist’s repository and 7 wraps selected from •$600payment for design to Increased artist •By Miguel AlmeidaIdahoSomos Traffic Box Series z Meridian CyclesKonkolMural by artist Ben Meridian CyclesDrawing for Mural North Main Street Meridian Cycles libraryunBoundphase currently underway with What’s next? New venues identified for 2022 murals; design First Mural Installed at Meridian Cycles with a public unveilingthe first murals in the City collection-Goal: 3 murals for Meridian Meridian Mural Series z Public Art Plan practices in the fieldVIA’s recommendations and best Arts and Culture Coordinator, follow and implement strategies with new What’s Next? Continued development ideasMAC held a workshop to develop and findings for public input, completed a report completed questionnaire and survey VIA Partnership Consultants future installation of public art pieces.Meridian and to assist in selection & Goal: Develop a vision for the public art in z settingsresidents in visual and performing arts in family friendly to provide events and activities that engage Meridian Subcommittee Purpose:Events and Outreach z z 4 guest artist/groups-Folk Heritage Concert Billy Blues BandKings of Swing3 live concerts at City HallConcerts on Broadway z Concerts on BroadwayKleiner Park Art PartyMeridian Arts Foundation’s Art SipDancePlein Air Painters of ID–Paint Out ClassesOther ActivitiesChalk Art CompetitionArt Week Meridian z Downtown!-Ornament drop Holiday Ornament Drop z Local and regional emerging and professional artistsMeridian students West Ada School DistrictProvide a Fine Art Gallery space to showcase visual art of:purpose:Initial Point Gallery Committee z z 23 individual artists6 group shows featuring 30 artists in each show-exhibits with around 20 4 large organization group WASD show of youth artmonth long exhibit-~2month long exhibits; 1 -10 ~1Initial Point Gallery Exhibits z 11 Initial Point Gallery Exhibits scheduledHoliday Ornament Drop-Meridian Art Week, September 7RepositoryTraffic Box maintenance, cleaning, and installation of additional wraps from WASD and Artist Develop Public Art Plan, implement best practices in the fieldsiteArtists for Public Art project at the new Five Mile Pathway -to-National release of Callcurrently in design stage, and final mural proposal partnership with WARD at the Meridian PoolunBoundpartnership with Meridian Library District –Continue with Meridian Mural Series scheduled)2022 Concerts on Broadway series (Smooth Avenue, High Street, and Soul Patch tentatively What is next for MAC in 2022? z)24-series/adp-profile-data-https://www.arts.gov/impact/research/arts()profiles/Idaho-https://www.arts.gov/impact/state(for the Arts survey by the National Endowment All information found from a 2017 arts/cultural products in USCreated $20 billion trade surplus in •sector4.92 million workers in arts & cultural •billion (4.2%) to the National GDP.The Arts contributed more than $766 •NationallyState of Idaho additional 37% of adults attended art exhibits.music, theater or dance performances. An In one year, 58% of Idaho adults attended live IdahoArts and Culture support 20,790 jobs in back to Arts & CultureThat’s 2.8% of Idaho economy traced the state economyArts and Cultural production adds $2 billion to ts Economic Impact of the Ar z itiesHumanon the Arts and President’s Committee flourishing.’’the conditions of its own much as it is assuring philanthropic activity so is not engaging in the arts and humanities ‘’A society that supports be attainedcollaboration can by which creating platforms areas as well as in revitalization of The arts are unique nNational Governors Associatiocomprehensive strategy for growth.’’important components of a that arts, culture and design can be ‘‘…governors and states are finding Cultural LegaciesCivic CatalystsHealth and WellnessEducational AssetsEconomic DriversSector Investment-Why Arts Are A Good Public Item 22 E IDIAN;--- AGENDA ITEM ITEM TOPIC: PRESENTATIONS Ll HISTORIC Annual Report, 2021 Commissioners Jack Keller, youthJody AultJohn DingerPam JagoshTyler RicksDestinie Hart, Vice PresidentBlaine Johnston, President PRESERVATION Historic https://hullfilm.com/projects/meridian/new14/•Meridian SpeedwayNewly Completed Sites: Meridian City Hall/Creamery, •Meridian HistoryPartnered with Hull Film to create virtual tours of •ToursVirtual National listing.National Park Service and SHPO on the status of this We should have a final answer this fall from the •commission and SHPO for this listing. Places. TAG, our consultant has worked with our Speedway listed onto the National List of Historic We are continuing our efforts to get the Meridian •Registry May:Clara Hill HouseBank of Meridian year.person event this -We hope to be able to have in•participants last year, due to the pandemic.Scavenger Hunt in 2021, we had a small number of •historical propertiesWe continued our virtual tours to highlight local •MonthPreservation CLG our CLG status, which we did.attend preservation conferences in order to maintain They also wanted to make sure that our commission Meridian. intensive survey of the North Main Street area of suggested that our commission undertake an Preservation Office) to review our CLG status. SHPO Our commission met with SHPO (State Historic GovernmentCertified Local Continuing sponsored by the National Trust for Historic Places.attend the Virtual Past Forward Conference that is Last year, 3 of our commissioners took extra time to historic preservation conferences.ways for this to happen is to attend some of the classes on Historic Preservation. One of the best our commissioners take continuing education Government), our commission is required to have In order to maintain our status as a CLG (Certified Local Education WHAT’S NEXT National Registry.our efforts to have more buildings and sites listed onto the share with Council, that our commission has been successful in listing. We hope that by this time next year; we will be able to We are also exploring additional sites that may be eligible for 3.the National List of Historic Places. Continue our efforts to have the Meridian Speedway listed onto 2.expand our following.follow these forms of social media and share these posts to and Instagram. We ask that members of the council to please We are expanding our Social Media outreach on both Facebook 1.In 2022 we will: THANK you-Thankanswer them.If you have any questions at this time, we would be happy to not be able to do the work that we have been tasks to do.Without the support that we receive from the city, we would preserving our history.to be able to serve you and the citizens of Meridian in Council and City staff for all that they do for us. It our pleasure The commission would like to thank the Mayor’s office, City YOU- Item#31. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Resolution No. 22-2320: A Resolution of the Mayor and the City Council of the City of Meridian, Appointing Steve Cory, Jo Greer, Pam Jagosh, Megan Larson, John Nesmith, and Walter Steed to the Meridian Districting Committee; Directing the City Clerk to Convene the Meridian Districting Committee as Soon as Practicable; Directing the City Clerk to Post Meridian Districting Committee Agendas and Minutes on the City of Meridian's Website; Directing the City Clerk to Post the Census Data to be Used by the Meridian Districting Committee on the City of Meridian's Website; Establishing a Date for the Meridian Districting Committee to Transmit the Meridian Districting Plan to the City Clerk; and Providing an Effective Date Page 440 CITY OF MERIDIAN RESOLUTION NO. 22-2320 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERRAULT, STRADER A RESOLUTION OF THE MAYOR AND THE CITY COUNCL OF THE CITY OF MERIDIAN, APPOINTING STEVE CORY, JO GREER, PAM JAGOSH, MEGAN LARSON, JOHN NESMITH, AND WALTER STEED TO THE MERIDIAN DISTRICTING COMMITTEE; DIRECTING THE CITY CLERK TO CONVENE THE MERIDIAN DISTRICTING DISTRICT AS SOON AS PRACTICABLE; DIRECTING THE CITY CLERK TO POST MERIDIAN DISTRICTING COMMITTEE AGENDAS AND MINUTES ON THE CITY OF MERIDIAN'S WEBSITE; DIRECTING THE CITY CLERK TO POST THE CENSUS DATA TO BE USED BY THE MERIDIAN DISTRICTING COMMITTEE ON THE CITY OF MERIDIAN'S WEBSITE; ESTABLISHING A DATE FOR THE MERIDIAN DISTRICTING COMMITTEE TO TRANSMIT THE MERIDIAN DISTRICTING PLAN TO THE CITY CLERK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code section 1-7-11(A) establishes the Meridian Districting Committee; and, WHEREAS, Meridian City Code section 1-7-11(C)(1) requires the Mayor to appoint, with the approval of the City Council, members of the Meridian Districting Committee; and, WHEREAS, Meridian City Code section 1-7-11(C)(1) requires the City Clerk to perform certain tasks concerning the Meridian Districting Committee; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That,pursuant to Meridian City Code section 1-7-11(C)(1), Steve Cory, Jo Greer, Pam Jagosh, Megan Larson, John Nesmith, and Walter Sneed are hereby appointed to a seat on the Meridian Districting Committee, with a term to expire on September 1, 2022. Section 2. That,pursuant to Meridian City Code section 1-7-11(C)(1), the City Clerk is hereby directed to convene the Meridian Districting Committee as soon as practicable. Section 3. That,pursuant to Meridian City Code section 1-7-11(C)(1), the City Clerk is hereby directed to post Meridian Districting Committee agendas and minutes on the City of Meridian's website. Section 4. That,pursuant to Meridian City Code section 1-7-11(C)(1), the City Clerk is hereby directed to post the federal census data to be used by the Meridian Districting Committee on the City of Meridian's website. APPOINTMENTS TO MERIDIAN DISTRICTING COMMITTEE AND RELATED ACTIONS Section 5. That,pursuant to Meridian City Code section 1-7-11(E)(4), the Meridian Districting Committee is hereby directed to transmit the Meridian Districting Plan to the City Clerk no later than June 28, 2022. Section 6. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 5th day of April, 2022. APPROVED by the Mayor of the City of Meridian, Idaho, this 5th day of April, 2022. APPROVED: Mayor Robert E. Simison ATTEST: By: Chris Johnson, City Clerk APPOINTMENTS TO MERIDIAN DISTRICTING COMMITTEE AND RELATED ACTIONS