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2022-09-06 Work Session IDIAN%--- �wl ] D e41-I 0 CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, September 06, 2022 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Treg Bernt Councilwoman Jessica Perreault Councilman Luke Cavener Councilman Joe Borton Mayor Robert E. Simison ABSENT Councilman Brad Hoaglun ADOPTION OF AGENDA Adopted CONSENT AGENDA [Action Item] Approved Motion to approve made by Councilman Borton,Seconded by Councilman Bernt. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Borton 1. Approve Minutes of the August 16, 2022 City Council Work Session 2. Approve Minutes of the August 16, 2022 City Council Regular Meeting 3. Approve Minutes of the August 23, 2022 City Council Work Session 4. Approve Minutes of the August 23, 2022 City Council Regular Meeting 5. Apex Northwest Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 6. Belvedere Farms Sanitary Sewer Easement No. 1 7. Belvedere Farms Sanitary Sewer Easement No. 2 8. Eagle View Landing Apartments Sanitary Sewer and Water Main Easement No. 1 9. Lost Rapids Apartments Sanitary Sewer and Water Main Easement#4 10. Olson and Bush Subdivision No. 2 Water Main Easement No. 1 11. Outer Banks Infrastructure and Offsite Water Main Easement 12. Prescott Ridge Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 3 13. Quartet Southeast Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 14. Final Plat for Acclima Subdivision (FP-2022-0020) by The Land Group, Located generally North of W. Ustick Rd., South of McMillan Rd. and directly West of and adjacent to McDermott Rd. 15. Final Order for Skybreak Subdivision No. 2 (FP-2022-0002) by DevCo, LLC, Located at 7020 S. Eagle Rd. 16. Final Order for TM Center East No. 1 (FP-2022-0021) by Brighton Development, Inc., Located at 700 S.Wayfinder Ave. 17. Findings of Fact, Conclusions of Law for Black Cat Industrial Project (H-2021- 0064) by Will Goede of Sawtooth Development Group, LLC, Located at 350, 745, and 955 S. Black Cat Rd. and Parcel S1216131860 18. Findings of Fact, Conclusions of Law for Meridian Academy Play Field (H-2022- 0031) by The Land Group, Inc., located at 2311 E. Lanark St. 19. Findings of Fact, Conclusions of Law for Ten Mile Public Storage (H-2022-0016) by Kimley-Horn and Associates, Inc., located at at 4065 N. Ten Mile Rd. 20. Interagency Temporary License Agreement Between the Ada County Highway District and the City of Meridian Regarding Discovery Park, Phase 2 21. Approval of Janitorial Services Agreement with KBS, LLC for Janitorial Services FY2023 - FY2027 for the Not-To-Exceed Amount of$464,307.93 22. License Agreement Between the State of Idaho, Three Corners Subdivision Property Owners Association, Inc., and the City of Meridian Regarding Water Pump Usage 23. Memorandum of Agreement with West Ada Recreation District (WARD) and City of Meridian Regarding Mural on East Facing Wall of Meridian Pool 24. Ground Lease Agreement between the City of Meridian and Owyhee Holdings, LLC for the Proposed Can Ada Lift Station Property 25. Training Site Agreement Renewal between the City of Meridian and the Ada County Emergency Medical Services District for Fiscal Year 2023 26. Agreement Between the City of Meridian and West Ada School District for 2022- 2023 School Resource Officers 27. Ratification of Mayor's Signature for Meridian Rural Fire Protection District Resolution No. 22-002 28. Resolution 22-2341: A Resolution Reserving the Forgone Amount for Fiscal Year 2023 for Potential Use by the City of Meridian in Subsequent Years as Described in Idaho Code § 63-802, et seq.; and Providing an Effective Date DEPARTMENT / COMMISSION REPORTS [Action Item] 29. Public Hearing for Adoption of Proposed Republic Services Solid Waste Fees Approved Motion to approve made by Councilman Cavener,Seconded by Councilman Bernt. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Borton 30. Resolution 22-2342: A Resolution Adopting the Fiscal Year 2023 Rate Schedule of Solid Waste Collection Services; Authorizing the Finance Department to Collect Such Fees; and Providing an Effective Date Approved Motion to approve made by Councilman Cavener, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Borton 31. Parks and Recreation Department: 2022 Sparklight Movie Night Update 32. City Council: Housing Policy Discussion, Philosophy and Direction of City Efforts Related to Housing Affordability ADJOURNMENT 5:41 p.m. Meridian City Council Work Session September 6, 2022. A Meeting of the Meridian City Council was called to order at 4:32 p.m., Tuesday, September 6, 2022, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, and Liz Strader. Members Absent: Brad Hoaglun. Also present: Chris Johnson, Bill Nary, Jaime Del Barrio, Joe Gonzales, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE X Liz Strader _X_ Joe Borton Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X_ Luke Cavener X_ Mayor Robert E. Simison Simison: Council, we will call this meeting to order. For the record it is September 6, 2022, at 4:32 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: First item up is adoption of the agenda. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: There are no changes, so I move that we adopt the agenda as published. Cavener: Second. Simison: I have a motion and a second to adopt the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the August 16, 2022 City Council Work Session 2. Approve Minutes of the August 16, 2022 City Council Regular Meeting Meridian City Council Work Session September 6,2022 Page 2 of 23 3. Approve Minutes of the August 23, 2022 City Council Work Session 4. Approve Minutes of the August 23, 2022 City Council Regular Meeting 5. Apex Northwest Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 6. Belvedere Farms Sanitary Sewer Easement No. 1 7. Belvedere Farms Sanitary Sewer Easement No. 2 8. Eagle View Landing Apartments Sanitary Sewer and Water Main Easement No. 1 9. Lost Rapids Apartments Sanitary Sewer and Water Main Easement #4 10. Olson and Bush Subdivision No. 2 Water Main Easement No. 1 11. Outer Banks Infrastructure and Offsite Water Main Easement 12. Prescott Ridge Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 3 13. Quartet Southeast Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 14. Final Plat for Acclima Subdivision (FP-2022-0020) by The Land Group, Located generally North of W. Ustick Rd., South of McMillan Rd. and directly West of and adjacent to McDermott Rd. 15. Final Order for Skybreak Subdivision No. 2 (FP-2022-0002) by DevCo, LLC, Located at 7020 S. Eagle Rd. 16. Final Order for TM Center East No. 1 (FP-2022-0021) by Brighton Development, Inc., Located at 700 S. Wayfinder Ave. 17. Findings of Fact, Conclusions of Law for Black Cat Industrial Project (H-2021-0064) by Will Goede of Sawtooth Development Group, LLC, Located at 350, 745, and 955 S. Black Cat Rd. and Parcel S1216131860 18. Findings of Fact, Conclusions of Law for Meridian Academy Play Field (H-2022-0031) by The Land Group, Inc., located at 2311 E. Lanark St. 19. Findings of Fact, Conclusions of Law for Ten Mile Public Storage (H- 2022-0016) by Kimley-Horn and Associates, Inc., located at 4065 N. Ten Mile Rd. Meridian City Council Work Session September 6,2022 Page 3 of 23 20. Interagency Temporary License Agreement Between the Ada County Highway District and the City of Meridian Regarding Discovery Park, Phase 2 21. Approval of Janitorial Services Agreement with KBS, LLC for Janitorial Services FY2023 — FY2027 for the Not-To-Exceed Amount of $464,307.93 22. License Agreement Between the State of Idaho, Three Corners Subdivision Property Owners Association, Inc., and the City of Meridian Regarding Water Pump Usage 23. Memorandum of Agreement with West Ada Recreation District(WARD) and City of Meridian Regarding Mural on East Facing Wall of Meridian Pool 24. Ground Lease Agreement between the City of Meridian and Owyhee Holdings, LLC for the Proposed Can Ada Lift Station Property 25. Training Site Agreement Renewal between the City of Meridian and the Ada County Emergency Medical Services District for Fiscal Year 2023 26. Agreement Between the City of Meridian and West Ada School District for 2022-2023 School Resource Officers 27. Ratification of Mayor's Signature for Meridian Rural Fire Protection District Resolution No. 22-002 28. Resolution 22-2341: A Resolution Reserving the Forgone Amount for Fiscal Year 2023 for Potential Use by the City of Meridian in Subsequent Years as Described in Idaho Code § 63-802, et seq.; and Providing an Effective Date Simison: First item up is the Consent Agenda. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Move that we approve the Consent Agenda as published, for the Mayor to sign and Clerk to attest. Cavener: Second. Meridian City Council Work Session September 6,2022 Page 4 of 23 Simison: I have a motion and a second to approve the Consent Agenda. 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: FIVE AYES. ONE ABSENT. DEPARTMENT / COMMISSION REPORTS [Action Item] 29. Public Hearing for Adoption of Proposed Republic Services Solid Waste Fees Simison: First item up is Item 29. It is the public hearing for the adoption of the proposed Republic Services solid waste fees. We will open this public hearing. Do we have any staff comments for this item? I'm seeing that we have no staff comments for this item. Would Republic Services like to make any comments as we open up this public hearing? Okay. Mr. Nary, would you like to make any comments as we open up this public hearing? Nary: Oh, yeah. Mr. Mayor, we had a prior discussion with the Council. So, the -- what's on here has been noticed to the public. Just to recap for the public's sake from a summary, the increase that's being requested is consistent with the contract we have for services with Republic. The only additional change -- and we have been doing this annually -- is evaluating our recycling program and the cost of processing the recycling. The recycling collection is already part of the fees and we have agreed over the last few years to share a portion of that cost of the -- of the recycling processing with Republic Services to maintain our recycling program as is and the only other thing from the public's perspective -- we had a conversation a year ago regarding a change that we made to the contract in regards to wages for their employees. The request by the Council was to evaluate that this year to see whether we would leave it in. The recommendation and request from Republic and recommendation from the Solid Waste Advisory Commission was to leave it in. It is now based -- the CPI is based on wages as well, versus last year when it was not, when it was kind of out of whack in that time period. Now it is back in line with wages and so Republic feels there is no need to have a separate MOU for that. If the Council is comfortable with that it will just be part of our annual adjustment. Simison: Thank you, Mr. Nary. Council, any questions for Mr. Nary? Okay. This is a public hearing. Did we have anybody sign up in advance to provide testimony on this item? I'm looking at you, Jaime. Del Barrio: Mr. Mayor, no, we did not. Simison: All right. This is a public hearing. If there is anybody online that would like to provide testimony, please, use the raise your hand feature and we can bring you in or if there is anybody in the audience that would like to provide testimony on this item, if you would like to come forward at this time to provide testimony. Seeing nobody wanting to come forward or online, Council, any comments, questions, or otherwise or motions to close the public hearing? Meridian City Council Work Session September 6,2022 Page 5 of 23 Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Maybe a quick comment while we have everybody from Republic here. So, welcome. Appreciate you guys joining us today and while this is not part of the actions before us next, I just want to thank you guys and commending you for moving the entrance to the transfer station. That's a huge impact on Franklin Road and I think saves a lot of frustration for our motorists. I know that took some extra action. I just want you to know it's noticed and appreciated. And unless anyone is jumping in to make a motion, I will move that we close the public hearing on Republic Services solid waste fees for -- proposed fees for 2023. Strader: Second. Simison: I have a motion and a second to close the public hearing. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. 30. Resolution 22-2342: A Resolution Adopting the Fiscal Year 2023 Rate Schedule of Solid Waste Collection Services; Authorizing the Finance Department to Collect Such Fees; and Providing an Effective Date Simison: Next item up is Resolution 22-2342. Ask the Clerk to read this resolution by title. Johnson: Thank you, Mr. Mayor. It's a resolution adopting the fiscal year 2023 rate schedule of solid waste fees collection services, authorizing the Finance Department to collect such fees and providing an effective date. Simison: Thank you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Did good work with staff and our Solid Waste Advisory Commission and, of course, Republic Services. I liked our conversation last spring and think this is an appropriate time. So, Mr. Mayor, I move that we approve Resolution 22-2342 with suspension of rules. Strader: Second. Meridian City Council Work Session September 6,2022 Page 6 of 23 Simison: I have a motion and a second to approve Resolution 22-2342 under suspension of the rules. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the resolution is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. Simison: Mr. Nary? Nary: Mr. Mayor, Members of the Council, if you could back up to that recycling process contract amendment, because that is an MOU, so it does need a motion and a second and a vote to approve. Simison: Up in 29? Nary: Yes. Up in 29. Simison: Okay. So, we did the resolution appropriately. We just have one other thing to do from Item 29. Nary: Yes. Simison: Okay. Nary: Thank you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I move we approve Item 29 as presented. Bernt: Second. Simison: Does that work for you, Mr. Nary? Nary: Yes. Simison: Okay. I have a motion and a second to approve Item 29. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, absent; Strader, yea. Simison: All ayes. Motion carries and the item is agreed to. Thank you very much. Appreciate you all being here. Meridian City Council Work Session September 6,2022 Page 7 of 23 MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: A little bit out of order, but just some -- a little bit of context that a lot of times when there is not input -- there is not public input I just think it's a byproduct of good vetting done up front. Republic Services has been a fair partner with our community for years and years and years and through good times and bad has -- has put a fine point to the numbers to make sure it's fair for our community and -- and we have asked tough questions at times. So, we appreciate the partnership. I think that nobody's here asking questions is a result of just a lot of good work done on the front end by your team. So, thank you for the continued service. Appreciate it. 31. Parks and Recreation Department: 2022 Sparklight Movie Night Update Simison: All right. Then we will move on to Item 31, which is our Park and Recreation Department 2022 Sparklight Movie Night update. Renee. White: Thank you, Mr. Mayor. And I do have a presentation, which is really more just pictures. Because I am an event coordinator, so -- there we go. All right. Oops. Take me back. There we go. Okay. And the term take me back, that's where I actually wanted to start it with all of you. If you could all come back with me to the beginning of the summer. I know it seems like so long ago before the heat struck and we were all very very excited to start this series of movies in the park. Are you with me? All right. Well, of course, our very first movie we had some unruly children, teens, youth. They were excited to come out, but they were a little too excited and they would not behave. So, with that in mind we were able to get some folks together in the Mayor's conference room, which included Park staff, police and, of course, chief of staff. We put our minds together and -- and came up with a variety of new policies and procedures to protect the event. We wanted to go back to a family friendly activity in which families could sit and watch without the disruption of loud and unruly children and so with that teamwork we were able to identify a variety of things that we needed to do. We increased our hired security from four persons to ten, instead of them showing up when the movie started, which is really when the park generally closes, they showed up at 7:00 o'clock to help us put on wristbands, which was one of the other changes. Everybody who came into the Movie Night area was given a wristband and anybody that was under 18 had their parents phone number written on those wristbands. We required a -- yeah -- the wristbands and, then, we changed the event flagging was the other really big piece. So, we had had some pennant flagging and we changed that to a solid event fencing and so we had designated entrances and exits and, then, along with that we let the public know that if their kids were under 18 they were not -- they had to accompany them to the movie. So, anybody that was under 18 had to come with a parent. So, I'm here to tell you how that worked. Any guesses? It was spectacular. Exactly, thank you, Councilman. No, it was a -- it really Meridian City Council Work Session September 6,2022 Page 8 of 23 was a genuine huge success. I think part of the changes that were most successful came because the -- all of our social media really went viral. We let the families know, the parents know. We were picked up by KTVB. We were picked up by the Idaho Press. I know Maggie O'Mara mentioned it. I know we had over 15,000 views on our social media post and lots and lots of comments and one of the things that pleased me the most was that the -- whenever there was a negative comment the families spoke to each other about, yes, it really was that bad and we really would like the city to -- to stand up and -- and do something and so we were able to put all those pieces and parts in place and it was wildly successful. In part I do want to say it was successful because of our police team that was there. We can't -- we can't do that without them. The -- we had a variety of kids who did show up, either hadn't seen or were testing it out, and the police -- our PD engaged those families, engaged those kids, let them know why the rules were in place and made sure that they -- if they came back they came back with a parent. We had a few parents who tried to come and sign in their kids, like, oh, hey, I'm going to sign them in and our security team did an excellent job of explaining why the new rules were in place and that they were more than welcome to come in if they were going to stay with their kids and with all of those things it was a very quiet Movie Night. So, it was a -- it was a huge success. I wanted to talk just a little bit about the cost and how those varied from previous years. So, going into the season we had enough sponsorship to come out positive with 775 dollars that, of course, we leave a little bit of play in there for supplies and things that need to be replaced or redone, like signs. Instead we came out negative of 3,600 dollars. That was just for Movie Night expenses. So, you will see that our -- what our boys -- or our Meridian PD support, that line is actually empty. I'm going to let John speak to that if he would. Gonzales: Mayor and Council, thanks for allowing us to talk about this, because for the Police Department this was a great opportunity to work with the community, but our overtime costs to make sure that we had officers there and being able to support this event -- our overtime cost itself was 5,196 dollars. White: So, it was a little more expensive, but it was a great event. Any questions? Simison: Thank you, Renee. Councilman Cavener. Cavener: Thanks, Mayor. Renee, appreciate you, PD, just the whole Parks Department rallying together to continue trying to keep this event a success, at least for '22. Recognizing, you know, we are barely into September, what is kind of the thought about where Movie Night goes from here? What discussions have occurred and do you have a recommendation at this time or is there a future presentation about what the future of Movie Night looks like? White: Yeah. I don't have an actual presentation for you right now, but what we are tossing around is the idea of having six Movie Nights and, then, six outdoor concerts in Kleiner Park at Park Live has been in the -- in the works since before COVID and I know we would really like to be able to offer the community more activities, do more things. The attendance at Movie Night is -- you know, the first one was our largest and, then, it -- it Meridian City Council Work Session September 6,2022 Page 9 of 23 hovers around maybe 800. 1 would love to be able to combine those into six nights and, then, offer some different activities for -- for families in -- in a different park. Cavener: Mr. Mayor, follow up? Simison: Councilman Cavener. Cavener: Renee, if that's the direction you -- you follow, I assume the same model that kind of was successful the later part of this year is what you would want to have as kind of the standard going into '23? White: Absolutely. All of the changes that we made will be standard operating procedure. I can't imagine going backwards. While I wasn't sure that the wristbands were going to be well received, we were really amazed that families were thankful. They had no problem putting them on. Everybody really understood why we were making the changes. So, those will be our standard operating procedures now. Yep. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Question for Renee or John. Do you think these changes had the --the tweeners, the teenagers change their behavior and it improved or did they stop showing up? White: They quit showing up. Borton: Okay. White: And I think it's because we think parents finally understood that it -- they were being disruptive and quit letting them come. Borton: Okay. White: I mean that's what my crystal ball says. Gonzales: If I might add to that a little bit. We did have a heavier police presence the first few nights after the reopening,just to make sure --we didn't know how that was going to be received and, realistically, we would have a few young people show up without parents, but quickly that got resolved and so I think they quit showing up just because they knew it was going to be difficult to get in. Borton: Mr. Mayor? Simison: Councilman Borton. Meridian City Council Work Session September 6,2022 Page 10 of 23 Borton: You got some teenagers that are good I presume; right? Some 14 year olds that aren't unruly? White: Absolutely. Borton: Yeah. So -- White: Yeah. Borton: Some are there, but -- White: Yeah. And they came with their parent or guardian. Obviously, we had -- if you came with your kids and their kids' friends, there just had to be an adult there responsible for the entire group. We did have one group of like ten that came in that we all kind of were like, oh, that seems like a lot. But it was made clear that they were here to see the movie. They would have to sit and if we had to talk to them, because they were disruptive, they would be asked to find another activity for that night. Borton: One other question, Mr. Mayor. Simison: Councilman Borton. Borton: Renee, as part of the work -- these improvements that you are talking, which I think are fantastic -- that for next year to do things even better and different, do you -- do you gather information from those attending the events somehow to see what types of things they would like to see better or in addition to? White: That is a great question. We get a lot of feedback from people who like it or don't like it. As far as, you know, what else they would like to see, I think that falls to some of our strategic planning and -- and -- and other tools. But that's a great idea to maybe implement something at the events. Borton: Okay. White: Yeah. Borton: Fantastic. Simison: Council, any additional questions? Renee, I just want to say thank you. I -- I know after that first weekend it was hard and there were a lot of, you know, conversations about trying to keep this moving forward and -- because it has been part of what has really defined I think a certain portion of Settlers Park in our park system, you know, for the last 15 years and it's important and if -- if it is -- if it's time to move on, change, let's have that conversation. I think -- you know, we had already talked a little bit about maybe this is one of those elements. But we appreciate the team, everyone getting together and -- and making this last season work. We hate to cancel something that we already have in Meridian City Council Work Session September 6,2022 Page 11 of 23 motion, but we understand if change is what we got to do we will implement the change in the best way you all know how and -- and works for the community. White: And I would just say now that it's a friendly -- family friendly safe event, you know, we can -- those discussions have changed a little bit, so -- yeah. Simison: All right. Thank you. Appreciate it. White: Thank you. 32. City Council: Housing Policy Discussion, Philosophy and Direction of City Efforts Related to Housing Affordability Simison: Okay. Next item up is Item 32, City Council housing policy discussion, policy and direction. I'm going to turn this over to Council Woman Perreault. I don't know if she is going to do it from up here or if she is going to do it down at the podium. Perreault: Thank you very much. I did put together a basic slideshow to, hopefully, guide our discussion this evening. I e-mailed it to Chris. Chris, I don't know if you want to open it on your screen or if you can share the screen with me. I'm not sure how that will work. Johnson: Mr. Mayor. Council Woman Perreault, you may want to share your screen. I got an e-mail with no attachment. Perreault: Oh. My bad. Do you -- is it easier -- which way is easier? Johnson: If you are comfortable sharing your screen that works just fine. Perreault: I am. Okay. Can it be seen? I'm not seeing the Zoom option that's allowing me to share. Okay. I'm down here and it's going to let -- thank you. Okay. I haven't done this often, so we will see if I can make this work. Okay. So, everybody can see this? So, the first question -- there is a series of about four questions and, then, follow-up questions that I'm hoping that we can answer tonight. The first one is just the broader question of should the City of Meridian play a role in fulfilling the housing needs of our residents and why or why not. I think there is a philosophical component to that question and a practical component to that question. So, I just wanted to hear Council's thoughts on that bigger picture decision of whether we have a housing policy for the City of Meridian. Borton: Mr. Mayor? Simison: Council Woman Strader. Strader: I'm happy to maybe give some thoughts. I don't think it's an easy answer. When I think about housing, the biggest challenge to me is that we have limited resources and the biggest drivers of the price of housing are completely outside of the city's control. So, in the macroeconomic environment, supply and demand help determine the price of Meridian City Council Work Session September 6,2022 Page 12 of 23 housing and especially I think the interest rate environment set by the Federal Reserve through its -- indirectly through its banking policies and so I think what I'm struggling with is I sort of look at -- we have had a lack of affordable housing in the city and that is a nationwide problem, it is not unique to our city, and it is a huge need. It's like an ocean of need, but the main drivers of the price of housing are not within the control of the City of Meridian and so -- yeah. That's one of the things that I think is just important to -- as I ground myself in the discussion is just keeping in mind that if we were to do something to try to fulfill housing needs, the impact -- I think the scope of the impact we could have might be fairly limited on a citywide basis and so that's just a comment I wanted to make as I have been thinking about this. Yeah. That's something that I'm struggling with separately. Like to me the most acute need is homelessness prevention, because of the use of services and like if I were to triage the problem, because we have had a lot of discussions about it, to me the most acute need is homelessness prevention. I see that as the number one priority and, then, past that I think if there are things we can do on a citywide basis to encourage an offering of more housing affordability or a program -- you know, we can look at it, but I think we have to be realistic about the impact that we can have. So, that's just kind of what I'm grappling with. I don't think for me I think in light of our resources. That we have available, you know, I don't believe it's possible for the City of Meridian, for example, to offer housing to every family that's in need within the City of Meridian. That's really hard. I just want to acknowledge that, though, because that's, you know, something that's a big challenge. I -- one more comment I just wanted to make generally and, then, I will be quiet, so other people can chat. I mean you have been looking at this issue for a long time. So, if you have suggestions, you know, I'm totally open to hearing them. You know, our housing market is arguably one of the most overpriced housing markets in the country at this time, depending on who you talk to, but in a rising interest rate environment that should cause -- hypothetically that should cause the price of housing to eventually go down. So, if interest rates keep going up, then, the market may actually -- we could head into a recession, we could head into a situation where the price of housing goes down and we have a new set of problems. I am very interested in tools that take advantage of the timing of our cycle in terms of where the market is and so issues like a -- the city acquiring land at really advantageous prices, if we think there is a use for them, things like that that I think are appropriate for the timing of the cycle. I would be open to it at that time. Those were my general thoughts on that one. Perreault: Thank you, Council Woman Strader. We -- we will touch on some of those options and possibilities over the next several months. So, this is just a big picture discussion about does the city feel there is a need at this time to serve our residents in this way. The -- the economic factors that you mentioned, those will shift and from a long term standpoint having a housing policy will hopefully guide us in our response to those shifts. So, the idea of a policy would be that when we do have members of the public or private development come and -- and make requests like we have seen this year, then, we will have a way to guide us to answer those requests, instead of taking it on a case- by-case basis. Part of the reason why I had decided to start researching this and go down this road is that as I have read a variety of different reports regarding housing affordability, housing that is, you know, a roof over your head, but dilapidated, housing and security, Meridian City Council Work Session September 6,2022 Page 13 of 23 there is a very significant need valley wide and there is a very significant need in Meridian and I don't think that the requests that we received this year are going to slow down. So, in my mind because we are seeing -- moving that direction it would be wise for the city to put together some sort of guidelines for how we will respond to those requests in the future, which is part of the reason why I asked for a work session this evening and, then, in the next couple of slides I will show a -- a timeline of what I hope to go through to get us to that point. Borton: Mr. Mayor? Simison: Councilman Borton. And I'm -- I'm just letting Council Woman Perreault -- Borton: Okay. Simison: You guys can all address any comments directly to her. Borton: You go to the next slide or do you want more discussion on this? Perreault: Yeah. I would like to hear your thoughts on these items if -- if anybody else has thoughts to share. Borton: Yeah. So, Council Woman Strader is spot on I think in the --the variety of factors outside of our control which impact this. So, it's never been something that's been, you know, within the control of local government to really -- to remedy, to put it bluntly. Does this city -- I guess to your first question -- play a role in fulfilling housing needs? Certainly it does. I think it's more indirect in -- in the manner in which we do long-term planning and -- and anticipate what is now a little more diverse housing stock and -- and different opportunities to find a way to reside in Meridian at different ages in your life, acknowledging that well designed, thoughtful, creative multi-family starting to play a role if the bar is high enough that you can have and that's relatively new to our community. Some ways to -- to remain in our community at different age groups in the manner in which we minimize the way we regulate and the efficiencies we create in our development community's ability to provide these unique housing opportunities, diverse opportunities. That's meaningful. It doesn't solve problems by any stretch, but it certainly plays a role in trying to encourage and assist someone to take the risk to bring this product to the market. So, we have -- we have been here long enough, we have seen this community evolve rapidly to a large degree with what's available for housing. So-- I got to my glasses on to read this. That's -- that's my take on the play a role. Yes. But I think it is certainly, from my perspective, very limited for a lot of the reasons that were already described. But it's a -- but it's a role and I think if there is some role, this idea of -- of trying to do a more surgical, targeted, pointed, measurable housing retention is much higher on my list than anything else philosophically trying to assist our residents in some scenarios to retain and remain in Meridian philosophically is higher on the list. So, those are my thoughts on the framework of the question. Meridian City Council Work Session September 6,2022 Page 14 of 23 Bernt: Mr. Mayor? So -- or Council Woman Perreault, I -- I'm really grateful that you have taken this opportunity to present and to help us understand more about the housing needs in the City of Meridian. I have -- I have always been in support of one offs with regard to -- whether it's ARPA funds, whether it's CBDG, whether it's other forms of one offs where we are able to help the community in some way with -- with housing needs. I think that's important. What -- and this is the reason why I -- one of the reasons I'm excited to look at the rest of your slides, because I think that we might -- this discussion might be a hair premature. I would like to see more about what your -- you wanted to show us, but I think what I'm trying to wrap my arms around -- hopefully we will talk about this in, you know, maybe some future slides, is what that -- you know, what the City of Meridian -- what municipalities in general can do ongoing regarding, you know, the housing crisis and haven't seen a solution yet that I'm comfortable with, to be completely honest with you. Cavener: Council Member Perreault, I like that you are seeking feedback from all of us. It's good. It's good preparation. We have all got comments we have got to share. I feel like -- Council does this presentation, just -- the subject of housing in general feels a lot like, you know, a bunch of pieces of a puzzle been poured out on the table and they said, City Council, go put it together. There is some of us that are going to start on build a border, there is some of us that are going to start in the middle, find similar colors -- we all have our own approach that we want to work to solve this and so I appreciate the -- the good comments from my -- my colleagues and I think the short answer to your question is -- is, yes, we -- I think we do have a role. The bigger question is what is that? I think Council Member Strader hit the nail on the head, at least as a starting point, is that we don't want any of our residents to be homeless. I think that's something we would hopefully maybe all be able to kind of coalesce around. How do we solve that? Is it Meridian's job to solve a regional challenge? Is it Meridian's job to have a role at that table? What does the City Council or the City of Meridian require of others who want to operate in our community to help to contribute to solve that problem and I also think, with all due respect, I disagree, I think the city does have some control in this. The rate in which we process applications -- if you are a developer you are looking 12, 18, 24 months out, you are speculating, you are wondering what the market's going to be like. There is a significant amount of risk that our applicants take and in order to mitigate that risk it impacts the cost. So, if there are things that we can also do internally to expedite that process, slow that -- or shorten that window to make so that the expectations are more consistent from the development community, I think that also can have an impact on cost. So, I don't think -- I don't think you are going to get any concern from this Council about that we have got a role. The question is what is that role? What is ourjob as the Council? Is it our job as a Council to hold ourselves internally? Was our job as a Council to require of others and what -- what is the solutions with our limited resources and there are so many levers you can pull, what are the levers that we as a -- as a body feel comfortable focusing on. Strader: Council Woman -- Perreault: Mr. Mayor. Thank you, Councilman Cavener. That is a fantastic synopsis of -- of what I have in mind. So, these slides are not -- I'm -- I have no intention of presenting Meridian City Council Work Session September 6,2022 Page 15 of 23 a solution this evening, because we have to decide if we are willing to play a part and if we are not willing to play a part, then, that cuts short my efforts to find solutions and present solutions. There is no reason for me to go and seek those solutions out if Council isn't willing to decide whether they want to play a part, whether it's from changing city code, whether it's from -- whether it's a financial part, whether it is a way for us to just have a role in -- in helping with private development to -- to meet those needs. If-- really, the -- the question is do we want to have a part in this and if we do what do we want that to look like. Until we decide that -- because I haven't heard a consensus on that yet in -- in the conversations I have had, then, there is no point in me presenting any solutions. So, this -- for this evening there -- this is just a series of questions to help understand where we as a Council are and -- and understand what we believe our role should be and if we don't come to some sort of similar thinking about our role in housing in our community, I don't know how we will ever find consensus on any solution, whether -- excuse me -- whether it is code changes, a land trust, you know, contributing to impact fees or waiving building or permit fees -- until we decide that we want to play some role, then, there is -- there is -- you know, we really have to come to an agreement on that first. And so this -- the intention of this was just to go through a series of questions to bring out what all of us have maybe considered, but -- but maybe we haven't said it out loud, because this is really the first time that we have had a discussion on this and sort of nonnegotiables. So, if -- if all of us said, hey, I would like to -- I think the city should have this involvement in housing, but I definitely wouldn't want to do this or this -- we should have an involvement. This is the minimum I think we should do. These are the things that I'm hoping to have said this evening. So, we will move on to the next slide. Housing policy. Affordable housing opportunities. This year we received two significant requests to financially participate in affordable housing efforts by two local nonprofits. Not having a housing policy to guide the response to those requests made the process challenging for both the nonprofits and the city. The nonprofits didn't have a guide for what and how to make their requests and the city did not have a guide in how our residents would like us to respond. So, in the future if we have these requests come before us, the -- the entities that make those requests have really no idea what to expect when they come and discuss housing with -- with the City of Meridian, because we don't have a policy that states -- we have a comprehensive plan and the strategic plan that say that we are committed to encouraging workforce housing, but we don't have any guidelines that says if you were to come and engage us in a public-private partnership how we might respond. So, is it time? Future similar requests are likely to be given in the years to come with the rising costs of rents, population growth, and relatively low area incomes. As Council Woman Strader mentioned, we are considered one of the most unaffordable housing markets. It's not so much because our cost of housing is higher than other markets, it's because our incomes don't keep up with that. So, obviously, there is other metropolitan areas in our country that have much higher housing costs than we do, but we just don't have the incomes, too. So -- so, that's a whole other element of housing that we are not even going to have a discussion about. As far as the timeline, this evening we are having just a discussion about whether the city wants to continue to pursue efforts to discuss the role that we can play in affordable housing, hoping to have some details about preparation in regard to what extent we would get involved. So, this is just a discussion. Do we want to get involved. Don't we? Do we want to get -- do we want to create a policy? Do we Meridian City Council Work Session September 6,2022 Page 16 of 23 want to possibly have a budget line item in FY-23? Big picture questions. Late October, early November I would like to -- to have a -- a further -- if the answer is yes to these questions, I would like to have a further discussion about what types of housing options we would consider. Do we want to focus on a particular income group? Do we want to focus on emergency needs? Homelessness? Do we want to focus on housing projects that might be coming into the area? What kind of -- of participation would we have? So, that would be the second discussion. Third discussion would be potential draft policies by the end of this year and, then, planning efforts. So, we would look more at a sort of a -- I don't want to call it a housing program, because it's not like what Boise is doing where we are actually stating this is how many families we intend to help, but it would just be some guidelines based on the decisions that we make about what area of housing that we -- that we feel comfortable investing in and, then, policy implementation. So, that would be a final written policy that we would review and decide to implement or not and, then, decide after all this is done by the middle of next spring towards the budget season if we decide that there would be an opportunity to provide any kind of budget -- budgetary commitment and I would not ask that question until we got, you know, significantly into whether there are actual -- there are actual ways that we can move the needle in this process such that it would drive us to be able to contribute financially. And I'm not talking about specific projects, I'm just saying do we set aside a budget line item for -- for the area that we decide we want to consider investing in? Next slide is what are Council's thoughts on having a budget line item for '23? 1 don't have a particular amount in mind. After seeing the decisions that we made this year, we know that there is more of those to come. If we had a policy that all of Council agreed upon would there be a -- an interest in having a budget line item or is there a belief that the city is not in a position to do that at this time? Borton: Mr. Mayor? Well, Council Woman Perreault. Perreault: Councilman Borton. Borton: I cannot not go through you. You are running it. I don't know I guess is my answer. I'm pretty data driven in -- in how I understand first and, then, decide policy second. I don't know if I understand yet. So, a lot of these questions might be a maybe. I just don't know. So, if -- I mean one of the premises of the discussion is that there is a -- you know, a measurable problem that local government can solve. So, I think that's some of the data that you might have and you might have dug into the details, but if I were to say, hypothetically, there is no housing problem in Meridian, there is nothing we could do to have any real impact at all and there is no data to support that we could do anything. That's how I would -- I would challenge the original premise to see probably a lot of the good work and maybe that's coming up in some slides or some discussion that you can help educate us, because whether or not these are solution based questions that all assume there is a problem that's solvable and that's where I'm behind the curve a little bit. I don't have the data that makes me think, oh, there is something local government that's measurable that can be done that provides a real impact on --you know, that original response about there is, you know, 27 variables that impact the price of housing. We play a role in a couple of them, but the vast majority we don't. You know, with that framework Meridian City Council Work Session September 6,2022 Page 17 of 23 1 struggle to find -- and it would look for the data that would help me know whether or not we would want to get involved at all. Because I could see a path where the answer may candidly be no, other than certain limited areas like we do now. But maybe there is some data that I'm missing, so -- Perreault: Thank you for that. So, as far as data goes, there are --there are some market studies that have been done by private development. There are some elementary sets of data from Housing and Urban Development that are two or three years old, which I -- that's just how they run. They are two years old. And so there is -- there are pieces of data, but there is not a set study that I could bring to you that says this is exactly what's going on in Meridian and I had hoped to do that, but it would be it -- it would be something that the Council would, obviously, have to approve and in my conversations with our CDBG director there are funds in the -- this year administrative funds that would -- that could cover the cost of -- of a housing study. If Council said we don't feel comfortable making any decisions until we truly understand the need, I agree with that and that's the direction I would like to go. But that's something -- again, Council would have to say this is something that we want to discuss is we want to move forward with looking at our housing needs and decide if we wanted to, you know, move the needle on it or not. And so it's -- you are right, it becomes a chicken and egg thing. Do we do a study for need and, then, say we don't think the need is there or do we do a study for need and say, okay, the need is there, we still don't think that as a philosophy the cities have a responsibility to provide housing. So, yeah, exactly -- if you are -- if you are grappling with it there is a good reason why, because it is -- it's very much that circular situation. Borton: So, to just close the loop on that, one example of -- of a data point which to me is really interesting and it came from Jesse Tree discussions and data they have, but to the -- to the narrow window of Meridian residents, whether in a home or an apartment who reside here with school aged children who are facing eviction or foreclosure or losing their property, is -- that -- that's a known number and that's an example of a data point I would like to know more about; right? Is it ten or is it 1,200? Because that's something that -- that perhaps local government can address, whether it's through Jesse Tree or some other program, but that's an example of something that is -- is tracked and it's very local and it's not a national study. I think there is -- you can get studies on a national perspective that say anything you want, especially on this topic, so some of the more finite micro data sets are of interest. I think school aged children and senior Circuit Breaker veterans, so -- some segments of our -- of our community that we might be able to put a focused attention on, you can create some measurable real benefit. Strader: Councilman Perreault? Maybe some more feedback. Things I'm open to discussing. Funding in a future budget. Our homelessness prevention. I think that's a -- and I think there is a fiscal rationale behind that, because every person that we keep from homelessness we are saving our area and services ultimately, even if it's another taxing district. The retain and remain discussions about like Circuit Breaker, for example, I'm open to having those discussions. My concerns are demographic in nature, so if a larger and larger segment of our population becomes of a certain age range, I don't think that Circuit Breaker is viable. So, I have concerns about that, but that's something I'm Meridian City Council Work Session September 6,2022 Page 18 of 23 open to having that discussion with a lot of like thoughtful study and looking at a lot of data and -- and projections. I'm open to nonfinancial incentives. You know, for example, Caleb Hood had provided a spreadsheet with a number of options. I'm open to Meridian creating an attainable housing program where we do a combination of reduced setbacks, maybe density bonuses, things like that in combination for a developer setting aside a portion -- like ten percent of their units as more affordable, but I will say I'm highly skeptical and part of the reason I'm skeptical -- even -- I loved Councilman Cavener's point about, you know, shortening the window, making things easier, anything we can do like that is helpful, but just like one vignette, think about the last two years, how many Class A apartment projects have we seen? Probably 95 percent. They are all highly amenitized, beautiful, they are to Meridian standards; right? And how many Class B or Class C apartment projects have we seen and how many do we want to see? So, that's why I think we have to be extremely thoughtful about how to go about those incentives. But a program that tried to use more nonfinancial incentives that was a combination of things we thought would move the needle, you know, I'm open to that. It's not so much of a -- a budget allocation, but it is indirectly if we are not taking in some of the same fees that we normally would. But, you know, like if you were to do a housing study and the housing study were to come back -- and I'm sure it would and it would show we have a huge need for more affordable housing, I don't think it solves my fundamental philosophical concern, which is even if the City of Meridian allocated its entire three percent property tax increase toward solving that problem, I think the amount that we could impact that market is negligible and so that -- that -- that's my biggest worry. It doesn't mean we shouldn't try to do things like that are within our control, you know, again, maybe with the -- with the incentives in a package of attainable housing, try to get more developers to do it and answer that. But that's why I -- I have a philosophical disagreement with Boise's, you know, approach to directly funding more affordable housing projects, because I don't think that it's -- I don't think that it's an effective approach for a local government to solving the problem at the end of the day. Perreault: Thank you, Council Woman Strader. I want to make sure I am hearing you correctly. What -- what I'm hearing is if we can't solve the whole problem we shouldn't solve a portion of it. Am I understanding that correctly? Because that's -- that's how I'm perceiving that. And so I feel like if we can solve, you know, any portion of it we are farther along than we were not doing anything. Strader: Oh, I don't think it's -- it's not that it's not a worthwhile goal, it's just that I think you have to have the humility to understand the scope of what you can impact as a governmental entity in this situation. I think the -- we have to have that as a grounding in what we are doing. I just gave you three examples of things that I think are worthwhile tools to solve the problem. So, I personally am supportive of putting direct budget funds toward homelessness prevention, talking about Circuit Breaker and, then, talking about an attainable housing program with a combination of nonfinancial incentives through the Planning Department and I would hope led by the Mayor's Office, because that's where I think this -- really we need some leadership I think in combination with Planning to do a program like that. I'm not saying it's not worth doing anything, I'm just saying I think it's Meridian City Council Work Session September 6,2022 Page 19 of 23 incredibly important that we have the humility to understand the scope of the problem and what we are actually capable of -- of doing. Cavener: Council Member Perreault, I want to dovetail a little bit, because I -- Council Member Strader touched on something I guess is probably where I'm at. Recognizing Council has been really receptive to -- an organization comes and makes a request and we are -- we are open to that conversation. To Council Member Borton's point it may be a no, but having a good understanding about -- if any dollar amount, what that achieves and is it -- is 250,000 dollars, is that a fraction of a drop in the bucket and, really, we need to be talking about two and a half million or 25 million dollars or 250 million dollars, what is that -- that amount? The piece that I -- I really would encourage us -- if we are going to continue this conversation over the next couple of months -- is really coalescing around one thing, a crawl before we walk approach, and so if it is our affordable housing is going to focus first on insuring that Meridian residents aren't homeless or maybe it's keeping Meridian aged families with kids -- families and kids in their homes or moving Meridian renters to Meridian owners. Whatever -- whatever it is I think that starting with at least a thing that we can coalesce around and, then, identify this is the budget needed to impact whatever change that we have agreed on. So, the other piece that I think is -- is really really important that to me I think we should be discussing sooner rather than later is is our philosophy going to be external organizations. So, organization X comes to us and asks for money because they can do it and we funded it on a onezy twozy -- a request basis or do we build a program and is that program staff led that builds that plan for us. I -- I could go either way. I get a little reluctant on -- building a large staff platform where those resources could be better used to -- to providing direct housing, but I also think that if we are wanting to build a plan, that plan can't solely rely on outside organizations coming to us on an annual basis or on an ad hoc basis asking for funding for a particular project. Perreault: Thank you. So, as I set out on this path my intention was not for the city to create a housing department or to staff a way to distribute city dollars. That was not at all what I had in mind. I don't think that that's something that our residents would at this time be supportive of and that's not at all what I'm proposing. So, just to answer that question, Councilman Cavener. I just -- we are the second biggest city in the state and we have nothing in our policies that discuss what's happening with housing in our community. So, whether we do a financial -- whether we do a budget allocation, financial contributions of any kind, that's a -- that is a question, but I don't want to answer that question before -- do we think it's necessary for us to have a policy that guides how we handle housing outside of our comprehensive plan and strategic plan, so that we can help respond to the needs of our community if requested. That's the number one thing. I mean, obviously, it was brought to us this year and kind of -- kind of fumble around with it a little bit, because we didn't have anything that guides us and so I want to -- at minimum a skeleton framework of something that guides us in how our city responds to housing concerns and requests. That's the number one thing. The number two thing is how far do we go with that? Do we proactively start to seek out opportunities? If I'm hearing everything correctly, it's not -- there is not as much of a desire to proactively seek out opportunities as there is to perhaps find an established -- to find out what the established need is and, then, see what things that we can do first that are nonfinancial and, then, move on to Meridian City Council Work Session September 6,2022 Page 20 of 23 deciding if there are areas of housing needs that we would want to meet, whether we start with the homelessness factor, whether we -- if -- whether we set aside a budget for any affordable housing requests that would come forward, like we have seen this year, to do what we did with the ARPA funds, but be -- consider doing that with General Fund dollars. Those are the kind of things that we as a Council need to decide. Now, Council, I -- I don't think it is worth our time to come up with a whole bunch of solutions if we haven't decided that we need to solve the problem or a portion of the problem. So, that's, again, where I wanted this discussion to go and is -- is there -- are there opportunities that we would consider addressing? Do we think that there -- that -- that the city should involve itself in that in -- in some capacity. So, if -- if the answer is it depends, it depends on the type of project, well, we all have different depends. I might -- I might agree to -- I might think that -- you know, for me homelessness prevention isn't my priority in this, but if it's other Council Members priority, I want to have that discussion. I want to know. I don't know that we can really determine that unless we know exactly what our needs are to Councilman Borton's point, but, then, Council needs to decide do we want to go about formally figuring that information out or do we want to seek out our community partners to share that information with us? I have already sought out a lot of that information. I don't have it in a finalized format yet. A lot of the information is a couple years old. Is that okay? Is it okay to have two year old information for us to make a decision next year? So, I need guidance from my fellow Council to go down this path and I haven't -- that's -- that's the -- that's the point of this conversation. So, I knew that we would likely need to have more than one discussion. This is just really a presentation to get us thinking and want to hear some more -- some more detailed feedback on what direction we think we would go and there are some generalities and there are some specifics. So, just two more quick slides. In order to --we --we talked a little bit about the chart that our Planning Department put together and was presented in April. I have been working with our Planning Department on the specifics of that chart. We have gone through each individual item. Planning is -- is taking some of those proposals. Density bonuses, for example. Doing some more research and hoping to do a presentation for us about mid-October and so we are -- we have already gone down the road of -- of looking at what the nonfinancial opportunities are for code changes for possibly easing up some of the restrictions for a qualified project. That's part of what's in that chart is a qualified project. So, we discussed, well, what is -- what does that mean? Do we base our qualifications for a project on the HUD categories, which are defined here? Do we create our own categories for the City of Meridian? HUD categories are great, because they are standardized. They are used all over the country. The AMI that's determined is specific to Ada county, but it is not specific to the City of Meridian. Do we need to do more research and figure out Meridian's numbers versus just Ada county's numbers. So, that's the next thing that -- that we will want to figure out. We really cannot even go down the road of making code changes or -- or looking into the idea of working with our private developer community members, unless we decide what a qualified project looks like. So, be thinking about what you think a qualified project would be. If it's based on HUD categories, do we look at that the same in the City of Meridian and why or why not and, then, just very quickly the last slide I have in here is just a couple of quotes from our comprehensive -- comprehensive and strategic plans. In my opinion we have not made Meridian City Council Work Session September 6,2022 Page 21 of 23 workforce and affordable housing high priority. Yet our comprehensive and strategic plans say that we will. So, that's where I feel like this discussion was timely and warranted. Strader: Councilman Perreault, just some feedback, you know. I think it's -- any policy, think, should come from a set of shared principles. So, that's my suggestion for you is take a stab at maybe five shared principles you think most of Council shares about housing and maybe present those and -- and if it's things from the Comprehensive Plan, like opportunities for housing should be available for all income groups, you know, that's a principle; right? Things like that I think -- I think if you started with principals, then, maybe you could get some consensus. I just think it's hard to say we need a policy. I don't know if we all agree on -- on the principles that a policy would be based on. I don't know. I'm just trying to be helpful. I think you have to start there before we could even talk about 120 percent of AMI, is that -- is that what we are going for; right? Like I think it's got to -- and maybe -- some of the principles that I heard today, you know, I think -- I think some people on Council think that there is a real value in trying to prevent homelessness to some extent. I heard that a lot of Council shares a belief that it's important to try to help Meridian residents stay in Meridian. You know, things like that. think if you sort of started with things you think there are some consensus on, maybe that would lead us to some policy recommendations. I don't know. It's a big topic and I really admire you for trying to tackle it, because it's an incredibly thorny and very complex topic. Perreault: Definitely. It was a struggle to even come up with categories to discuss today, because it's just so massive and I know I'm asking a lot of open-ended questions, but because it is such -- as I mentioned before, because it is such a -- a massive topic, getting some consensus on whether Council believes that there is a need to pursue our role in housing in our community is really where I have to start or, you know, it's -- it's not worth going through all of that effort to make that determination. If-- if I spend significant amount of time putting together options and, then, we kind of come back around and say, well, you know, we just don't think it's the right time to do this for our city, it just won't be -- it won't be an effort that's beneficial to any of us or our residents. So, that's -- that's really what I -- what I am hoping to get some feedback on. And, of course, this is going to be a continuing conversation, so I know we are not going to have an answer for everything this evening, but this is going to feel messy; right? Because it -- it's a big topic, but also because it's the first time we have really discussed this on the dais and there aren't obvious answers and my hope and goal is to get there and I realize that it's going to take a significant amount of time, investment, and effort and I want to do that. So, if you have -- as Councilman Borton requested, I'm happy to go out and find additional pieces of information and gather those, put them together in a way that's -- that's, you know, palpable and brief. I can do that. If there is any other requests that you have from me about what you need to make these decisions, I'm -- I'm very much happy to pursue those things. Simison: So, Council Woman Perreault, I -- I would just like to quote what Councilman Bernt said. For -- for me it -- it would be awesome if you could take your months of hard work and present what you think you have heard, found to -- to try to get people up to a -- I'm not going to say a level where you are, but a 50 percent or 30 percent and, then, Meridian City Council Work Session September 6,2022 Page 22 of 23 when we hear questions maybe those are the areas where you can bring in that outside people to help educate, because I think that's an important part of this conversation is the education part for everyone in order to make some policy decisions or find those areas where there is really an identified need. So, that's me. I'm -- I'm here to learn. I'm here to listen to what Council has to say on the topic and while I appreciate everyone's viewpoints, I would like, as Council Member Bernt said, I -- I think viewpoints based upon some data is also was mentioned by Councilman Borton -- will help that and I'm sure you have got so much in your head from all your conversations, how do you synthesize that down? Again, it might be a messy presentation, but I would love to hear what you think you have learned, what you have heard from the partners you have discussed, to at least see what that means. Perreault: One more question. So, the -- the Andrus Institute of Public Policy at the -- at Boise State University put together a housing assessment for the city of Boise as part of their graduate program projects and I would love to see something like that happen for the City of Meridian. I'm going to engage the professors that were involved in that for Idaho Public Policy Institute and the Public Policy Institute at BSU. I don't know if they will be willing to help us in that regard, but I would really like to pursue that if -- if Council wants to take this conversation further, because the basis that they gave to the city of Boise was exceptionally helpful. So, for example, as Councilman Strader mentioned, what they were able to do is they were able to calculate what tax dollars were saved by the city of Boise for services provided to someone who is homeless or housing insecure and it's something like 52,000 dollars a year in services are being provided by fire and police to individuals that were lacking housing and so they calculated in -- above a million dollars in savings in one year and so they -- they kind of did that offset of, well, here is what we invested, but here is what we saved. That's what BSU was willing to do for the city. Don't know if it's something they are willing to do for us, but I'm happy to ask. Simison: So, Council Woman Perreault, from where we are today as we wrap up do you feel like you have got enough feedback to consider next steps or do one off with Council Members to help determine next steps? Perreault: Yes. Absolutely. I'm -- I'm happy to follow up with everyone and have some additional conversations and I have already discussed a possible date for our next conversation on the dais, but that will really depend on kind of how far we get with what information that we -- that -- you know, that I can gather and present, so -- Simison: Council, anything else at this point in time? Okay. Thank you. Appreciate it. Council, we have reached the end of our agenda. Do I have a motion to adjourn? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I move we adjourn. Meridian City Council Work Session September 6,2022 Page 23 of 23 Simison: Have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5:41 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 9 / 27 / 2022 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the August 16, 2022 City Council Work Session Meridian City Council Work Session August 16,2022 Page 10 of 10 MEETING ADJOURNED AT 4:55 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 9 / 6 / 2022 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the August 16, 2022 City Council Regular Meeting Meridian City Council August 16,2022 Page 70 of 70 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 9 / 6 2022 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the August 23, 2022 City Council Work Session Meridian City Council Work Session August 23,2022 Page 26 of 26 for our regularly scheduled meeting, so we will take that up at that time. So, we will vacate Item No. 19 and so I would move that 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 and we are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5:50 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 9 / 6 2022 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the August 23, 2022 City Council Regular Meeting Meridian City Council August 23,2022 Page 17 of 17 Hoaglun: Move we come out of Executive Session. Cavener: Second. Simison: Moved and seconded to come out of Executive Session. All in favor say aye. Any opposed? All ayes. Motion carries. MOTION CARRIED: FIVE AYES. ONE ABSENT. Hoaglun: Mr. Mayor, I move we adjourn. Simison: Motion to adjourn. All in favor? MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 7:12 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 9 / 6 / 2022 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Apex Northwest Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 ADA COUNTY RECORDER Phil McGrane 2022-077587 BOISE IDAHO Pgs=8 ANGIE STEELE 09/07/2022 11:43 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0226 Apex Northwest Subdivision No.1 Sanitary Sewer and Water Main Easement No.1 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 6th day of September 20 22 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.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. GRANTOR: SMITH BRIGHTON INC. By: Robert L. Phillips, Vice President STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 8/24/2022 (date) by Robert L. Phillips (name of individual), [complete the .following if signing in a repi•esenlalive capacity, or strike the.following if signing in an individual capacit)�] on behalf of _Smith Rrighton Inc. (name of entitv on behalf of whom record was executed), in the following representative capacity:-Vice President (type of authority such as officer or trustee) VAUGHANESHARI Public-State of IdahoNotary Signaturession Number 20181002 ission Expires Jun 1, 2024 My Commission Expires: 6/1/2024 Sanitary Sewer and Water Main Easement REV.01/O1/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 9-6-2022 Attest by Chris Johnson,City Clerk 9-6-2022 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 9-6-2022 (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 km E N G I N E E R I N G August 24,2022 Project No.:21-210 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 Lots 2, 3,4, 6, 8, 9, & 10, Block 1 of Apex Northwest Subdivision No. 1 and further situated in 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 aluminum 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 181.98 feet; Thence leaving said easterly line, N89°43'32"W a distance of 212.31 feet to the southerly line of an existing City of Meridian sewer and water easement per Instrument No.2022-033763,Records of Ada County, Idaho; Thence following said southerly line, N89°43'32"W a distance of 59.08 feet to POINT OF BEGINNING 1. Thence leaving said southerly line, S00°13'58"W a distance of 5.95 feet; Thence N89°43'32"W a distance of 10.00 feet; Thence N00°13'58"E a distance of 5.95 feet to a point hereinafter referred to as Point"A" on said southerly line; Thence following said southerly line, S89°43'32"E a distance of 10.00 feet to POINT OF BEGINNING 1. Said parcel contains 59 square feet, more or less. TOGETHER WITH: Commencing at a point previously referred to as Point"A",thence following the southerly line of said City of Meridian sewer and water easement, N89°43'32"W a distance of 211.52 feet to POINT OF BEGINNING 2. Thence leaving said southerly line, S00°16'28"W a distance of 6.14 feet; Thence N89°43'32"W a distance of 10.00 feet; Thence N00°16'28"E a distance of 6.14 feet to a point hereinafter referred to as Point"B" on said southerly line; Thence following said southerly line,S89°43'32"E a distance of 10.00 feet POINT OF BEGINNING 2. Said parcel contains 61 square feet, more or less. TOGETHER WITH: 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com Commencing at a point previously referred to as Point"B",thence N28°37'24"W a distance of 36.55 feet to the northerly line of said City of a Meridian sewer and water easement and being POINT OF BEGINNING 3. Thence leaving said northerly line, N00`16'28"E a distance of 8.79 feet; Thence S89°43'32"E a distance of 10.00 feet; Thence S00°16'28"W a distance of 8.79 feet to a point hereinafter referred to as Point"C" on said northerly line; Thence following said northerly line, N89'43'32"W a distance of 10.00 feet to POINT OF BEGINNING 3. Said parcel contains 88 square feet, more or less. TOGETHER WITH: Commencing at a point previously referred to as Point"C",thence following the northerly line of said City of Meridian sewer and water easement,S89°43'32"E a distance of 134.35 feet to POINT OF BEGINNING 4. i Thence leaving said northerly line, N00°16'28"E a distance of 6.15 feet; Thence S89°43'32"E a distance of 13.00 feet to a point hereinafter referred to as Point"D"; j Thence S00°16'28"W a distance of 6.15 feet to said northerly line; i Thence following said northerly line, N89°43'32"W a distance of 13.00 feet to POINT OF BEGINNING 4. I Said parcel contains 80 square feet,more or less. TOGETHER WITH: Commencing at a point previously referred to as Point"D",thence N29°07'48"E a distance of 278.06 feet to POINT OF BEGINNING S. Thence N00°16'52"E a distance of 12.88 feet; Thence S89°43'08"E a distance of 9.28 feet to a point hereinafter referred to as Point"E" on the westerly line of said City of Meridian sewer and water easement; Thence following said westerly line,S00°16'52"W a distance of 12.88 feet; Thence leaving said westerly line, N89°43'08"W a distance of 9.28 feet to POINT OF BEGINNING S. Said parcel contains 120 square feet, more or less. i TOGETHER WITH: Commencing at a point previously referred to as Point"E",thence following the westerly line of said City of Meridian sewer and water easement, N00°16'52"E a distance of 24.31 feet to POINT OF BEGINNING 6. I Thence leaving said westerly, N89°43'08"W a distance of 7.97 feet; Thence N00°16'52"E a distance of 10.00 feet; Thence S89°43'08"E a distance of 7.97 feet to said westerly line; I City of Meridian Sewer and Water Easement Apex Northwest Subdivision No.1 PAGE 2 Thence following said westerly line,S00°16'52"W a distance of 10.00 feet to POINT OF BEGINNING 6. I Said parcel contains 80 square feet, more or less. TOGETHER WITH: Commencing at a point previously referred to as POINT OF BEGINNING 6,thence S77°24'57"E a distance of 34.80 feet to the easterly line of said City of Meridian sewer and water easement and being POINT OF BEGINNING 7. I i Thence leaving said easterly line,S89°43'08"E a distance of 6.97 feet; Thence S00°16'52"W a distance of 10.00 feet; j Thence N89°43'08"W a distance of 6.97 feet to a point hereinafter referred to as Point "F"on said easterly line; Thence following said easterly line, N00°16'52"E a distance of 10.00 feet to POINT OF BEGINNING 7. Said parcel contains 70 square feet, more or less. I TOGETHER WITH: i Commencing at a point previously referred to as Point"F",thence following the easterly line of said City i of Meridian sewer and water easement,S00°16'52"W a distance of 52.43 feet to POINT OF BEGINNING 8. Thence leaving said easterly line, S89°22'03"E a distance of 5.57 feet; Thence S00°16'52"W a distance of 10.00 feet; Thence N89°22'03"W a distance of 5.57 feet to said easterly line; Thence following said easterly line, N00016'52"E a distance of 10.00 feet to POINT OF BEGINNING 8. Said parcel contains 56 square feet, more or less. Said description contains a total of 614 square feet, more or less,and is subjectto all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. 5�1� 4 � � 12 590 OF City of Meridian Sewer and Water Easement Apex Northwest Subdivision No.1 PAGE 3 P:\21-210\CAD\SURVEY\EXHIBITS\220824 SEWER AND WATER EASEMENT APEX COMMERCIAL 21-210.DWG,TREY ZIMMERMAN,8/24/2022,DWG TO PDF.PC3,08.SX11 L[PDF] o i bl 0 WI Z � � WI 0 _ � � 0 a j I 1.7 A jr: I I LA C/1 Q1 I-` — O D O m 1CrD D Z 0 I ' x n I n1 DO < Z Ln r — O r I CO Z � �I Iq I I D I �I I Q X . x Z Co I I Co \ tie O s• I I I z 2'a os\8'F z w I D I o m (TjEJ o I I � AID >J�J O m{{O (n rDDrr'''II I2 1 I O O LAU' z rl I L4�m Im 00 -I m '1 I Zm ' D o I v O � z I � I L4 Im o -01 77- m [�*rII c O DO (D N A I Cn Z — — — Ln D z p Z 0 = w W tD O° f� _ y ;10o N r myn rrDD m � �w� cn�� r \ m A Z m 2 m I g I I Z;lU z p�M i I I M > Z I �� -U >z I 1 181.98' 2s�8.09' S. Locust Grove Rd. n ,� S00'32'22"E 2700.07' J�1 trl N BASIS OF BEARING m Ln v in = ppi 9m m y " Exhibit B 3=°S- City of Meridian Sewer and Water Easement Z o w oDv �m=nNm T °-0om 3 Apex Northwest Subdivision No. 1 ^�a N wW<— >z ti ti SE1/4 SE1/4 Sec. 31,T3N., R1E., BM., City of Meridian, Ada County, Idaho c� LINE TABLE LINE TABLE LINE TABLE LINE BEARING DISTANCE LINE BEARING DISTANCE LINE BEARING DISTANCE i L1 SO*13'S8"W 5.95 L11 NO'16'28"E 8.79 L21 S89'43'08"E 9.28 { L2 N8943'32"W 10.00 L12 S89'43'32"E 10.00 L22 SO'16'52"W 12.88 L3 NO'13'58"E 5.95 L13 SO*16'28"W 8.79 L23 N89'43'08"W 9.28 L4 S89'43'32"E 10.00 L14 N89'43'32"W 10.00 L24 NO'16'52"E 24.31 L5 N89'43'32"W 211.52 L15 S89'43'32"E 134.35 L25 N89'43'08"W 7.97 L6 SO'16'28"W 6.14 L16 NO'16'28"E 6.15 L26 NO'16'52"E 10.00 i L7 N89'43'32'1N 10.00 L17 S89'43'32"E 13.00 L27 S89'43'08"E 7.97 , L8 NO'16'28"E 6.14 L18 SO"16'28"W 6.15 L28 SU16'S2"W 10.00 L9 S89'43'32"E 10.00 L19 N89'43'32'W 13.00 L29 S77'24'57"E 34.80 L10 N28'37'24"W 36.55 L20 NO'16'52"E 12.88 L30 S89'43'08"E 6.97 0 a a X LINE TABLE O L27 g LINE BEARING DISTANCE L26 L28 I P.O.B. 7 I I L31 SO'16'52"W 10.00LU o �2g(TjE� L30 L32 N89'43'08"W 6.97 L25 I s IN o L33 NO'16'S2"E 10.00 J oD o I L32 < L34 SO'16'52"W 52.43 o -U w P.O.B. 5 -ZI g w L35 S89'22'03"E 5.57 z I � L36 So'16'52"W 10.00 Apex Northwest I J 3 L37 N89'22'03"W 5.57 Subdivision No. 1 / I I L35 j L38 NO*16'52"E 10.00 P.O.B. 8Do ' M sue/ I Q a L37 BLOCK 1 zry N I / I EXISTING EASEMENT PER INST. No. 2022-033763 r a Z MATCH LINE - SEE SHEET 1 a 0 40 80 120 Plan Scale:1"=40' E N G I N E E R I N G m 5725 NORTH DISCOVERY WAY BOISE,IDAH083713 6 PHONE(208)639-6939 Exhibit B j kmengllp.wm City of Meridian Sewer and Water Easement DATE: August2022 S PROJECT: 21-210 SHEET: Apex Northwest Subdivision No. 1 2 OF 2 SE1/4 SE1/4 Sec. 31, T3N., 111E., BM., City of Meridian, Ada County, Idaho S E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Belvedere Farms Sanitary Sewer Easement No. 1 ADA COUNTY RECORDER Phil McGrane 2022-077626 BOISE IDAHO Pgs=5 CHE FOWLER 09/07/2022 01:11 PM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0017 Belvedere Farms Sanitary Sewer Easement No. 1 SANITARY SEWER EASEIMENT THIS Easement Agreement, made this 6th day ofSeptember20 22 between elV e- L -G-- ("Grantor"),and the City of Meridian,an [daho Municipal Corporation("Grantee"); WI IEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described;and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,TI IEREFORE, 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 casement for the operation and maintenance of sanitary sewer over and across the following described property: SEE ATTACHED EXHIBIT A The easement hereby granted is for the purpose of construction and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. TI iE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees,brush,or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Se"'er La ement REV.01/01/2020 THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and casement licreby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no futtlicr 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: I STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 06I IZ L2 (date) by_I YG W N[eYl IY1a11 (name of individual), [complete the following if signing in a representative capacity, or sh•ike I the following if signing in an individual capacity] on belialf of e)ewC'der , Q, (name of entity on behalf of whom record was executed), in the following representative capacity:_ �(�q Q,1Y►bPlr_(type of authority such as officer or tntstee) (stamp) EMILY SEABLE Notary Signature , 120Z� Notary Public My Commission Expires: State of Idaho Commission No, 20222936 Sanitary Sewer Easement REV. 01/01/2020 GRANTF.F: CITY OF MERIDIAN Robert E. Simison,Mayor 9-6-2022 Attest by Chris Johnson,City Clerk 9-6-2022 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 9-6-2022 (date) by Robert E. Siniison 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 l I Sanitary Se%%er Easement REV.O1/0112020 TEALEY'S LAND 12594 W. Explorer Drive, Suite 150 • Boise, Idaho 83713 SURVEYING (208) 385-0636 a] Fax (208) 385-0696 Project No.: 4939 EXHIBIT "A" Date: July 29, 2022 DESCRIPTION OF CITY OF MERIDIAN SEWER MAIN EASEMENT No. 1 FOR BELVEDERE LC A 20.00 foot wide strip of land situated in the SE 1/4 of the SW 1/4 and the SW 1/4 of the SE 1/4 of Section 16, T.31N., R.1 W., B.M., Ada County, Idaho. The boundaries of said strip of land are located 10.00 feet on each side of the following described centerline: COMMENCING at the Southeast corner of said Section 16, marked by a brass cap; thence along the South line of said Section 16 North 89°59'54"West 2620.01 feet to the South 1/4 corner of said Section 16, marked by an aluminum cap; thence along the North-South centerline of said Section 16 North 00°09'46"West 1328.76 feet to the Center-South 1/16 corner of said Section 16; marked by a 5/8" iron pin; thence along the North line of said SW 1/4 of the SE 1/4 South 89°58'59" East 206.46 feet to the POINT OF BEGINNING; thence leaving said North line at right angles South 00°01'01" West 51.24 feet to a point; thence South 55°23'59" West 141.88 feet to a point; thence South 39°39'13" West 129.69 feet to a point; thence South 38°08'42" East 212.79 feet to a point; thence South 51'51'18'West 237.14 feet to a point on the centerline of the Ridenbaugh Canal as described in Instrument No. 2021-181806 which is also the Northeast line of Lot 1 of Block 1 of Kimber Ridge Subdivision as on file in Book 102 of Plats at Page 13492 in the Office of the Recorder for Ada County, Idaho which is the TERMINAL POINT of said centerline. Said Strip of Land Contains 0.355 Acre, more or less. LANDS 434'7 0 9T�� 0 A. 4939-Sewer-Ease-l-Desc.docx dnm Page 1 of 1 EXHIBIT "B" CITY OF MERIDIAN SEIVER �pC1Q'1' EN�SG MAIN EASEMENT No. 1 FOR BELVEDERE LC NORTH p A PORTION OF THE SW 1/4 SE 1/4 Q O & THE SE 1/4 SW 1/4 pa Ln� ` Z '17 SECTION 16. T 3N., R.IW., B.M., It ADA COUNTY, IDAHO 0 75 150 300 q�� OF 1� ICK A. SCALE IN FEET 1" = 150' POINT OF' BEGINNING EASEMENT I S 1/16 S B9'58'59'£ 2625.31' 16/15 CTR S 1/16 ___ 206 46' --- 359.35' --- -- -- --- � �— ——— �--- 2059.50' -' I \ i S 00.OI'0l'W \ i 51.24' MERIDIAN SEWER Q' ( I \�\\ \,PROPOSED EASE. No. 2 \�OAF'pQ�OF \ LOT LINE S 55'2359'W \ C PROPOSED ,\\I C/L 20' WIDE MERIDIAN \�° 2yc` SEWER EASE No. 1 `c'0 '09,/, LOt 2 \ S 39'39'13" W �i1(9 \ \ 129.69' d1eo \ \ �\ 6 MERIDIAN SEWER PROPOSED PROPOSED \\ o��\ PROPOSED EASE No. 1 Lot 3 W. BELVEDERE LANE �\ r` LOT LINE 15.455 SF 50'R/W(PRIVA TEl `` 0.355 AG Sig. I `Os�? •`� \ PROPOSED 'o' LOT LINE IRP- y TERMINAL POINT n EASEAENTI a �9 s0 PROPOSED 1 � Lot 4 NFoti0 LOT 2 K/�BE/�R/DGE LOT 3 SUB.i 1 W. OVERLAND RD. 16 15 21 N 89'5954'W 2620 01' 21 22 TEALETS LAN® SURVEYING _- 1 12594 W EXPLORER DRIVE, SUITE 150. BOISE, ID 83713 4939-Sewer dwg 07-29-22 13 08 23 dmorks 206-385-0636 _ E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Belvedere Farms Sanitary Sewer Easement No. 2 ADA COUNTY RECORDER Phil McGrane 2022-077627 BOISE IDAHO Pgs=5 CHE FOWLER 09/07/2022 01:11 PM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0018 Belvedere Farms Sanitary Sewer Easement No. 2 SANITARY SEWER EASEMENT TI I IS Easement Agreement, made this 6th day of Septerrbq2422 between 1���U' e el'e Z ("Grantor-), and the City of Meridian,all Idaho Municipal Corporation ("Grantee"); WI IEREAS, the Grantor desires to provide a sanitary sewer right-of way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantce; OW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey Unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: SEE ATTACHED EXHIBIT A 'File easement hereby granted is for the purpose of construction and operation of sanitary seer 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 tunes. 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 casement and adjacent property to that existent prior to undertaking such repair and maintenance. I lowever, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this casement that was placed there in violation of easement. THE GRA TOR covenants and agrees that Grantor will not place or allow to be placed any permanent Structures, trees, brush,or perennial Sill-AS or flowers within the area de cribed for till eaSCInCut, which Would interfere with the use of said easement, for the purposes stated licicin. anilary ekker Fa emelit REV 0I J112026 THE GRA'LIJTOR 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 casenicnt 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 casement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. TI IE 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 8012 122._ (date) by_t)VafC, W T12VVIYlolfl (name of individual), [complete the following if signing in a representative capacity, or strike the %!lowing if signing in an individual capacity] on behalf of ' )&4edex-e, L-C, (name of entity on belialf of whom record was executed), in the following representative capacity: ---aaa jne Meanber. .(type of authority such as officer or trustee) (stamp) Notary Signature EMILY SEABLE My Commission Expires: 1�10 O Z Notary Public State of Idaho Commission No. 20 222936 Sanitary Se\\er Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. -,unison, 'Mayor 9-6-2022 Attest by Chris Johnson,City Clerk 9-6-2022 STA'IE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 9-6-2022 (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 Sem er I;asentent RI-V.0U0112020 TEALEY'S LAND 12594 W. Explorer Drive, Suite 150 • Boise, Idaho 83713 SURVEYING (208) 385-0636 El Fax (208) 385-0696 Project No : 4939 EXHIBIT "A" Date July 29, 2022 DESCRIPTION OF CITY OF MERIDIAN SEWER MAIN EASEMENT No. 2 FOR BELVEDERE LC A 20.00 foot wide strip of land situated in the SW 1/4 of the SE 1/4 of Section 16, T.3N., RAW., B.M., Ada County, Idaho. The boundaries of said strip of land are located 10 00 feet on each side of the following described centerline: COMMENCING at the Southeast corner of said Section 16, marked by a brass cap; thence along the South line of said Section 16 North 89'59'54" West 2620.01 feet to the South 1/4 corner of said Section 16, marked by an aluminum cap;thence along the North-South centerline of said Section 16 North 00°09'46"West 1328.76 feet to the Center-South 1/16 corner of said Section 16; marked by a 5/8" iron pin; thence along the North line of said SW 1/4 of the SE 1/4 South 89°58'59"East 196.46 feet to a point; thence leaving said North line at right angles South 00°01'01"West 10.00 feet to the POINT OF BEGINNING;thence along a line parallel with said North line South 89°58'59"East 378.82 feet to a point on the centerline of the Ridenbaugh Canal as described in Instrument No. 2021-181806 which is the TERMINAL POINT of said centerline. Said Strip of Land Contains 0.174 Acre, more or less. r` LA 3470 g9NbA. � n 4939-Sewer-Ease-2-Desc docx dnm Page 1 of 1 EXHIBIT "B" CITY OF 'MERIDIAN SEIVER �pC14`�' LA1V�jSG MAIN EASEMENT No. 2 FOR BELVEDERE LC A PORTION OF THE SW 1/4 SE 1/4 NORTH o 434 SECTION 16, T.3N., R.IW.. 8.A.. 0 Ln n, 7J ADA COUNTY, IDAHO 75 150 300 9T� OF SCALE IN FEET 1' = 150' C/L 20' WIDE MERIDIAN SEWER EASE No 2 S 69'56'59'E 2625 31, TERMINAL POINT S I/I6 CTR S. 1/16 196 46' --__ --- 359,35' -- - EAseuENr 205950' 16/15 \ , S 00101101, W ---- S 69'50'59'E 376 82' --' \\ l000' J . 1377' I \� \,PROPOSED POINT OF BEGINNING \ \ `\LOT LINE // EASEMENT 2 , �A< \ \ / ME001AN SEWER cl. Ica PROPOSED'\ \ // EASE No 2 Lot 2 \ ^/ 0174AC, \ \MERIDIAN SEWER \(� y\\ EASE No I \� \ PROPOSED PROPOSED \\ \\ Lot 3 6 W. BEL VEDERE LANE \\ \ 50'R/W(PRIVATE) \\\ \ 1 � Y PROPOSED LOT 1 I Lot 4 Rj C4. LOr 2 K/''1BER R/OG LOT 3 ' W. OVERLAND RD. I6 L5 21 N 99.59'54'W 262001' 21 22 - TEALEY'S LAND SURVEYING 12j94 W EXPLORER DRIVE, SUITE 150, BOISE. ID 83713 4939-5ewer dwg 07-29-22 1537 45 dmarks 208-385-0636 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Eagle View Landing Apartments Sanitary Sewer and Water Main Easement No. 1 ADA COUNTY RECORDER Phil McGrane 2022-077592 BOISE IDAHO Pgs=15 ANGIE STEELE 09/07/2022 11:48 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0230 Eagle View Landing Apartments Sanitary Sewer and Water Main Easement No.1 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 6th day of September 20 22 between BVA Rolling Hills No. 1,LLC_,_BVABC Eagle View, LLC and BVABC Eagle View Entertainment No. 1 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 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. [END OF TEXT; SIGNATURES TO FOLLOW] Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTORS: BVA ROLLING HILLS NO.1,LLC an Idaho limited liability company By:BV Management Services,Inc., Executive Manager By: Cort y Liddiard resident STATE OF IDAHO :ss. County of Bonneville On this the95 day of August,in the year 2022,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 my official seal the day and year in this certificate first written above. i Se I BRAND] LOVE COMMISSION NO. 37925 NOTARY PUBLIC Notary Public for Idaho STATE OF IDAHO My Commission Expires: Vy r..?►aMISSION EXPIRES O4N2126 By: Brighton Corporation, Executive Manager /I By: Robert L. 6hillips, President STATE OF IDAHO } :SS. County of Ada } On this theab day of August, in the year 2022, 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 my official seal the day and year in this certificate first written above. Seal ' Notary Public for Idah SHARI VA1,::,i+r•" My Commission Expires: Notary Puali[ tr of Icfaf o Commis ' Nutr+i)-:r 241�1GU7. M mission Ex; <<,Jul' i024 SHARIVAUGHAN Notary Public-State of Idaho Commission Number 20181002 My Commission Expires Jun 1,2024 BVABC EAGLE VIEW,LLC an Idaho limited liability company By:BV Management Services,Inc.,an Idaho corporation,the Executive Manager By: Weyort �L—jddiard,P 6sident STATE OF IDAHO ) :ss. County of Bonneville ) On this theAS'Tay of August,in the year 2022,before me a Notary Public of said State,personally appeared Cortney Liddlard,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 my official seal the day and year in this certificate first written above. BRANDI LOVE S I COMMISSION NO. 37925 NOTARY PUBUC Notary Public for Idaho STATE OF IDAHO My Commission Expires: MY COMMISSION EXPIRES 04/12/28 BVABC EAGLE VIEW ENTERTAINMENT NO.1,LLC By: BV Management Services,Inc.,an Idaho corporation,the Executive Manager By: Cortney Oddiard,Pres' ent STATE OF IDAHO ) :ss. County of Bonneville ) On this theme day of August,in the year 2022,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 my official seal the day and year in this certificate first written above. Seal BRANDI LOVE COMMISSION NO.37925 Notary Public for Idaho NOTARY PUBUC My Commission Expires: ' a �� STATE OF IDAHO %AY COMMISSION EXPIRES 04/ =6 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 9-6-20 22 Attest by Chris Johnson, City Clerk 9-6-2022 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 9-6-2022 (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 km E N G I N E E R I N G August 8,2022 Project No.20-219A Eagle View Landing Apartments City of Meridian Sewer and Water Easement Legal Description Exhibit A A parcel of land being portions of Lots 13 through 15, Block 1 and Lots 8 through 10, Block 2 of Rolling Hill Subdivision (Book 18 of Plats, Pages 1202-1203), and portions of Lots 17 through 20, Block 1 of Rackham Subdivision (Book 120 of Plats, Pages 18582-18588) and a portion of Unplatted Lands, situated in a portion of the Northwest 1/4 of the Southeast 1/4 and a portion of the Northeast 1/4 of the Southwest 1/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho being more particularly described as follows: Commencing at a found aluminum cap marking the Center 1/4 corner of said Section 16,which bears N00°05'15"W a distance of 2,653.59 feet from a found brass cap marking the South 1/4 corner of said Section 16,thence following the westerly line of said Northwest 1/4 of the Southeast 1/4, S00°05'15"E a distance of 710.50 feet; Thence leaving said westerly line,S89°54'45"W a distance of 38.17 feet to POINT OF BEGINNING 1. Thence S67°58'49"E a distance of 161.97 feet; Thence N90°00'00"E a distance of 361.71 feet; Thence N00°00'00"W a distance of 28.00 feet; Thence N90°00'00"E a distance of 30.00 feet; Thence S00°00'00"E a distance of 28.00 feet; Thence N90°00'00"E a distance of 286.01 feet; Thence N00°00'00"E a distance of 28.00 feet; Thence S90°00'00"E a distance of 20.00 feet; Thence S00°00'00"E a distance of48.00 feet; Thence N90°00'00"W a distance of 29.30 feet; Thence S00°00'00"E a distance of47.72 feet; Thence N90°00'00"E a distance of 28.27 feet; Thence S45°00'00"E a distance of 21.69 feet; Thence S14°00'00"W a distance of 386.34 feet; Thence N90°00'00"W a distance of 134.20 feet; Thence S00°00'00"E a distance of 97.76 feet; Thence N89°13'45"W a distance of 803.68 feet; Thence N55°28'42"W a distance of 50.25 feet; Thence N00°00'00"W a distance of 542.26 feet; Thence S68°04'33"W a distance of 51.77 feet; Thence N21'55'27"W a distance of 20.00 feet; Thence N68°04'33"E a distance of 116.40 feet; Thence N90°00'00"E a distance of 116.83 feet; Thence S79°13'49"E a distance of 41.90 feet to POINT OF BEGINNING 1. Said parcel contains 13.067 acres, more or less. 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com LESS AND EXCEPTING THEREFROM: Commencing at a point previously referred to as POINT OF BEGINNING 1,thence S16°2341"W a distance of 20.10 feet to POINT OF BEGINNING 2. Thence S67°58'49"E a distance of 141.44 feet; Thence S22°01'17"W a distance of 24.48 feet; Thence S67°58'43"E a distance of 15.00 feet; Thence N22°01'17"E a distance of 24.48 feet; Thence S67°58'49"E a distance of 23.88 feet; Thence S00°00'00"E a distance of 20.33 feet; Thence N90°00'00"W a distance of 8.00 feet; Thence S00°00'00"E a distance of 20.00 feet; Thence N90°00'00"E a distance of 28.00 feet; Thence N00°00'00"E a distance of 36.49 feet; Thence N90°00'00"E a distance of 130.75 feet to a point hereinafter referred to as"POINT A"; Thence S00°00'00"E a distance of443.72 feet; Thence N90°00'00"E a distance of 63.07 feet; Thence S00°00'00"E a distance of48.47 feet; Thence N89°13'45"W a distance of 226.67 feet; Thence N00°00'00"E a distance of 38.59 feet; Thence N90°00'00"E a distance of 20.00 feet; Thence N00°00'00"E a distance of 20.00 feet; Thence N90°00'00"W a distance of 45.00 feet; Thence S00°00'00"E a distance of 58.26 feet; Thence N89°13'45"W a distance of 301.28 feet; Thence N55°28'42"W a distance of 15.67 feet; Thence N00'00'00"E a distance of 228.93 feet; Thence N90°00'00"E a distance of 109.96 feet; Thence N00°00'00"E a distance of 38.89 feet; Thence N90°00'00"W a distance of 20.00 feet; Thence S00°00'00"E a distance of 18.89 feet; Thence N90°00'00"W a distance of 89.96 feet; Thence N00°00'00"E a distance of 290.87 feet; Thence N68°04'33"E a distance of 39.21 feet; Thence N90°00'00"E a distance of 111.07 feet; Thence S79°13'49"E a distance of 38.05 feet to POINT OF BEGINNING 2. Said parcel contains 6.038 acres, more or less. ALSO LESS AND EXCEPTING THEREFROM: Commencing at a point previously referred to as"POINT A",thence N90°00'00"E a distance of 20.00 feet to POINT OF BEGINNING 3. Thence N90°00'00"E a distance of 105.96 feet to a point hereinafter referred to as"POINT B"; Thence S00°00'00"E a distance of 493.04 feet; PAGE 12 Thence N89°13'45"W a distance of 42.90 feet; Thence N00°00'00"E a distance of 68.74 feet; Thence N90°00'00"W a distance of 63.07 feet; Thence N00°00'00"E a distance of 140.81 feet; Thence N90°00'00"E a distance of 6.30 feet; Thence N00°00'00"E a distance of 10.00 feet; Thence N90°00'00"W a distance of 6.30 feet; Thence N00°00'00"E a distance of 33.25 feet; Thence N90'00'00"E a distance of 11.67 feet; Thence N00°00'00"E a distance of 20.00 feet; Thence N90°00'00"W a distance of 11.67 feet; Thence N00°00'00"E a distance of 96.97 feet; Thence N90°00'00"E a distance of 5.26 feet; Thence N00°00'00"E a distance of 10.00 feet; Thence N90°00'00"W a distance of 5.26 feet; Thence N00°00'00"E a distance of 112.69 feet to POINT OF BEGINNING 3. Said parcel contains 1.091 acres, more or less. ALSO LESS AND EXCEPTING THEREFROM: Commencing at a point previously referred to as"POINT B",thence N90°00'00"E a distance of 20.00 feet to POINT OF BEGINNING 4. Thence N90°00'00"E a distance of 73.63 feet; Thence N00'00'00"E a distance of 10.00 feet; Thence N90'00'00"E a distance of 83.70 feet; Thence S00'00'00"E a distance of 30.50 feet; Thence N90°00'00"W a distance of 27.50 feet; Thence S00'00'00"E a distance of 20.00 feet; Thence N90°00'00"E a distance of 57.50 feet; Thence N00°00'00"E a distance of 50.50 feet; Thence N90°00'00"E a distance of 153.04 feet; Thence S00°00'00"E a distance of 67.72 feet; Thence N90°00'00"E a distance of 39.99 feet; Thence S45'00'00"E a distance of 2.09 feet; Thence S14°00'00"W a distance of 224.57 feet; Thence N76°00'00"W a distance of 13.08 feet; Thence S14°00'00"W a distance of 20.00 feet; Thence S76°00'00"E a distance of 13.08 feet; Thence S14°00'00"W a distance of 114.83 feet; Thence N90°00'00"W a distance of 115.58 feet; Thence N00°00'00"E a distance of 31.59 feet; Thence N90°00'00"W a distance of 15.00 feet; Thence S00°00'00"E a distance of 31.59 feet; Thence N90°00'00"W a distance of 8.00 feet; Thence S00°00'00"E a distance of 21.47 feet; PAGE13 Thence N90°00'00"W a distance of 18.00 feet; Thence 500'00'00"E a distance of 20.00 feet;. Thence N90°00'00"E a distance of 18.00 feet; Thence S00°00'00"E a distance of 56.02 feet; Thence N89°13'45"W a distance of 156.32 feet; Thence N00'00'00"E a distance of 503.31 feet to POINT OF BEGINNING 4. Said parcel contains 3.507 acres, more or less. Said description contains a total of 2.431 acres, more or less,and is subject to all existing easementsand/or rights-of-way of record or implied. All subdivisions,deeds,record of surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated. Attached hereto is Exhibit B and by this reference is made a part hereof. �Pt LAND S E N Sfp G9` o { 1 662 OF 1� Y KENR PAGE 4 POINT OF COMMENCEMENT FOUND ALUMINUM CAP CENTER 1/4 CORNER SECTION 16 w w �Iv � o °l to b o Rackham o I. Subdivision / POINT OF Unplatted / BEGINNING 1 L1(TIE) POINT OF "POINT B" BEGINNING 4 ool L3(TIE) ------ -n POINT OF: (BEGINNING 2 LO L2(TIE) I I I I L4(TIE) l i i Z � "POINT A I POINT OF / / o N i BEGINNING 3 II M m I �...� 0 /Ct I I In Ln o l m Z I 3 I I fr- -J L-----j L-J -—_� I_ — — —J —7 z a � Jewel Rolling Hill Subdivision I Subdivision r 3 I 0 l N l 0 200 400 600 r - m W Plan Scale: 1" = 200' 3 N r 3 FOUND BRASS CAP SOUTH 1/4 CORNER SECTION 16 N N E N G I N E E R I N G 5725 NORTH DISCOVERY WAY W BOISE,IDAHO 83713 W PHONE(208)639-6939 Exhibit B - City of Meridian Sewer and Water Easement kmengllp.com Eagle View Landing o DATE: August 2022 PROJECT: 20-219A SHEET: Lots 13-15,Block 1,Lots 8-10,Block 2 of Rolling Hill Subdivision,Lots 17-20,Block 1 of Rackham Subdivision,and 1 OF 4 unplatted land in the NW 1/4 of the SE 1/4 and NE 1/4 of the SW 1/4 of Sec.16,T3N,R1E,B.M.,Ada County, Idaho 6 P:\20-219A\CAD\SURVEY\EXHIBITS\220801 WATER-SEWER EXHIBIT 20.219A.DWG,TREY ZIMMERMAN,8/8/2022,DWG TO PDF.PC3,08.SX11 L IPDFI \z N00'00'00"W 542.26' _____—— `O co / N00'00'00"E 228.93' I I N00'00'00"E 290.87' <,\\ IQPQ N I 0- :�E° IIIII III I -rP� Ili 2-0 GO S NI0° _� M IN W I I \L43 oZO mz� 2Ui 0 ¢ o I� O NO cool J(10 \DTI I Iw I I00 i 30.00, v N r r w/ /� / � I I N Ln / Ir) r L40 N O -Y m �/ I _ ¢L364 I`D �. Q C. I I -3 o_ o I Iz I D2 Co L4 c�n1 ICOv I N I f I I i co 30,00, Icn z WI wo D I� Iz I IN I to ---- S00'00'00"E 443.-------- r I� I� w O L58 -- ----- � I0 __ o T L54 L62 L66 I rri OU M IIw + IIIw� zL35 O rn zI, m0 r z�Z w C VCD OO Ln ZL52 0 mP 0v J p� Q �, ---------- S00'00'00"E 493.04-----_w __ I I y = I Q---------- ____________ � N00'00_'00"E 503.31' MATCH LINE-SEE SHEET 3 " Z = ° ~ Exhibit B - City of Meridian Sewer and Water Easement m � 3?°° N Eagle View Landing N C= Z m D n T v W.0 O M T Lots 13-15,Block 1,Lots 8-10,Block 2 of Rolling Hill Subdivision,Lots 17-20,Block 1 of Rackham Subdivision,and 3 'Pv_< a M aZ N c unplatted land in the NW 1/4 of the SE 1/4 and NE 1/4 of the SW 1/4 of Sec.16,T3N,R1E,B.M.,Ada County,Idaho a P:\20-219A\CAD\SURVEY\EXHIBITS\220801 WATER-SEWER EXHIBIT 20-219A.DWG,TREY ZIMMERMAN,8/8/2022,DWG TO PDF.PC3,08 5X11 L IPDFJ r— r r r r r r_ j j r_ _r r_ r_ r r r_ C r r r r r r r r Cn W N O (0 00 J 0 0 -;' W N — 0 (0 00 J 0) 0 41 GW N m W 0 W Z Z Z 0 z N Z Ln Z N Z to 0 Z 0 Z z 0 z z 0 0 (0 O N 0) 0 0 (D 10 0 c0 0 (0 O O 0 O 0) t0 0 00 J N J O 00 _ 00 Ln O O (P O O O O O O O O O J O O 0; tD m r- 0 O 0 O O 0 O N O O O O O O O O O O O O 0 O O N Ut D Z ou w 0 (n _P� w 0 0 0 0 0 0 0 0 0 0 0 0 0o O 0 w 4 z M _P _P O W N W _P O O O O O O O O O O O O _P O O -P -I- z —{ LA J cD O (-4 J W N O O O O O O O O O O O O W O O Cn M D ITI ITI ITI r*i frl ITI ITI fTl frl r*i ITI r*i r*i f*1 rri r r rn _ o N N Ln Cn cD G,I N N � N � N N N W N On N N N LA cn Cn O O O — O J 00 J c0 Oo O Du Du O Oo O O O 00 D O O J N J N 0) N J w O O O O O 0 �0 O 0 Z O po W O O J Cn O 0 c0 J N O O O O O O O J O 0 O J n m r MATCH LINE-SEE SHEET 2 t — 1 L— ————————— S00'00'00"E 493.04'— ———— I N00'00'00"E 503.31' 00 — —r7-`z o CD N DD I CD I J OO 0 o mo JI o z z� 000 I o - 0� I L8 rn � r � rnr Dro Y7 r�l J 0� III NL92 rl J II w I �L70 0 0---- - I 9L17 L84 0" 0 L74 D oO r oq rEI Icc I m w I O I Oro 1.1 rn o I I o cn I o Ln b. n ��`� CO r —.-i �20.00' 574000p W ` �2�57 T L13� �L9 OO 00 0 38634,� �� �� L l 1�o � N W O O rn � A n _ Z 2: m m Exhibit B - City of Meridian Sewer and Water Easement m OO �Z Eagle View Landing p_ —I m m o=z O °'verso m T mO0 p w W o m 3 -Ph � Lots 13-15,Block 1,Lots 8-10,Block 2 of Rolling Hill Subdivision,Lots 17-20,Block 1 of Rackham Subdivision,and >Z c unplatted land in the NW 1/4 of the SE 1/4 and NE 1/4 of the SW 1/4 of Sec.16,T3N,R1E,B.M.,Ada County,Idaho 0 > N n N LINE TABLE LINE TABLE LINE TABLE LINE BEARING DISTANCE LINE I BEARING DISTANCE LINE BEARING DISTANCE L26 N22'01'17"E 24.48 L51 N89'13'45"W 42.90 L76 S00'00'00"E 67.72 L27 S67'58'49"E 23.88 L52 ' N00'00'00"E 68.74 L77 N90'00'00"E 39.99 L28 S00'00'00"E 20.33 L53 N90'00'00"W 63.07 I L78 S45'00'00"E 2.09 1 L29 N90'00'00"W 8.00 L54 N00'00'00"E 140.81 L79 N76'00'00"W 13.08 1-30 S00'00'00"E 20.00 L55 N90'00'00"E 6.30 L80 S14-00'00"W 20.00 L31 N90'00'00"E 28.00 L56 N00'00'00"E 10.00 1 L81 S76'00'00"E 13.08 L32 N00'00'00"E 36.49 L57 N90'00'00"W 6.30 L82 S14-00'00"W 114.83 L33 N90'00'00"E 130.75 L58 N00'00'00"E 33.25 L83 N90'00'00"W 115.58 L34 N90-00'00"E 63.07 L59 N90'00'00"E l 11.67 L84 N00'00'00"E 31.59 L35 S00'00'00"E 48.47 L60 N00'00'00"E 20.00 L85 N90'00'00"W 15.00 L36 N00'00'00"E 38.59 L61 N90'00'00"W I 11.67 L86 S00'00'00"E 31.59 L37 N90'00'00"E 20.00 1 L62 N00'00'00"E 96.97 L87 N90'00'00"W 8.00 is L38 N00'00'00"E 20.00 I FL63 N90'00'00"E 5.26 L88 S00'00'00"E 21.47 0. X L39 N90'00'00"W 45.00 L64 N00'00'00"E 10.00 L89 N90'00'00"W 18.00 10 L40 S00'00'00"E 58.26 L65 N90'00'00"W 5.26 L90 S00'00'00"E 20.00 L41 N55'28'42"W 15.67 I L66 N00'00'00"E 112.69 L91 N90'00'00"E 18.00 0 L42 N90'00'00"E 109.96 L67 N90'00'00"E 73.63 L92 S00'00'00"E 56.02 L43 N00'00'00"E 38.89 L68 N00'00'00"E 10.00 L93 S79'13'49"E 41.90 L44 N90-00'00"W 20.00 f L69 N90-00'00"E 83.70 a L45 S00'00'00"E 18.89 L70 S00'00'00"E 30.50 L46 N90'00'00"W 89.96 I L71 N90'00'00"W 27.50 L47 N68'04'33"E 39.21 L72 S00'00'00"E 20.00 s L48 N90'00'00"E 111.07 L73 N90'00'00"E 57.50 3 L49 S79'13'49"E 38.05 L74 N00'00'00"E 50.50 a L50 N90-00'00"E 105.96 L75 N90-00'00"E 153.04 x C 4N vl !C Q -t O n E N G I N E E R I N G 5725 NORTH DISCOVERY WAY w BOISE,IDAH083713 ter' PHONE(208)639-G939 Exhibit B - City of Meridian Sewer and Water Easement kme gii°.`Om Eagle View Landing o i DATE: August 2022 PROJECT: 20-219A A "I Lots 13-15, Block 1,Lots 8-10,Block 2 of Rolling Hill Subdivision,Lots 17-20,Block 1 of Rackham Subdivision,and SHEET: a . 4 OF 4 unpl,tted land in the NW 1/4 of the SE 1/4 and NE 1/4 of the SW 1/4 of Sec.16,T3N,R1E, B.M.,Ada County,Idaho E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Lost Rapids Apartments Sanitary Sewer and Water Main Easement#4 ADA COUNTY RECORDER Phil McGrane 2022-077593 BOISE IDAHO Pgs=10 NIKOLA OLSON 09/07/2022 11:48 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0229 Lost Rapids Subdivision Sanitary Sewer and Water Main Easement No.4 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 6th day of September 20 22 between GFI Meridian Investments II, 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 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 ESMT-2022-0229 Lost Rapids Subdivision Sanitary Sewer and Water Main Easement No.4 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 6th day of September 20 22 between GFI Meridian Investments II, 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 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: F7 (vt 1;CZJ-01 Fk 0 r-�-N VeS1_PkLL1 TES � t LLC �-1 - ( CFO t,�� G ttss>l L-- Pt STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 'Il � t (date) by —CfQVnt LGIf (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 (JFt-;1lcj.-utU,) In 1 o-kh�M of entity on behalf of whom record was executed), in the following representative capacity:_Il 0L^°C(- (type of authority such as officer or trustee) LY 0 C) Notary Si, ure fgAU • G My Commission F.xpires:,( `/C 8 LI cP� 9Eg 111lj . 0 �rF 0 F 10 P� Sanitary Sewer an r Main Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 9-6-2022 Attest by Chris Johnson, City Clerk 9-6-2022 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 9-6-2022 (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 km E N G I N E E R I N G August 11,2021 Lost Rapids Townhomes Project No. 17-192 Legal Description Exhibit A A parcel of land for a City of Meridian Sewer and Water Easement being a portion of Lot 2, Block 1 of Lost Rapids Subdivision (Book 119 of Plats, Pages 18496-18501),situated in the Northeast 1/4 of Section 27,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 aluminum cap marking the North 1/4 corner of said Section 27,which bears N89°17'35"W a distance of 2,647.29 feet from a found aluminum cap marking the Northeast corner of said Section 27,thence following the northerly line of said Section 27,S89°17'35"E a distance of 1,557.63 feet; Thence leaving said northerly line,S00°42'25"W a distance of 1,065.06 feet to the northerly boundary line of said Lot 2 and being POINT OF BEGINNING 1. Thence S65°08'20"E a distance of 38.25 feet; Thence N24°51'40"E a distance of 13.55 feet; Thence S65°08'20"E a distance of 122.65 feet; Thence S60°55'34"E a distance of 90.18 feet; Thence N29°04'26"E a distance of 26.39 feet; Thence S60°55'34"E a distance of 10.00 feet; Thence S29°04'26"W a distance of 26.39 feet; Thence S60°55'34"E a distance of 49.68 feet; Thence N29°04'26"E a distance of 4.46 feet; Thence S60°55'34"E a distance of 9.48 feet; Thence N29°04'26"E a distance of 21.15 feet; Thence S89°15'45"E a distance of 206.43 feet; Thence N00°44'15"E a distance of 7.83 feet; Thence S89°15'45"E a distance of 11.69 feet; Thence N00°44'15"E a distance of 22.69 feet; Thence S89°15'45"E a distance of 10.00 feet; Thence S00°44'15"W a distance of 30.52 feet; Thence S89°15'45"E a distance of 118.28 feet; Thence S00°35'20"W a distance of 47.17 feet; Thence S89°24'40"E a distance of 30.54 feet; Thence S00°35'20"W a distance of 10.00 feet; Thence N89°24'40"W a distance of 30.54 feet; Thence S00°35'20"W a distance of 91.62 feet to a point hereinafter referred to as"POINT A"; Thence S39°08'49"W a distance of43.21 feet; Thence S16°38'49"W a distance of 38.39 feet; Thence N73°21'11"W a distance of 10.00 feet; Thence N16°38'49"E a distance of 30.86 feet; Thence N73°03'24"W a distance of 137.29 feet; Thence S16°38'49"W a distance of 60.48 feet; 5725 North Discovery Way • Boise, Idaho 33713 • 208.639.6939 • kmengllp.com Thence S73°03'24"E a distance of 9.59 feet; Thence S16°38'49"W a distance of 23.66 feet to the southerly boundary line of said Lot 2; Thence following said southerly boundary line the following three (3)courses: 1. 6.51 feet along the arc of a circular curve to the right,said curve having a radius of 1,317.57 feet,a delta angle of 00°16'59",a chord bearing of N69°42'09"W and a chord distance of 6.51 feet; 2. 22.88 feet along the arc of a circularcurve to the left,said curve having a radius of 334.50feet,a delta angle of 03°55'10",a chord bearing of N71°31'15"W and a chord distance of 22.88 feet; 3. N73°28'50"W a distance of 33.72 feet; Thence leaving said southerly boundary line, N19°54'31"E a distance of 74.68 feet; Thence N60°55'34"W a distance of 15.63 feet; Thence N29°04'26"E a distance of 10.61 feet; Thence N60°55'34"W a distance of 104.84 feet; Thence S29°04'26"W a distance of 30.57 feet; Thence N60°55'34"W a distance of 10.00 feet; Thence N29°04'26"E a distance of 22.24 feet; Thence N60°55'34"W a distance of 29.21 feet; Thence N29°04'26"E a distance of 8.33 feet; Thence N60°55'34"W a distance of 84.45 feet; Thence S29°04'26"W a distance of 30.44 feet; Thence N60°55'34"W a distance of 10.00 feet; Thence N29°04'26"E a distance of 30.44 feet; Thence N60°55'34"W a distance of 84.37 feet; Thence S24°51'40"W a distance of 7.76 feet; Thence N65°08'20"W a distance of 16.78 feet; Thence S24°51'40"W a distance of 22.63 feet; Thence N65°08'20"W a distance of 10.00 feet; Thence N24°51'40"E a distance of 30.35 feet; Thence N65°08'20"W a distance of 92.10 feet; Thence S24°51'40"W a distance of 3.55 feet; Thence N65°08'20"W a distance of 58.79 feet; Thence N89°15'45"W a distance of 70.22 feet; Thence S54°08'43"W a distance of 3.85 feet to the boundary line of said Lot 2; Thence following the boundary of said Lot 2 the following two(2)courses: 1. N00°42'24"E a distance of 13.00 feet the Northwest corner of said Lot 2; 2. S89°15'45"E a distance of98.34 feet to POINT OF BEGINNING 1. Said parcel contains 1.527 acres, more or less. EXCEPTING THEREFROM: Commencing at a point previously referred to as "POINT A", thence N73°11'44"W a distance of 20.83 feet to POINT OF BEGINNING 2. Thence S61°38'49"W a distance of 26.09 feet; Thence S28°21'11"E a distance of 7.20 feet; Thence S61°38'49"W a distance of 5.54 feet; PAGE 2 Thence N73°03'24"W a distance of 156.34 feet; Thence N16°38'49"E a distance of 8.75 feet; Thence N60°55'34"W a distance of 29.13 feet; Thence N29°04'26"E a distance of 3.48 feet; Thence N60°55'34"W a distance of 10.00 feet; Thence S29°04'26"W a distance of 3.48 feet; Thence N60°55'34"W a distance of 93.48 feet; Thence S29°04'26"W a distance of 4.00 feet; Thence N60°55'34"W a distance of 37.21 feet; Thence N29°04'26"E a distance of 17.67 feet; Thence S89°15'45"E a distance of 314.52 feet; Thence S00°35'20"W a distance of 14.87 feet; Thence N89°24'17"W a distance of 14.56 feet; Thence S00°35'43"W a distance of 10.00 feet; Thence S89°24'17"E a distance of 14.56 feet; Thence S00°35'20"W a distance of 98.15 feet to POINT OF BEGINNING 2. Said parcel contains 0.668 acres, more or less. Said description contains a total of 0.859 acres, more or less, and is subject to all existing easements and/or rights-of-way of record or implied. All subdivisions, deeds, records of survey, and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated. Attached hereto is Exhibit B and bythis reference is hereby made a part hereof. \pNpL LANDS ���ENSF� GAG F o -< 6662 n� �o �9l of \OPT Y KEN��` 8/11/2021 PAGE 3 3:\USERS\GREENER\17-192 TO GO BACK TO CLOUDY\17-192 CITY OF MERIDIAN WATER EASEMENT.DWG,ALEX GREEN,8/11/2021,TOSHIBA E-5TUD10907.PC3,---- L57 N C z < M U1 N rn Ln rrn v v D / I W o o J / / co S00'42'25"W \o o / / w ^ 1065.06' (TIE) INV rn z to �" n O o m ti// \, rnl Lo m � II N / / o� LS7 \ !!w Ori N z _ D O cD D C1 CU -1 n m O C1 / / 419 M m o O f 4 4� z 00 N , /\ / z l G' p zz C N r) 7 C43p � CS � D C < N � � '`1 r / P A' / 00 OD < O Q7 n r Q rD 47 T. a NJD O / 1 rn U) N �F o9yo N o�'C o J z CL ^� ate. r a 0 r r O O JWJ CaLn 0 N LD O En�y W cn N I I w r+ LA CD CO I M Q W r z z I�L17 Ln O O M 1b Z-Z CDaq C 7C' W 0 (D O' r rn O 0 N-q G Cn L27 00 00 cn n L77 O N L7.3 I v N N r L23 �,I L19 00 �I N 1 I N Ln O N N O II Z :j N v 01 UJ� v � o 1 D N Z m 2 m Exhibit 6 - City of Meridian Sewer and Water Easement z°o — Lost Rapids Townhomes m m� N—_ O 0 °s�n� m �„_'^ -n p w C) m 3 m MIv A A portion of Lot 2,Block 1,Lost Rapids Sub situated in the NE 1/4 of the NE 1/4 of Sec.27, A � a Z N T.4N.,R.1W.,B.M.,City of Meridian,Ada County,Idaho N V P:\USERS\GREENER\17-192 TO GO BACK TO CLOUDY\17-192 CITY OF MERIDIAN WATER EASEMENT.DWG,ALEX GREEN,B/11/2021,TOSHIBA E-STUD10907.PC3,— P DO` �� �S � 0 [� m r N F� yp r r r r r r r r r O) Cn W N 10 O cD OD V 01 Cn W N p (D OD V M W � W N m Z (n (n V) Z (1) (n W 0 0 Z W Z 0 Z W Z 0 0 Ul Z 0 Ul Z N V W OD OD OD 00 OD W N M N M N N M M N 0 W (0 O cD O (0 O (o O (0O cD O W O O (D O O (D O Ln -;t U; m r N W O C4 N CA N CA O CA O U� O Cn O U1 O (n O D Z 00 00 U W cn U� � (J1 4, cn Ut � Cn OD oo >' m NO 4' NO p 4 W � N (,i N W N W N C.I N I Z (D (D _ O _ p _ (n _ Ln _ Ln 0) 41 0) � 0) 41 0) 41 O O O G1 D m OO PW WN c6D1 L4 (A � (A N �N � W Ln O O v p (0 0) 0) p Wof L' D Ln O W T O 0) 0) � 46) W O (A Z O O � O (D (D W Ln 4' Ln 00 (D O 0 co U1 U1 U1 n m Z -0, 41 � � � � � � � W W W W W W W W („I W N N N N O (D CO V 0) U -P. W N O (D OD V 0) Ul 41 W N O (D OD V m Z Z z 0 z N Z Z z 0 Z Z Z Z z N Z Z Z Z Z N (n (n Z Z W Q) M T O (n O 0 O 0 Cn O Ui O U� O Cn O UI O U� O Cn U� N W O W O CA D Z OD oD 00 (n cn (n (n -P� (n � cn -P (n 0 oD W OD W OD A m N N N � (,l N W N Ga N W N W N GJ N W W Ln N � N Z O O O O O O 41 01 M 41 0) 0) 41 0) 41 0) -1, O cD (D (D G) D m cD W N O O) � V) ON � O (D N J O n LA (A O O O � O (n O CA OD 0) V 41 O 41 0 ("I N 41 O v � � W N N 0) cD co (0 0) n m r r r r r r r r r r r r r r r r r r r r r r r r r Z V V V V V V V V V 0> 6) M0) 0) O) 0) M01 O) Ln U1 (n Cn (n (n � (n OD V M Cn � W N O (D M V M U� � L4 N O (D 00 V 0) Ln � L4 m Z (n Z (n Z Z N Z 0 Z Z Z Z Z 0 0 0 to N Z Z o V 0 00 N CO 0 00 1 N 0) N CD N 0) V M N M OD Z W OD p N O W C� (D (D O N 6(o (D O (D O CD O (O O 0> ( 0D CD O -;� (D U -;' m r _ N N O U� O Ut O U� O Ln W O W N W N O O 6 D Z U1 U1 W -P U7 W OD W M U1 oD () OD z m W NO N W N W N W N W 4 N -P � -P M -P � N � Z —4 V V (n OI 41 C -P OI p cD (D (n _ W Ut O O G) D m cD C N N cD O V Ln Ln O OC, O L4 V L., W f^I O L4 (0 MU1 �l CO W �'I OD �'� � oD o'(n61 oO 0(n1 0N p ODD O coD J (Jn i., O p o ( o N :I cU'i, n W Cn V N V W � cD N cD m Z = 2 m Exhibit 6 - City of Meridian Sewer and Water Easement z m m�o N Lost Rapids Townhomes 3 —_= Z N O O 00�D� m c w0O Tl a m A fV w A portion of Lot 2,Block 1,Lost Rapids Sub.,situated in the NE 114 of the NE 1/4 of Sec.27, ww{ — n Z N T.4N.,R.1W.,B.M.,City of Meridian,Ada County,Idaho N F+ 98.34 , 7o.» s6i �22. ",06s.0 ,6S 08?012 91�0 w B s�9019 n�3s?o we 206.43 ;,� 118.28 s89°15'45"e tt s89°15'45"e 6p3S3 ,� a� 8g4S q 9 - 4600 � a e4 ry` �Q,/ n23o0324 w ryp ,, r z� F Title: Date: 08-11-2021 Scale: 1 inch= 150 feet File: Tract 1: 1.527 Acres: 66510 Sq Feet:Closure=s85.4644w 0.01 Feet: Precision=1/300821: Perimeter=2419 Feet 001=s65.0820e 38.25 022=n89.2440w 30.54 043=n29.0426e 8.33 002=n24.5140e 13.55 023=s00.3520w 91.62 044=n60.5534w 84.45 003=s65.0820e 122.65 024=s39.0849w 43.21 045=s29.0426w 30.44 004=s60.5534e 90.18 025=sl6.3849w 38.39 046=n60.5534w 10.00 005=n29.0426e 26.39 026=n73.2111 w 10.00 047=n29.0426e 30.44 006=s60.5534e 10.00 027=nl6.3849e 30.86 048=n60.5534w 84.37 007=s29.0426w 26.39 028=n73.0324w 137.29 049=s24.5140w 7.76 008=s60.5534e 49.68 029=s16.3849w 60.48 050=n65.0820w 16.78 009=n29.0426e 4.46 030=s73.0324e 9.59 05 1=s24.5140w 22.63 010=s60.5534e 9.48 031=s16.3849w 23.66 052=n65.0820w 10.00 0 11=n29.0426e 21.15 Bnggi69.4209w.Chd=6.51=00.1659 053=n24.5140e 30.35 012=s89.1545e 206.43 e���i1.its Chd50. I22 RR5510 054=n65.0820w 92.10 013=n00.4415e 7.83 034=n73.2850w 33.72 055=s24.5140w 3.55 014=s89.1545e 11.69 035=n 19.5431 e 74.68 056=n65.0820w 58.79 015=00.4415e 22.69 036=n60.5534w 15.63 057=n89.1545w 70.22 016=s89.1545e 10.00 037=n29.0426e 10.61 058=s54.0843w 3.85 017=s00.4415w 30.52 038=n60.5534w 104.84 059=n00.4224e 13.00 0 1 8=s89.1545e 118.28 039=s29.0426w 30.57 060=s89.1545e 98.34 019=s00.3520w 47.17 040=n60.5534w 10.00 020=s89.2440e 30.54 041=n29.0426e 22.24 021=s00.3520w 10.00 042=n60.5534w 29.21 314.52 l s89'15'45"e -� r1- IS nG-o 9� oC O n256.344„k .� Title: Date: 08-11-2021 Scale: 1 inch = 100 feet File: Tract 1: 0.668 Acres: 29103 Sq Feet:Closure=n69.3441 e 0.01 Feet: Precision=1158638: Perimeter=869 Feet 001=s61.3849w 26.09 008=n60.5534w 10.00 015=s00.3520w 14.87 002=s28.211]e 7.20 009=s29.0426w 3.48 016=n89.24]7w 14.56 003=s61.3849w 5.54 010=n60.5534w 93.48 017=s00.3543w 10.00 004=n73.0324w 156.34 011=s29.0426w 4.00 018=s89.24]7e 14.56 005=n16.3849e 8.75 012=n60.5534w 37.21 019=s00.3520w 98.15 006=n60.5534w 29.13 013=n29.0426e 17.67 007=n29.0426e 3.48 014=s89.1545e 314.52 w IDIAN� AGENDA ITEM ITEM TOPIC: Olson and Bush Subdivision No. 2 Water Main Easement No. 1 ADA COUNTY RECORDER Phil McGrane 2022-077594 BOISE IDAHO Pgs=5 NIKOLA OLSON 09/07/2022 11:49 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0224 Olson and Bush Subdivision No. 2 Water Main Easement No. 1 WATER MAIN EASEMENT THIS Easement Agreement, made this 6th day of September 20 22 betweenBVA Lanark, 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: BVA LANARK,LLC By: BV Managemen Services,Inc.,an Idaho corporation, Manager B y: Cortney tiddiard,Preside STATE OF IDAHO ) ss County of Bonneville) This record was acknowledged before me on_� (date) by Cortney Liddiard (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 BVA Lanark, LLC (name of entity on behalf of whom record was executed), in the following representative capacity: President of the Manager (type of authority such as officer or trustee) (stamp) [ "- BRANDI LOVE COMMISSION NO. 37925 Notary Signature NOTARY PUBLIC My Commission Expires: JA—\� -ac 8� STATE OF IDAHO MY COMMISSION EXPIRES 04/1226 Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 9-6-2022 Attest by Chris Johnson, City Clerk 9-6-2022 STATE OF IDAHO, ) : ss. County of Ada } This record was acknowledged before me on 9-6-2022 (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 2775 W.Navigator Drive,Suite 210 Meridian,Idaho Office Meridian,Idaho 83642 l yl O RR O C hS Tel: 208.895.2502 www.horrocks,com EE 1 Fax: 208.463463.7561 61 E N G I N E E R S �4►� �4NQs ��G6NSF0. � Date: October 13, 2021 9 O Project: ID-LD-3868-21 8-09-22�0 Page: 1 of 1 4rF of ,pP EXHIBIT A �oN Wa►G'fi OLSONAND BUSH SUBDIHSIONN0.2 WATER SERVICE EASEMENT NO.] This easement is situated in a portion of Lot 11,Block 1 of Olson and Bush Subdivision No. 2, Book 90, Page 10508-10509,records of Ada county, Idaho and is located in a portion of the S.E. 114 of Section 8, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho,more particularly described as follows: COMMENCING at a found 5/8" rebar marking the southeast corner of Lot 11, Block 1 0£said OIson and Bush Subdivision No. 1; thence along the south boundary of said Lot 11, 1) N.88°10'23"W., 251.88 feet to the POINT OF BEGINNING, thence continuing along the south boundary of said Lot 11, Block 1, 2) N.88'10'23"W., 20.00 feet, thence leaving said south boundary; 3) N.01°49'37"E., 81.75 feet, thence; 4) N.46°49'37"E., 30.28 feet, thence; 5) 5.88°10'23"E., 7.64 feet, thence; 6) 5.01°49'37"W.5 20.64 feet, thence; 7) 5.46°49'37"W., 12.81 feet, thence; 8) S.OI"49'37"W., 73.47 feet to the POINT OF BEGINNING. OLSON AND BUSH SUB. NO. 2 WATER SERVICE EASEMENT NO.1 P.O.C.-POINT OF COMMENCEMENT r:z P.D.S.-POINT OF BEGINNING rS88010'2YE DO FOUND REBAR &CAP ^ f 7.64' A CALCULATED POINT ° NOT TO SCALE L1 ti 1 ""�546049'37"W 12.81' 1 1 co o co�r z Q0. �J`L N I p H 51 I EL z l I f � l I i P.O.B. P.D.C. 20.00' 88°1023 ~N88010'23"W O ONp,I. L91y�� m 196 0 N � � E. LANARK ST. 08-09-22�0 a �Tf 0 f �QP N WR1�� HORROCKS DRAWING INFO Il�11 EXHIBIT E N G T H E E R S !!B�■ SATE 0819122 SCALE N.T.S. 2775 Wes[Navlgalor Or.,S"ile 210 REV# DATE O 0 Meridian,ID 83542 00 00/0010000 LOT 11, BLOCK 1, OLSON AND BUSH SUB. NO.1 -SEE 2nd SNr�Y FoR L19rING {w.h 8rocks.0 PRo.I.No, ID-LO.3568-2S mwv.horracka.cam PAGE oD1 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Outer Banks Infrastructure and Offsite Water Main Easement ADA COUNTY RECORDER Phil McGrane 2022-077595 BOISEIDAHO Pgs=23 NIKOLA OLSON 09/07/2022 11:50 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0216 Outer Banks Infranstructure and Offsite Water Main Easement WATER MAIN EASEMENT THIS Easement Agreement, made this 6th day of September, 20 22 between Franklin Ten Mile, 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 0 1/0 1/2020 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 OFF)01<144D rn ) ss County of-Ardor /Vu/a,el This record was acknowledged before me on Og O Z ate by (name of individual), [complete the following if signing in a representcrt've ea achy, or F1r•ike the following if signing in an individual capacity] on behalf of �„� (name of entity on behalf of whom record was executed), in the following representative capacity: Cc'1q /FQ a w (type of authority such as officer or trustee) (stamp) Notary Signatt re DWAA JWITH VAZ-QU My Commission Expires: COMM-2295530 D NOTARPY NEVADAA Tenn Eq.June a,g!2 6 Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 9-6-2022 Attest by Chris Johnson, City Clerk 9-6-2022 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 9-6-2022_ (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 Ol/0l/2020 • I DAH O 9955 W Emerald St SURVEY Boise, ID 83704 ISG GROUP Phone: (208) 846-8570 't btT / > Fax: (208) 884-5399 Outer Banks Subdivision Utility Easement Boundary Description Project Number 21-574 May 19, 2022 An easement situated in the northeast quarter of the northeast quarter of Section 15, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the north quarter-section corner of Section 15, Township 3 North, Range 1 West, Boise Meridian; Thence S89015'23"E, 2640.72 feet along the north line of Section 15 to the northeast corner of Section 15; Thence S09003'52"W, 386.23 feet on a random line to the west right-of-way line of S. Ten Mile Rd., the POINT OF BEGINNING: Thence S00°11'38"E, 73.72 feet along the west right-of-way line of S. Ten Mile Rd.; Thence 15.14 feet on a non-tangent curve to the left, having a radius of 25.00 feet, a central angle of 34°42'31", a chord bearing of N72'03'20"W, and a chord length of 14.91 feet; Thence N89°24'36"W, 177.48 feet; Thence S00°35'24"W, 33.00 feet; Thence N89°24'36"W, 27.00 feet; Thence N00°35'24"E, 24.00 feet; Thence N89°24'36"W, 17.00 feet; Thence N00°35'24"E, 9.00 feet; Thence N89°24'36"W, 148.20 feet; Thence continuing N89°24'36"W, 34.00 feet across the easement to the interior; Thence continuing N89°24'36"W, 55.70 feet; Thence S00°35'24"W, 14.00 feet; Thence N89°24'36"W, 22.00 feet; L4, Thence S00°35'24"W, 282.46 feet; rr` Thence S89°24'36"E, 52.00 feet; 4 Page 1 of 9 I DAH O 9955 W Emerald St SURVEY Boise, ID 83704 GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 Thence S00°35'24"W, 16.00 feet; Thence S89'24'36"E, 25.70 feet; Thence N00'35'24"E, 312.46 feet; Thence S89'24'36"E, 34.00 feet back across the easement to the exterior; Thence S00°35'24"W, 298.46 feet; Thence S89024'36"E, 28.00 feet; Thence S00'35'24"W, 9.00 feet; Thence S89'24'36"E, 143.52 feet; Thence N00'35'24"E, 32.00 feet; Thence S89'24'36"E, 31.00 feet; Thence S00'35'24"W, 27.00 feet; Thence S89024'36"E, 147.31 feet; Thence 36.44 feet on a curve to the left, having a radius of 35.00 feet, a central angle of 59°39'20", a chord bearing of N60'45'44"E, and a chord length of 34.82 feet, to the west right-of-way line of S. Ten Mile Rd.; Thence S08039'52"W, 57.74 feet on a non-tangent line along the west right-of- way line of S. Ten Mile Rd.; Thence S01054'50"W, 12.60 feet along the west right-of-way line of S. Ten Mile Rd.; Thence N80'22'42"W, 34.71 feet; Thence N89'24'36"W, 145.35 feet; Thence S00'35'24"W, 30.00 feet; Thence N89'24'36"W, 21.00 feet; Thence N00035'24"E, 35.00 feet; Thence N89024'36"W, 171.00 feet; Thence S00035'24"W, 202.82 feet; Thence S89'24'36"E, 24.00 feet; Np Thence S00035'24"W, 20.00 feet; r G Thence N89024'36"W, 24.00 feet; Page 2 of 9 - IDAHO 9955 W Emerald St SURVEY Boise, ID 83704 GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 Thence S00°35'24"W, 80.70 feet; Thence 24.47 feet on a curve to the left, having a radius of 35.00 feet, a central angle of 40°03'41", a chord bearing of S19*26'26"E, and a chord length of 23.98 feet; Thence S39°28'18"E, 72.72 feet; Thence 16.47 feet on a non-tangent curve to the left, having a radius of 35.00 feet, a central angle of 26057'36", a chord bearing of S52'57'14"E, and a chord length of 16.32 feet; Thence S59°25'10"W, 61.15 feet; Thence 9.71 feet on a non-tangent curve to the left, having a radius of 35.00 feet, a central angle of 15'53'34", a chord bearing of N22'46'39"W, and a chord length of 9.68 feet; Thence N30°43'26"W, 103.22 feet; Thence N58°00'44"W, 264.33 feet; Thence N89°24'36"W, 228.91 feet; Thence S00°35'24"W, 229.62 feet; Thence N89°24'36"W, 20.00 feet; Thence N00°35'24"E, 240.62 feet; Thence N89°24'36"W, 319.83 feet; Thence S00°35'24"W, 236.67 feet; Thence S89°24'36"E, 19.93 feet; Thence S00°35'24"W, 20.00 feet; Thence N89024'36"W, 19.93 feet; Thence S00035'24"W, 95.87 feet to the south line of the northeast quarter of the northeast quarter; Thence N89°15'02"W, 20.00 feet along the south line of the northeast quarter of the northeast quarter; Thence N00°35'24"E, 372.48 feet; Thence S89°24'36"E, 128.56 feet; Thence N00°35'24"E, 170.99 feet; ` u �34 Page 3 of 9 �ygFC S �yQ- • I DAH O 9955 W Emerald St SURVEY Boise, ID 83704 GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 Thence N89°24'36"W, 128.56 feet; Thence N00°35'24"E, 221.22 feet; Thence N89°24'36"W, 24.50 feet to the east boundary of Baraya Apartments Subdivision (Book 116 of Plats at Pages 17414 through 17416, records of Ada County, Idaho); Thence N00°35'22"E, 20.00 feet along the east boundary of Baraya Apartments Subdivision; Thence S89°24'36"E, 24.50 feet; Thence N00°35'24"E, 67.98 feet; Thence N23°07'42"E, 11.76 feet; Thence S49°51'59"E, 20.09 feet across the easement to the interior; Thence S00°35'24"W, 287.27 feet; Thence S89°24'36"E, 86.59 feet; Thence N00°35'24"E, 70.00 feet; Thence S89°24'36"E, 20.00 feet; Thence 500°35'24"W, 70.00 feet; Thence S89°24'36"E, 42.86 feet; Thence N45°35'23"E, 73.74 feet; Thence S44°24'37"E, 20.00 feet; Thence S45°35'23"W, 89.14 feet; Thence N89°24'36"W, 24.14 feet; Thence S00°35'24"W, 165.96 feet; Thence 589°24'36"E, 89.56 feet; Thence N00°35'24"E, 29.00 feet; Thence S89°24'36"E, 20.00 feet; Thence S00°35'24"W, 29.00 feet; Thence S89°24'36"E, 81.71 feet; �'NO Thence N00°35'24"E, 229.08 feet; Thence N41°49'37"W, 18.93 feet; C1 1111 4 Page 4 of 9 • I DAH O 9955 W Emerald St Boise, ID 83704 SURVEY GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 Thence N00'35'24"E, 5.64 feet; Thence N89'24'36"W, 5.74 feet; Thence N00'35'24"E, 20.00 feet; Thence S89'24'36"E, 9.41 feet; Thence S41'49'37"E, 43.14 feet; Thence S00'35'24"W, 237.84 feet; Thence S89'24'36"E, 105.50 feet; Thence N00'35'24"E, 25.00 feet; Thence S89'24'36"E, 20.00 feet; Thence S00'35'24"W, 25.00 feet; Thence S89'24'36"E, 111.84 feet; Thence S58'00'44"E, 234.72 feet; Thence N31°42'52"E, 5.00 feet; Thence S58'00'44"E, 25.68 feet; Thence N00'35'24"E, 289.66 feet; Thence N89'24'36"W, 26.70 feet; Thence S00'35'24"W, 8.00 feet; Thence N89'24'36"W, 38.00 feet; Thence N00*35'24"E, 8.00 feet; Thence N89'24'36"W, 34.00 feet; Thence N00°35'24"E, 120.26 feet; Thence N89'24'36"W, 75.00 feet; Thence N00'35'24"E, 21.00 feet; Thence S89'24'36"E, 75.00 feet; Thence N00'35'24"E, 87.20 feet; Thence N89*24'36"W, 62.00 feet; ANp S Thence S00'35'24"W, 12.00 feet; Thence N89'24'36"W, 21.00 feet; 1 4 Page 5 of 9 y�,EL S �� • I DAH O 9955 W Emerald St SURVEY Boise, ID 83704 GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 Thence N00'35'24"E, 12.00 feet; Thence N89'24'37"W, 299.78 feet; Thence S00°35'24"W, 12.00 feet; Thence N89'24'36"W, 21.00 feet; Thence N00'35'24"E, 12.00 feet; Thence N89'24'36"W, 59.34 feet; Thence N42'35'40"W, 165.26 feet; Thence N89'24'36"W, 99.13 feet; Thence S45°35'24"W, 39.56 feet; Thence N49°51'59"W, 20.09 feet back across the easement to the exterior; Thence N45°35'24"E, 63.19 feet; Thence S89'24'36"E, 98.24 feet; Thence N00'35'24"E, 15.00 feet; Thence S89°24'36"E, 22.00 feet; Thence S00'35'24"W, 15.00 feet; Thence S38'52'57"E, 44.05 feet across the easement to the interior; Thence S00'35'24"W, 16.97 feet; Thence S42'35'40"E, 107.02 feet; Thence S89'24'36"E, 202.88 feet; Thence N00°35'24"E, 11.00 feet; Thence S89'24'36"E, 20.00 feet; Thence S00°35'24"W, 11.00 feet; Thence S89'24'36"E, 229.78 feet; Thence N00'35'24"E, 81.00 feet; Thence N89'24'36"W, 23.00 feet; Thence N00'35'24"E, 14.00 feet; c Thence N89'24'36"W, 502.90 feet; c �j Page 6 of 9 �tigFl 5 . ��� IDAHO 9955 W Emerald St SURVEY Boise, ID 83704 GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 Thence N38052'57"W,44.05 feet back across the easement to the exterior; Thence S89°24'36"E, 176.00 feet; Thence N00°35'24"E, 151.46 feet; Thence N89°24'36"W, 35.00 feet; Thence N00°35'24"E, 23.24 feet; Thence N52°19'12"E, 38.21 feet; Thence N00°35'24"E, 132.98 feet; Thence 15.93 feet on a curve to the left, having a radius of 35.00 feet, a central angle of 26004'21", a chord bearing of N12'26'46"W, and a chord length of 15.79 feet to the south right-of-way line of W. Franklin Rd.; Thence S89°15'23"E, 51.24 feet on a non-tangent line along the south right-of- way line of W. Franklin Rd.; Thence 16.20 feet on a non-tangent curve to the left, having a radius of 35.00 feet, a central angle of 26030'44", a chord bearing of S13050'46"W, and a chord length of 16.05 feet; Thence S00035'24"W, 150.51 feet; Thence S10°22'21"W, 29.43 feet across the easement to the interior; Thence 500°35'24"W, 142.46 feet; Thence S89°24'36"E, 34.00 feet; Thence S00°35'24"W, 9.00 feet; Thence S89024'36"E, 408.60 feet; Thence N00035'24"E, 151.46 feet; Thence N89°24'36"W, 76.00 feet; Thence S00°35'24"W, 5.00 feet; Thence N89024'36"W, 21.00 feet; Thence N00035'24"E, 15.00 feet; Thence N89°24'36"W, 192.31 feet; N Thence 500°35'24"W, 30.00 feet; Thence N89024'36"W, 21.00 feet; Ci Page 7 of 9 � �`AFL S gy�- * I DAH O 9955 W Emerald St SURVEY Boise, ID 83704 GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 Thence N00035'24"E, 16.00 feet; Thence N89°24'36"W, 43.00 feet; Thence N00°35'24"E, 4.00 feet; Thence N89°24'36"W, 89.30 feet; Thence N10°22'21"E, 29.43 feet back across the easement to the exterior; Thence S89°24'36"E, 117.48 feet; Thence N00°35'24"E, 23.00 feet; Thence S89°24'36"E, 38.00 feet; Thence S00°35'24"W, 20.00 feet; Thence S89°24'36"E, 223.13 feet; Thence N00°35'24"E, 20.00 feet; Thence S89°24'36"E, 54.00 feet; Thence N00°35'24"E, 107.61 feet; Thence 29.20 feet on a curve to the left, having a radius of 35.00 feet, a central angle of 47°47'47", a chord bearing of N23'18'30"W, and a chord length of 28.36 feet to the south right-of-way line of W. Franklin Rd.; Thence S87°59'00"E, 20.74 feet on a non-tangent line along the south right-of- way line of W. Franklin Rd.; Thence S89°15'23"E, 37.07 feet along the south right-of-way line of W. Franklin Rd.; Thence N63°36'49"E, 2.08 feet along the south right-of-way line of W. Franklin Rd.; Thence 17.27 feet on a non-tangent curve to the left, having a radius of 35.00 feet, a central angle of 28'16'23", a chord bearing of 514'43'35"W, and a chord length of 17.10 feet; Thence S00°35'24"W, 138.29 feet; Thence S89°24'36"E, 28.00 feet; Thence S00°35'24"W, 48.00 feet; Thence N89°24'36"W, 33.00 feet; r Thence S00°35'24"W, 134.46 feet; n v ,r Page 8 of 9 � �y�EL S . ���- * I DAH O 9955 W Emerald St SURVEY Boise, ID 83704 GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 Thence S89°24'36"E, 165.20 feet; Thence N00°35'24"E, 38.00 feet; Thence S89°24'36"E, 27.00 feet; Thence S00°35'24"W, 38.00 feet; Thence S89°24'36"E, 141.63 feet; Thence N45°35'24"E, 49.60 feet; Thence N89°48'22"E, 14.00 feet to the POINT OF BEGINNING. The above-described parcel contains 5.03 acres, more or less. r Page 9 of 9 �� ACL S �� EXM16t a r R; 4r t � R_1 j I+ 1 34 o k OF��P�� Outer Banks Utilty Easement Closure 5/19/2022 Scale: 1 inch= 200 feet File: Tract 1:5.0251 Acres(218893 Sq.Feet),Closure:n00.0000e 0.00 ft.(1/999999),Perimeter=15312 ft. 0 P o m N 4� r t/1 to U1 O o \ 0 0 Baraya Apartments Subdivision F - I o � N T v N 00 CO � a C m O CD ,�� I v I 01" co o N � kj a N T1 z O N 5' C cw � a Co - om 0 C En O O a Z C O 1 3a- F I cv a CL "0 LnLn O o rt .rt K 0 O a — — — — — — — — - — — o S. Ten Mile Rd. 0 to 0 �T NL I °v N Cn Z N 0 0OZ -;,O O I _ I N o, I I N I I I� ,11E 0 I f O O N I IW � J Ln f0 I I O I 1�cn �I I Ln I co o Irn I u l O N W f rf r+I I V I r I I r cn o °I I Iw "'d �I N L1 Ln 34 I 0 - - - - -� f JL168 L12 I I P W cn IN I� I — L170 6o r N -- --- - - -� -- L151 —� ----- - N - ----. — v G) U o fD < O - — I L178 �I �j— ——L174 C9 r. 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Cn (n 0� (n cD (n (n U! � cn � � (n o (D N W N GW N W N .4 N O N W N u N u N W G+ N 7 tiS, -ate -4 rn -4 M m 0 (A o m -r� M -p C -k C rn -P, U3 p rn W W u4 N GJ N W N O (T N N N (A N ::: 00 OD cn J, G+ 00 00 00 �I O v46 O W O 00 (A -4N � cD O O O O N 00 O 1I 0) O O O O O CA 00 i0 O O M O O 0 �p �I _ O 0 CA O O 0 0D O v Q r o0 00 00 00 00 z z w cn cn r O (O (J1 (O O fD CC) �• U) 0 w N w Na CDD 00 (n � Ut - O = N N 0�1 p C m 0 g m m; m :E r<; m 00 � co � 6 � m� m LD 3 U) D3 3 =m (7 o O� C) (7 C7 (7 (••) (7 0 0 (-) C U ! cD 00 �l 0) (n W N < 8 m CD ti N N W r co 0) cn 'O rn CD u, a —(A (A W Ga (A (A (A (A G+ N T1 74 (n U1 U1 Ul U1 (n Ul U1 U1 d O O O O O O O O O C Z A > Cl ClO O O O O O O y C a c 0. 0N0 v ONi ONi (n ONi p c�D C� 0 o C C X 0) v O O W V W ( N co C CT (Nid J O�1 O W CD c� m '+ m p 0 A 7 Z Z Z N Z Z 0 m W I � (N,d W N N N c0 00 N O (D p w � ui ri a (n cn L4 00 0 rn rn v rn c W nco (D C O G+ G+ 41 N N a m (n O O) c0 O? O a D. � m m m �O 0 0 .+ �• -- --- n 0 Ln 0 0 s g 1 I rn cn fD rn w o a N O Q7i (On cV0 N OD N CD = �O .+ N Ln �n Om �o 0 :: c U Z N m OQ p0 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Prescott Ridge Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 3 ADA COUNTY RECORDER Phil McGrane 2022-077598 BOISE IDAHO Pgs=14 ANGIE STEELE 09/07/2022 11:51 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0225 Prescott Ridge Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 3 SANITARY -F A ATER MAIN-EAnMENT THIS Easement Agreement, made this 6th_day of September 20 22 between Providence Properties, 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 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.0l/01/2020 ESMT-2022-0225 Prescott Ridge Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 3 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 6th day of September 20 22 between Providence Properties, 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 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: L� Mitchell S.Armuth,Authorized Agent STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on s�� '?�date by Z�&IoAdl 5. nrrngi�b(name of individual), [complete the following if signing in a representativ capacity, or trike the following if signing in an individual capacity] on behalf of r�9kjKZIhN(� roTy C4name of entity on behalf of ho record was executed), in the following representative capacity:_ (type of authority such as officer or trustee) s WIDAHO ` D NOOMMISSION STNotary igna e MY COMMIS My Commission Expires: Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 9-6-2022 Attest by Chris Johnson, City Clerk 9-6-2022 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 9-6-2022 (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 km E N G I N E E R I N G August 24, 2022 Project No.21-099 Prescott Ridge Subdivision No. 1 City of Meridian Sewer and Water Easement(N. Rustic Oak Way-Providence Properties) Legal Description Exhibit A Parcels of land for a sewer and water easement being situated in a portion of the Northwest 1/4 and the West 1/2 of the Northeast 1/4 all in Section 28, Township 4 North, Range 1 West, B.M., City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at an aluminum cap marking the North 1/4 corner of said Section 28,which bears N00°43'55"E a distance of 2,635.29 feet from an iron pipe marking the center of said Section 28, thence following the westerly line of the Northeast 1/4 of said Section 28, S00°43'55"W a distance of 890.42 feet to a point hereinafter referred to as Point"A"; Thence leaving said westerly line, S89°25'35"E a distance of 63.27 feet to POINT OF BEGINNING 1. Thence S89°25'35"E a distance of 15.00 feet; Thence S00°34'25"W a distance of 28.00 feet; Thence N89°25'35"W a distance of 15.00 feet to the proposed easterly right-of-way line of N. Rustic Oak Way; Thence following said proposed easterly right-of-way line, N00°34'29"E a distance of 28.00 feet to POINT OF BEGINNING 1. Said description contains 420 square feet,more or less. TOGETHER WITH: Commencing at a point previously referred to as Point"A",thence following the westerly line of the Northeast 1/4 of said Section 28, S00°43'55"W a distance of 230.76 feet to a point hereinafter referred to as Point"B"; Thence leaving said westerly line, S89°16'05"E a distance of 76.39 feet to POINTOF BEGINNING 2. Thence S89°25'31"E a distance of 15.00 feet; Thence S00°34'29"W a distance of 47.00 feet; Thence N89°25'31"W a distance of 15.00 feet to the proposed easterly right-of-way line of N.Rustic Oak Way; Thence following said proposed easterly right-of-way line, N00'34'29"E a distance of 47.00 feet to POINT OF BEGINNING 2. Said description contains 705 square feet,more or less. 5725 North Discovery Way • Boise, Idaho 83713 • 209.639.6939 • kmengllp.com TOGETHER WITH: Commencing at a point previously referred to as Point"B",thence S72°10'28"W a distance of 27.50 feet to a point on the proposed westerly right-of-way line of N. Rustic Oak Way and being POINT OF BEGINNING 3. Thence following said proposed westerly right-of-way fine,S00°34'29"W a distance of 30.04 feet,- Thence leaving said proposed westerly right-of-way line, N89°25'31"W a distance of 16.00 feet; Thence N00°34'29"E a distance of 30.04 feet,- Thence S89°25'31"E a distance of 16.00 feet to POINT OF BEGINNING 3. Said description contains 481 square feet, more or less. TOGETHER WITH: Commencing at a point previously referred to as Point"B",thence following the westerly line of the Northeast 1/4 of said Section 28, S00°43'55"W a distance of 331.31 feet to a point hereinafter referred to as Point "C"; Thence leaving said westerly line, N89°16'05"W a distance of 85.51 feet to a point on the proposed westerly right-of-way line of N. Rustic Oak Way and being POINT OF BEGINNIING 4. Thence following said proposed westerly right-of-way line,S34°00'44"W a distance of47.02 feet; Thence leaving said proposed westerly right-of-way line, N57�49'22"W a distance of 16.00 feet; Thence N32°10'38"E a distance of 47.00 feet; Thence S57°49'22"E a distance of 17.51 feet to POINT OF BEGINNING 4. Said description contains 787 square feet,more or less. TOGETHER WITH: Commencing at a point previously referred to as Point"C",thence following the westerly line of the Northeast 1/4 of said Section 28, S00°43'55"W a distance of 713.19 feet to a point hereinafter referred to as Point "D"; Thence leaving said westerly line, N89°16'05"W a distance of 1,743.08 feet to POINT OF BEGINNIING 5. Thence S11°51'44"W a distance of 47.00 feet; Thence N78°08'16"W a distance of 15.00 feet to the proposed easterly right-of-way line of W. Parachute Dr.; Thence following said easterly right-of-way line, N11°51'44"E a distance of 47.00 feet; Thence leaving said proposed easterly right-of-way line,S78°08'16"E a distance of 15.00 feet to POINT OF BEGINNING S. Said description contains 705 square feet,more or less. PAGE 1 2 TOGETHER WITH: Commencing at a point previously referred to as Point"D",thence following the westerly line of the Northeast 1/4 of said Section 28, 500'43'55''W a distance of 230.98 feet; Thence leaving said westerly line, N89°16'05"W a distance of 868.47 feetto POINTOF BEGINNIING 6. Thence 500'34'29"W a distance of 20.00 feet to the proposed northerly right-of-way line of N.Jumplist PI.; Thence following said northerly right-of-way line, N89°25'31"W a distance of47.00 feet; Thence leaving said proposed northerly right-of-way line,N00'34'29"E a distance of 20.00 feet; Thence S89°25'31"E a distance of 47.00 feet to POINT OF BEGINNING 6. Said description contains 940 square feet, more or less. Said descriptions contain a total of 4,038 square feet,more or less,and subject to any 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. 459 0 �q 0 F 4 -24 Z PAGE 3 W. Chinden Blvd. 11 POINT OF COMMENCEMENT_/ Zg FOUND ALUMINUM CAP N 1/4 SECTION 28 I 0 100 200 300 q o P.O.B. 1 Plan Scale: 1"= 100' L1 U I J LA L1J—' J I 41 ,1­3 POINT "A" ca)S89'25'35"E a � 63.27' (TIE) W N LINE TABLE U o LINE BEARING DISTANCE � v' m L1 S89'25'35"E 15.00 POINT "B" o I m a I 0 L2 SO.34'25"W 28.00 S89'16'05"E S72'10'28"W 76.39' (TIE) L3 N89.25 35"W 15.00 27.50 (TIE) ° L4 NO'34'29"E 28.00 L12 Z L5 L5 S89.25-31"E 15.00 J O W � �r x O J CDp� N 00 �� SO'34'29"W 47.00 � I L6 cu m 0 o N m O o L7 N89'25'31"W 15.00 a r4 L10 I a a L7 rn L8 NO'34'29"E 47.00 U 0) ry L9 SO'34'29"W 30.04 : n z N o CD ry L10 N89'25'31"W 16.00 a w L11 NO'34'29"E 30.04 "� 0 0 3 PO to L12 S89'25'31"E 16.00 Proposed Prescott I �, L13 S34'00'44"W 47.02 Ridge Subdivision No. 1 I z m C? L14 N57'49'22"W 16.00 m N89'16'05"W o L15 N32'10'38"E 47.00 85.51' (TIE) N N F L16 S57-49'22"E 17.51 L16 a POINT "C" u z v .; P.0.6. 4 O o L 14 00 a N 3 CO a c FOUND IRON PIPE o C 1/4 SECTION 281 Akin E NGINEE RING m 5725 NORTH DISCOVERY WAY W BOISE,IDAHO'3713 PHONE(20B)639-6939 Exhibit B - City of Meridian Water and Sewer Easement kmengllp.wm DATE August 2022 i Prescott Ridge Subdivision No. 1 PROJECT: 21-099 SHEET Situated in the Northwest 1/4 and the West 1/2 of the Northeast 1/4 N 1 OF 2 of Section 28, T4N, R1W, B.M., City of Meridian, Ada County, Idaho a W. Chinden Blvd. 2i POINT OF COMMENCEMENT 28 FOUND ALUMINUM CAP (A) 0 100 200 300 N 1/4 SECTION 28 Plan Scale: 1"= 100' o� LINE TABLE LINE TABLE t LINE BEARING DISTANCE LINE BEARING DISTANCE L17 S11'51'44"W 47.00 L21 SO'34'29"W 20.00 POINT "C" L18 N78-08'16"W 15.00 L22 N89'25'31"W 47.00 L19 N11'51'44"E 47.00 L23 NO'34'29"E 20.00 L20 S78'08'16"E 15.00 L24 S89'25'31"E 47.00 :2 L20 I P.O.B. 5 I/V f N89'16'05'W 1743.08' TIE g Parack1le —(�J�� J a POINT "D" m O N L18 Sri z o ` n E Providence Properties, LLC00 I N x M R6991222550 CO � olw� N V) o N Z N 0 Q g z� ca a P.O.B. 6 J L24 N89'16'05"W `a L21 868 t47'I (TIE) o L22 " M I z z E a Y O W. Ladle Rapids St. N co 3 Proposed Prescott Ridge Subdivision No.1 z W 3 FOUND IRON PIPE a C 1/4 SECTION 28 a a a, 0 E N G I N E E R I N G m 5725 NORTH DISCOVERY WAY = BOISE,IDAHO 83713 PHONE(208)639-6939 Exhibit B - City of Meridian Water and Sewer Easement kmengllp.com Prescott Ridge Subdivision No. 1 D DATE: August 2022 — -------- -- a PROLE CT: 21-099 SHEET: Situated in the Northwest 1/4 and the West 1/2 of the Northeast 1/4 a 2 OF 2 of Section 28, T4N, R1W, B.M., City of Meridian, Ada County, Idaho r� 26.66 s89°16'05"e v, - O fV h O 7 O O m O o r1 O O c O n n89"16'05"%, 26.58 Title: P.O.B. 1 Date: 08-22-2022 Scale: 1 inch = 10 feet File: Deed Plotter.des Tract 1: 0.018 Acres: 799 Sq Feet:Closure=n88.2820e 0.00 Feet: Precision=1/38977: Perimeter=113 Feet 001=s89.1605e 26.66 003=n89.1605w 26.58 002=s00.4355w 30.00 004=n00.3425e 30.00 25.85 s89°16'05"e C o O C n89°16'05"w 25.77 Title: P.O.B. 2 Date: 08-22-2022 Scale: 1 inch= 10 feet File: Deed Plotter-des Tract 1: 0.018 Acres: 774 Sq Feet:Closure=n88.2820e 0.00 Feet: Precision=1/38420: Perimeter= 112 Feet 001=s89.1605e 25.85 003=n89.1605w 25.77 002=s00.4355w 30.00 004=n00.3425e 30.00 i 1 � 29.50 s89°25131"e N - O N Q O G M o o M O O C O n89°25'31"w 29.50 Title: P.O.B. 3 Date: 08-22-2022 Scale: 1 inch= 10 feet File: Deed Plotter.des Tract 1: 0.020 Acres: 885 Sq Feet:Closure=s89.2534e 0.00 Feet: Precision=1/116883: Perimeter=119 Feet 001=s89.253 I e 29.50 003=n89.253 I w 29.50 002=s00.3429w 30.00 004=n00.3422e 30.00 1 f� ssie49 si �e ,o o� �ry ry49, 16 pp11 it, Title: POB 4 Date: 08-23-2022 Scale: 1 inch=20 feet File: Tract 1: 0.018 Acres: 787 Sq Feet:Closure=s78.5007w 0.01 Feet: Precision=1/21284: Perimeter=128 Feet 00 1=s34.0044w 47.02 003=n32.1038e 47.00 002=n57.4922w 16.00 004=s57.4922e 17.51 Title: P.O.B. 5 Date: 08-24-2022 Scale: 1 inch=20 feet File: Tract]: 0.016 Acres: 705 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter=124 Feet 001=s11.5144w 47.00 003=n11.5144e 47.00 002=n78.0816w 15.00 004=s78.0816e 15.00 47.00 s89°25'31"e 0 3 C. o n O N O N O O O n89°25'3 I"w 47.00 Title: P.O.B. 6 Date: 08-24-2022 Scale: 1 inch=20 feet File: Tract 1: 0.022 Acres: 940 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter=134 Feet 001=s00.3429w 20.00 003=n00.3429e 20.00 002=n89.2531w 47.00 004=s89.2531e 47.00 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Quartet Southeast Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 ADA COUNTY RECORDER Phil McGrane 2022-077599 BOISE IDAHO Pgs=8 NIKOLA OLSON 09/07/2022 11:52 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0219 Quartet Southeast Subdivision No.1 Sanitary Sewer and Water Main Easement No. 1 STY SEM%R MR WAS BJAM EASEMENT THIS Easement Agreement, made this 6th day of September 20 22 between QuenzerFartns LLLP,whotook We as Quenmer Fauns L.P., ("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.01101J2420 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.0 1/0 1/2020 GRANTORS: QUENZER FARMS LLLP, an Idaho limited liability limited partnership B -¢ Dean Quenzer,General Partner By: in r,General Partner STATE OF IDAHO y :ss. County of Ada ] AEC01- On this ��day of Ju*,2022, before me, a Notary Public in and for said state,personally appeared Dean Quenzer, known or identified to me to be a general partner of Quenzer Farms LLLP, an Idaho limited liability limited partnership, and acknowledged to me that he executed the within instrument of behalf of said limited liability limited partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .GCgY A. 8 <y�. OTARY%��0., Notary ubl' for Idaho ? C�; �•� �'�, My Commission Expires: • C : n UBLZ q; cll,•.�;ni.No.�•.•,���•• STATE OF IDAHO ) :ss. County of Ada ) On this Id? oft*,2022,before me,a Notary Public in and for said state, personally appeared Marvin Quenzer, known or identified to me to be a general partner of Quenzer Farms LLLP, an Idaho limited liability limited partnership,and acknowledged to me that he executed the within Instrument of behalf of said limited liability limited partnership. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ��•`t�,G•.••••••••.•� •,� Notary P lic for Idah •:�OTAR y: O= My Commission Expires:_1// -1'az S . � : _ LIC • • UB •i q"qi ••chi+•�Qj.No•,1�••• ���• GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 9-6-2022 Attest by Chris Johnson, City Clerk 9-6-2022 STATE OF DAHO, ) . ss. County of Ada ) This record was acknowledged before me on 9-6-2022 (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.0 1/0 1/2020 tti s x.a „y E N G 1 W E E R I N G June 23,2022 Quartet Southeast Subdivision No. 1 Project No.20-125 Legal Description City of Meridian Water&Sewer Easement Exhibit"A" A parcel of land for an city of Meridian water and sewer easement situated in a portion of the North 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section 34,Township 4 North, Range 1 West, B.M., City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at an aluminum cap marking the Southwest corner of Section 34,which bears S00°27'12"W a distance of 2,632.05 feet from a found aluminum cap marking the West 1/4 corner of said Section 34,thence following the westerly line of the Southwest 1/4 of said Section 34, N00°27'12"E a distance of 2,171.84 feet; Thence leaving said westerly line,S89°32'41"E a distance of 545.50 feet to POINT OF BEGINNING 1. Thence S89°32'41"E a distance of 20.00 feet to a point hereinafter referred to as Point"A"; Thence S00°27'19"W a distance of 20.00 feet; Thence N89'32'41"W a distance of 20.00 feet,- Thence N00°27'19"E a distance of 20.00 feet to POINT OF BEGINNING 1. Said easement contains 400 square feet,more or less. TOGETHER WITH: Commencing at a point previously referred to as Point"A",thence N63°28'16"E a distance of 748.10 feet to POINT OF BEGINNING 2. Thence N43°46'36"E a distance of 31.00 feet; Thence S46"13'24"E a distance of 25.00 feet; Thence S43°46'36"W a distance of 31.00 feet; l hence N46°13'24"W a distance of 25.00 feet to POINT OF BEGINNING Z. Said easement contains 775 square feet, more or less. Said descriptions contain a total of 1,175 squarefeet,more or less. Attached hereto is Exhibit B-1 and by this reference is made a part hereof. ��1A� LA11',lj 1 459 © 5725 North Discovery Way • Qoise,Idaho 63713• 208.639.6939• kmengllp.com C:\KM INGINEERINGWA GENERAL-DOCUMENMRIMOTE WORK\PROJECT\20-125\CAD\SURVEY\EXHI BITS\220623ACHE)TEiOP.WATER F SEINER EASEMENT20 125.DWG,TREY ZIMMERMAN,6/23/20. BASIS OF BEARING N00'27'12"E 2632.05. • • • • • • . . N. Black Cat Rd. �N00'27'12"E 2171.84' r � _ � T (noo - Mz— �z Ln -- � p— >I o ;- M � �r. ;V 0 z tozK ` ��� mc�0�z V 0 A N.Brock Ave. D o DDn0 � E,.I � � R � Z`D r CJ7 N CL 1 ,p -mz-I O p z z m c„ Ln o cy W O C N.Geddes Ave. C) C' 0 o o 0rD CU z rD a O CDW rDD p Ln a. p \ z D \ o N 611% In n 01a a CD N O hl A O, O 00 b b\ 'O \ O CO c N ICD O Q LG a do, o� m v Z rn m rn Exhibit B-1 City of Meridian Sewer & Water Easement ❑_� _0 — Quartet Southeast Subdivision No. 1 =�a=Z on ADO m O c+❑^m 3 vie A Situated in a portion of the North 1/2 of the Northwest 1/4 of the Southwest 1/4 of w>Z o Section 34,T4N., R1W., B.M., City of Meridian,Ada County, Idaho ^ N C.\KM ENGINEERING\KM GENERAL-DOCUM,ENTS\REMOTE WORK\PROir:CT\20-125\CAD\SURVEY\EXI II81T5\20-125 ACHD PERMANENT EA5EMENT.WiG,KOBE ZIMMFRMAN,12/1/2021,DWG TO PDFJ O r DO __j rn crn .44 cr.+ {—i r z m -O Ln Z (n In Z _ Z In 7 CDCfg,+ W oo co (A (R O LR W r N rsi O W M N _J N X m rD _P m -Np OWi O > C) } I� rri r*i m 2 rri W I I � 0 ~ N GI N (A N N N N (,n O O O O O O O O z M m � DO P Iq Cn Cr O s Di CL \ � o tp °� ,, IP �q -any Sappa� 'N , — �; 2 G w r W L2 0 C �y D rD 0) CD CL >0 ;NZ m m Exhibit B - 1 City of Meridian Sewer & Water Easement smaG7 m 3Xa" Quartet Southeast Subdivision No. 1 �z O o w a p m s m A N Situated in a portion of the North 1/2 of the Northwest 1/4 of the Southwest 1/4 of z G v Section 34, T4N., R1W., B.M., City of Meridian,Ada County, ID E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Acclima Subdivision (FP-2022-0020) by The Land Group, Located generally North of W. Ustick Rd., South of McMillan Rd. and directly West of and adjacent to McDermott Rd. STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 9/6/2022 Legend DATE: 0 Project Lflcfl�ian TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: FP-2022-0020;A-2022-0150 Acclima Subdivision(aka Aviator Springs) LOCATION: 3235 N. McDermott Rd.,in the SE 1/4 of Section 32,TAN.,R.I W. F1 F11 II }5 �5 r I. PROJECT DESCRIPTION Final plat consisting of one(1)buildable lot on 6.70 acres of land in the M-E zoning district for Acclima Subdivision.Note: This is the second phase of the Aviator Springs preliminary plat(H- 2021-0065). Alternative Compliance is also requested to UDC 11-3B-7C.3,which requires street buffers to be planted with a variety of trees, shrubs, lawn or other vegetative groundcover. The Applicant proposes to plant an orchard on the northern 1/3 of the parcel in lieu of providing trees within the street buffers along future SH-16 and N. McDermott Rd.The reasons for the request are contained in the Applicant's narrative. The Director supports the Applicant's request with conditions requiring shrubs and vegetative groundcover to be provided within the 35-foot wide street buffers along N. McDermott Rd. &future SH-16 per the standards listed in UDC 11-3B-7C.3; and for the orchard trees to be dispersed evenly over the entire northern portion of the site. II. APPLICANT INFORMATION A. Applicant: Macy Lui,The Land Group,Inc. 462 E. Short Drive, Ste. 100, Eagle,ID 83616 B. Owner: Scott Anderson—500 Riverheights Dr.,Meridian,ID 83642 C. Representative: Same as Applicant III. STAFF ANALYSIS Page 1 Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(Aviator Springs H-2021-0065)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 I I-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 amount of common open space; therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. Note: The right-of-way for future SH-16 has already been dedicated to ITD; therefore, it wasn't included in the final plat. 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: 12/2/2021) ffi e mYinniq Map: - THE LAN � 1 sNduP BE— c—uz- aF• - i�ra: Proverp o.nn� L JL JL-1 JL JLJ ' �_ I—fl�•I.vr I :I�i,l I �.+r7 �. � li -sue � �. —Y�•L V.� •.a'—•- •.• , : .,, �a.....,,u�,,. Planner.Engineer,Landscape A.AilecC L JL JL JL- _I L.J _ _ 7a ..... .r•... ,.. .,,em,e.,,..�� II Pwjeci Summary: • G I P H 'r � — �• 3 � III— 'I= = r' �.>,..,..,...,..,.�,m., �.'o_ � wLL.. y lI 6 r �I�+IW� Iw�l=III-I ',� � �.•... iL ,LJL JL J�_JL JL JI J m '""�°"��"'•9XT' ' •�-- r w r J 7 r J r"I 'J r r''' j .....,�„a Inning flegmremeno: Uh- -�� � l JL•J JL JLJL - x -- --- � I c'y i PrNimi ...Plat-OrWHOW PP-01 B. Final Plat(dated: 5/31/22) Final Plat for W4CMIII9=R°e $� $3e Acclima Subdivision 3.32 $.33 Located in the NE 1/4 of the SE 1/4 of Section 32. Township 4 North,Range 1 West,Boise Meridian City of Meridian,Ada County,Idaho 2022 I Notes j 1 I - i r II ffi* 11fI+ I I 3rale'1'=,Od ; c._-- -aesm iwusnox Cure Tate i I I Legend rI II 1 I I I ® ceuua,manr In°nrls xTl Aq 1 O �vomrnemu e m[�ulo[n - .._..-.-.-..0 ae uxl[°ec uarul®avmccwlm. l g + � �I�� auwcwraR°,mrcurr r + ro«ur I 1' I ! ,I Rcross w.r ue 1 I , mss>Rvn�„xr m�s�olnce„eRw„mr.nertan ma I Surrey Narrative 1,� I I �asruW" u�esomw�� f I I rrfJ I I o¢1°wmu[en�z zce ceoa��ena[axrcram�a. Referenced Surveys I I , RKom°r.wmw.nsaa�ennwulnr�m°c MT r se��a ! 1 ) ,Enks,rwa,r,a-Iwems I I I ,�sr,,,00,vmn cv,ri�srmz�-n�cs, 11 nncamn°mw i i I su�eera,v� 1 THE r LAND GROUP Page 3 C. Landscape Plan(dated: 07/12/2022) olk w aauoa� O d11110Gd IMMOIWo aKV HOINUSH VW1133V ' L — — -T.7 I i M y e I � I• y • iyp."G E�i�gp a p e�4 r e r r s i'�, '■ _JI� $ i (Q?p Vp Help h.r al 11 IN eR NO ik f S a ww all em!133Y A.LI113VJ IN3WJOl3A30 (INV HOMS31 VNI133—V Ii, I I I i I E EEI E E K 12 49 9 9 - - - --------- 2 wgg M T..j s ------------------ it II --------------------- Page 5 Oil MUM JUITOU INMOAM aNV H3MUS219 ' a I a 3 a 9 3 a 3233 9 a E E 9 91 m D 1 5 5 5 - - - --------- H HEM E 0 El 41 -———————————————————————— ————————1—1—1—1—1 t—1—1 Tr �4+�4:4 4 f . . . 4�f + + 4 4 �4 . . . . 4 + + } � + 444 } + + + 4 4 + . . . . . . . . ... + + + L 4% 4,4 0 +'. .9 � �+':+4 4,' ',',',-t 4 4 4 1 4 4 — . 4 . 4 — + 4 + + 4 4 + 4 + 1 4+4 4 1 .......... ML -------------- .... ....... .......... L9 k-------------- -——————————————— mat Btu as A11113VA INMOMA30 aNY NUNN vW1133V i 1 a 3 3 2 3 3 Si77 S a E E E E E E E E 1 5 5 - - - --------- 11 Mill, R R-I I I I I I I + I + 1 4 4 J1++%4+1�'4�4+�4�4+� +,+,4 + + 1 4 4 + + 1 4 4+�+�, + + + + 4 +040 k 4 . . . . . 4 4 4 + + 4 4+ . . + 4 4 !+ 4 + 1+n-+ - -+Q 04 4+ 4 + + + + + 4 4 + 4 4 J4+1 . . . . 4 + + 1 1 4 4 1 1 4" 0,C) + + + + 4 + + 8 + + 4 . . . . . 4 4 4 \� 4 ;E . . . . . . . . . . . 4 4 + t4t%%Qt 4 4 +Q fD 0 t + 4 + � 4 4 +h4%+4++%++++++%++4+4 4 4 4++ + + ———————————————————————-- 4 + + + + -rp;- Page 7 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst. #2022-026378) and preliminary plat(H-2021-0065) 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(Aviator Springs No. 1 FP-2022- 0013); 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 The Land Group, stamped by James R. Washburn, dated: 5/31/2022, included in Section V.B shall be revised as follows: a. Depict a minimum 35-foot wide street buffer along N. McDermott Rd., an entryway corridor, in a common lot or a permanent dedicated buffer in accord with UDC 11-313-7C.2a. b. Modify plat note#7 as follows: "The landscape buffers shown hereon shall be owned an maintained by the prope owner." A copy of the revised plat shall be submitted with the final plat for City Engineer signature. 5. The landscape plan prepared by The Land Group, Inc., dated 7/12/2022,included in Section V.C, shall be revised as follows: a. Depict shrubs and vegetative groundcover within the 35-foot wide street buffers along N. McDermott Rd. and future SH-16 in accord with the standards listed in UDC 11-3B-7C.3a. Alternative compliance was approved to the standards in UDC 11-3B-7C.3b, which require trees within the street buffer, to allow an orchard in lieu of street trees on the northern 113 of the property within the street buffers along future SH-16 and N. McDermott Rd. b. Evenly disperse the trees in the orchard over the entire northern portion of the property. The orchard trees are not required to be installed until the time of lot development. A copy of the revised landscape plan shall be submitted with the final plat for City Engineer signature. 6. All stormwater swales incorporated into required landscape areas shall comply with the standards listed in UDC 11-313-11C. 7. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2B-3 for the M-E zoning district. 8. All fencing shall comply with the standards of UDC 11-3A-7C. 9. All waterways on this site shall be piped as set forth in UDC 11-3A-6B unless otherwise waived by City Council. 10. A Certificate of Zoning Compliance and Design Review applications shall be submitted for the non-residential portions of the development and approved prior to submittal of applications for building permits. All non-residential structures shall comply with the design standards listed in the Architectural Standards Manual. 11. 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 1. Site Specific Conditions: 1.1 The applicant shall be required to pay the Oaks Lift Station and Pressure Sewer Reimbursement Fees in the amount of$265.25 per building lot. The aggregate amount of the reimbursement fees for the entire preliminary plat area must be paid with the first final plat application. 1.2 The applicant shall be required to pay the Oaks Lift Station Pump Upgrades Reimbursement Fees in the amount of$185.43 per building lot. The aggregate amount of the reimbursement fees for the entire preliminary plat area must be paid with the first final plat application. 1.3 Sewer/water easement widths varies depending on sewer depth. Sewer 0-20 ft deep require a 30 ft easement,20-25 ft a 40 ft easement, and 25-30 ft a 45 ft easement. Adjust easements accordingly. 1.4 Ensure no sewer services pass through infiltration trenches. 1.5 Water Main blow-off required on W. Becky Dr per City standard drawing W 12. 1.6 Unless there are approved development plans for parcels R0486000210 and R0486000450 do not provide water service stubs. If these are not located correctly the developer of those lots just end up having to pay to abandon them. 1.7 Crosses and tees in arterial road(McDermott) are required to have valves in all direction. Add a valves where missing. 2. General Conditions: 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11"map with bearings and distances(marked EXHIBIT B)for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. Page 9 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any 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. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing,landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.17 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.19 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.20 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancity.oMlpublic_works.aspx?id=272. 2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. Page 11 VII. Findings In order to grant approval for an alternative compliance application, the Director shall determine the following: l. Strict adherence or application of the requirements are not feasible; or The Director finds strict adherence to the requirements in UDC 11-3B-7C are feasible. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the Applicant's proposal to provide an orchard on the northern 113 of the site in lieu of street trees within the street buffers along future SH-16 and N.McDermott Rd. a superior means of meeting the intent of the standards in UDC 11-3B-7C. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. The Director finds the alternative means of compliance will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Skybreak Subdivision No. 2 (FP-2022-0002) by DevCo, LLC, Located at 7020 S. Eagle Rd. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: AUGUST 16, 2022 ORDER APPROVAL DATE: SEPTEMBER 6, 2022 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 62 RESIDENTIAL ) CASE NO. FP-2022-0022 BUILDING LOTS AND 12 ) COMMON LOTS ON 11.12 ACRES ) ORDER OF CONDITIONAL OF LAND IN THE R-8 ZONING ) APPROVAL OF FINAL PLAT DISTRICT FOR SKYBREAK ) SUBDIVISION NO. 2. ) BY: CONGER GROUP ) APPLICANT ) This matter coming before the City Council on August 16, 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 SKYBREAK SUBDIVISION NO. 2, LOCATED IN A PORTION OF THE SOUTHEAST '/4 OF THE NORTHWEST 1/4 OF SECTION 4, TOWNSHIP 2 NORTH, RANGE 1 EAST, B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2022, HANDWRITTEN DATE: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SKYBREAK NO. 2 FP-2022-0022 Page 1 of 3 04/13/2022,by JEFF BEAGLEY, PLS, SHEET 1 OF 4,"is conditionally approved subject to those conditions of approval 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 August 16, 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 Laren Bailey, Conger Group, 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 SKYBREAK NO. 2 FP-2022-0022 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 6th day of September , 2022 By: Robert E. Simison 9-6-2022 Mayor, City of Meridian Attest: Chris Johnson 9-6-2022 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 9-6-2022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SKYBREAK NO. 2 FP-2022-0022 Page 3 of 3 EXHIBIT A STAFF REPORT C: E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 8/16/2022 Legend DATE: ��Pr�}e�#Lflcfl�ian TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner 0 208-489-0573 000 5t IF ` SUBJECT: FP-2022-0022 Skybreak No. 2 -- I LOCATION: 7020 S. Eagle Rd.,in the SE 1/4 of the -� NW 1/4 of Section 4, T.2N.,R.1E. (Parcel#S1404233660) i I. PROJECT DESCRIPTION Final plat consisting of 62 lots and 12 common lots on 11.12 acres of land in the R-8 zoning district. 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 III. 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. The first plat, for 81 single family lots and 21 common lots on 35.67 acres was approved by the Council in April of 2022 (FP-2021-0058). Amenities approved and provided with this plat include an 8,668 sq. ft. common space and several pathway segments. The landscape plan indicates these amenities are landscaped as required per UDC 11-3B-12 and 11-3G. Pagel At time of annexation and preliminary plat the City Council granted the applicant alternative compliance 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 Lots 29-41 of Block 2 to be approximately 1,000 feet in length. 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. It appears Lot 7,Block 2 does not meet the minimum 40 ft. frontage required in the R-8 zoning district. Otherwise,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, all lots within the development comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. 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 V. EXHIBITS A. Preliminary Plat red-marked to show area of Phase One (date: 6/16/2021) - -, �- i -- - - - - -- - - III I u "3 n p Page 3 B. Final Plat(date: 6/02/2022) 4" x EYUM C�8ill f _ yJ IILb)Ji�81h iii I { IT � I A SfTE DATA S E I�= I e 3 a r� ' `............... ,iEA-3,1 20 FRCP]SED LV D I ME9uEIT1JL LOIS Ix 35 COMMON ORNES I 1a f F'll_L gHwT—OF- ,u --- Torx : i 1 2 S� I3 I ELOCi i p p 2 I S] 3Lllia "I 3 I 3! 3 � I a e] rRalEc7'o11T 13 I une=s I t 1 FAIL-F FHdSF3 I u so- ' � I ] F1145E 9 b.pC 30 ~ e PHP�6 Z. � PHhSE T 8.0E � I M=5 RE IRMUM � NO PCLE RE1105ALr } ` 31 j y �� 3e rII I y k 3] I 36 �y�� ffr ao w u SOME ~ lE E CIF — —— — — E+ . J-M ACHIj CERTIFICATE OF COMPLIANCE Page 4 C. Landscape Plan(date: 6/13/2022) a07 KK 4 \�\� CLOCK a MAATOL E LI MATCHLME L2 i LacK \ i i J MATCHLWE L1 ATCH.ME L2 C V N BI K6 x \ BLocx z a � ez_ Page 5 D. Approved Landscape Plan(date: 6/16/2021) „ I ,o Page 6 E. Common Drive Exhibit f #. moo, SDWA �Y WATER f16ESrfM I LOT 14 TAKES CIREOT STREET �+ I ACCESS 7RIwEMY LOOATEC T F I Ov EAST SIDE of LOT. JIA '.ri I I o Y �S.OTJ' :70YM�N I V I I ORNE I 14 5.00' 510E 1�51ETBACK 7w O ZERO SETWK LOT UNF- TVP. I 1 s.w' Ls1ap 1 i I 132FFER - - zo.00' Fuwr '•:1 �.� sE-eacfS r - ' L- - -- - — - - —J r- --- ---- — � I1.'JC' REAR �'F a I SET4ICK TrP — .. �t 4 � I LOT 19 TAKu, CIRECT STREET 4 ACCESS DRIa£hhY LOC+STEC I ON Sam SICE or LOT. I' :: •' .. L——— ——————— � I z Page 7 � I • I I LOT 25 TANES DIREG7 STREET 4+ 4 ACCESS. DRIYEOrAY LOCATED - ❑N NORTH SIDE OF LOT. p h - Y yl 25 S '¢ 12,00' REAR "' w I SETB4Ck TYP ------------- 1 � 2s - a =3 4� 27 oQ----- — '10.D0' sIDE SET&b.CN I I ~ L17IL EASEMENT I � Z 28 I 2a { �� � I I s.Do• SIDE } f LOT W TAKES DIRELY STREET strW CN TYP ACCESS. DRIVEWAY LOCATED f ON EAST SIDE ❑F LOT. 30 � 1 1 —4 BLOCK 2 f Page 8 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. Prior to City Engineer signature on the final plat,the final plat prepared by Sawtooth Land Surveying LLC stamped by Jeff Beagley, dated: 4/2022,included in Section V.B shall be revised as follows: a. Lot 7,Block 2 shall be revised to meet the minimum lot frontage requirements(40 feet)for the R-8 zoning district per UDC Table 11-2A-6. b. Plat Note No 6—add instrument number. c. Plat Note No. 14—add instrument number. d. Plat Note No. 15—add instrument number. e. Plat Note No. 16—add instrument number 3. 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. 4. 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. 5. Developer shall comply with all ACHD conditions of approval. 6. The plat shall comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 7. 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. 8. 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 11-6B-7. 9. Administrative design review is required prior to building permit for all new attached residential structures containing two(2) or more dwelling units. 10. Staff s failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. Page 9 B. PUBLIC WORKS Site Specific Conditions: 1. Water main valve at the intersection of Englehart Dr and Averial Way should be located on the west side of the tee. 2. The water service for Lot 2,Block 2 shall not cross adjacent property,but rather should be in common lot. 3. Ensure no permanent structures(trees,bushes,buildings, carports,trash receptacle walls, fences, infiltration trenches,light poles, etc.)are built within the utility easement. 3. Ensure that SSMH-4 does not fall within the gutter. 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 Page 10 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 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. Page I I 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 12 From: Laren Bailey To: Bill Parsons; Bill Narv; Kurt Starman;City Clerk Subject: RE:Skybreak No.2 Final Plat Staff report for 08/16/2022 CC Mtg Date: Thursday,August 11,2022 3:23:28 PM External Sender-Please use caution with links or attachments. Bill, We do not see any issues with the Staff report. Thank you From: Bill Parsons <bparsons@meridiancity.org> Sent: Friday, August 5, 2022 3:31 PM To: Laren Bailey<laren@congergroup.com>; Bill Nary<bnary@meridiancity.org>; Kurt Starman <kstarman@meridiancity.org>; City Clerk<CityClerk@meridiancity.org> Subject: Skybreak No. 2 Final Plat Staff report for 08/16/2022 CC Mtg Attached is the staff report for the Skybreak No. 2 final plat application (FP-2022-0022). This item is scheduled to be on the consent agenda at the City Council work session on August 16, 2022. 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. Laren - Please submit a written response to the staff report to the City Clerk's office (cityclerkPmeridiancity.org) and me as soon as possible. IF you are not in agreement with the staff report, the item will be placed on the regular meeting agenda at a subsequent meeting for discussion. Thank you, Bill Parsons,AICP I Planning Supervisor City of Meridian I Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 1 Direct: 208-489-0571 �fE II D� Built for Business, Designed for Living 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. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for TM Center East No. 1 (FP-2022-0021) by Brighton Development, Inc., Located at 700 S. Wayfinder Ave. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: AUGUST 16, 2022 ORDER APPROVAL DATE: SEPTEMBER 6, 2022 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF FOUR(4) ) CASE NO. FP-2022-0021 BUILDING LOTS ON 21.73 ACRES ) OF LAND IN THE C-G ZONING ) ORDER OF CONDITIONAL DISTRICT FOR TM CENTER EAST ) APPROVAL OF FINAL PLAT SUBDIVISION NO. 1. ) BY: BRIGHTON DEVELOPMENT, ) INC. ) APPLICANT ) This matter coming before the City Council on August 16, 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 EAST SUBDIVISION NO. 1, LOCATED IN A PORTION OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 IOF SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2022, HANDWRITTEN DATE: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CENTER EAST NO. 1 FP-2022-0021 Page 1 of 3 5/31/2022, by AARON L. BALLARD, PLS, SHEET 1 OF 4," 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 August 16, 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 EAST NO. 1 FP-2022-0021 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 6th day of September , 2022. By: Robert E. Simison 9-6-2022 Mayor, City of Meridian Attest: Chris Johnson 9-6-2022 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 9-6-2022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TM CENTER EAST NO. 1 FP-2022-0021 Page 3 of 3 EXHIBIT A STAFF REPORTC� fE COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT DATE: 8/16/2022 o rR'f'`- KHN TO: City Council FROM: Sonya Allen,Associate Planner - - --- ; } ILL 208-884-5533 G ''e^"EiEMEni !SCHOOL SUBJECT: FP-2022-0021 9 201 TM Center East No. 1 ----- PROPERTY LOCATION: rz f 700 S. Wayfinder Ave., in the NW 1/4 of Section 14,T.3N., R.1W. - « _.._.._.._.._.,. ....... I. PROJECT DESCRIPTION Final plat consisting of four(4)building lots on 21.73 acres of land in the C-G zoning district for TM Center East No. 1. Note: The proposed final plat is actually the fifth 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); and TM Center Sub. I (4`h phase FP-2022- 0009).] 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 11-6B-3C.2. The proposed final plat depicts 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 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:P=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 C o O O PRELIMINARY PLAT DATA IFGEN. ® © ® C Y � O O ® ® �u�oe. - .rei ro_ ���� •' SLIRVEY CONTROL NOTES ® � Q° ® WLM£�r ® i m.rwuse wv usa.m - nm nets�a .sn n0 vnm +vouyp'Wr rid wau ,. -e TM CENTER SUBDIVISION _ MERIDIAN,IDAHO - —E—EET m,�artM� iv.w xna a-s•' ru yc'Py,cf� km mal un x d..in,�r.m.,io..m ,.I cslP,eIb P.F. �uPP. - a � I Page 2 B. Final Plat(dated: 5/31/22) Plat of _� TM Center East Subdivision No.1 r� �� r mn ux of m.xmlw,an uams«el�,u, rv.,�mlaarwm.Pawe=wna,iexiclnux.aevan m,iarm+leam 15 wa�unw, eersmlr.x.ua ---- z aa.... 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Landscape Plan(dated: 6/17/22) ---- IWO ----------------------------- ---------- --y v `. �._—-_ 1J O ------------------------------ �1 LhN DSCAPE PL4N— m uou 1 2 � n =LL 3R -LIE E a 4 5 km m,.wn 6 Page 5 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: I. 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 5/31/22 by Aaron L. Ballard, included in Exhibit B shall be revised as follows: a. Include the recorded instrument numbers for the City water and sewer, shared access, and storm retention easements graphically depicted on the face of the plat. b. Include the recorded instrument number of the ACHD ROW dedication on the face of Sheets 1 and 2 of the plat, as applicable. c. Note#7: Include the recorded instrument number of the CC&R's. d. Graphically depict minimum 20-foot wide permanent dedicated street buffers along S. Wayfinder Ave. and S.Vanguard Way, collector streets,measured from back of curb. Include a note stating the buffers will be maintained by the property owner or business owner's association, as applicable. 5. The landscape plan prepared by KM Engineering, dated 6/17/22 included in Exhibit C, shall be revised as follows: a. Depict landscaping within the street buffer along S. Wayfinder Ave., and S. Vanguard Way per the standards listed in UDC 11-313-7C.3a—all required landscape buffers along streets shall be planted with trees and shrubs, lawn or other vegetative groundcover. 6. The subject property shall be subdivided prior to issuance of any Certificates of Occupancy for the site per requirement of the Development Agreement. 7. 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: I. The bottom of structural footing shall be set a minimum of 12-inches above the highest established normal ground water elevation. 2. Maintenance of any irrigation and/or drainage pipes or ditches crossing a lot is the responsibility of the lot owner unless such responsibility is assumed by an irrigation/drainage entity or lot owner's association. Page 6 General Conditions: 3. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. Sewer main extension is being constructed as part of application LDIR-2022-0031. 4. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. Water main extension is being constructed as part of application LDIR-2022-0031 5. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 6. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B- 14A. 7. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing,landscaping,amenities,pressurized irrigation,prior to signature on the final plat.. 8. The City of Meridian requires that the owner post 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. Warranty surety will be required under application LDIR-2022-0031. 9. 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. 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-I 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 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 Page 7 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. 16. 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. 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 8 Sonya Allen From: Joshua Beach <JBeach@ brig htoncorp.com> Sent: Wednesday, August 10, 2022 3:02 PM To: Sonya Allen; Clerks Comment Cc: Bill Parsons Subject: RE: TM Creek East No. 1 FP-2022-0021 Staff Report for Council on 8/16 External Sender- Please use caution with links or attachments. Sonya, we are in agreement with the condition in the staff report. 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 brig htoncorp.com From: Sonya Allen <sallen@meridiancity.org> Sent: Wednesday, August 10, 2022 11:46 AM To: Clerks Comment<comment@meridiancity.org> Cc: Bill Parsons<bparsons@meridiancity.org>;Joshua Beach <JBeach@brightoncorp.com> Subject: RE:TM Creek East No. 1 FP-2022-0021 Staff Report for Council on 8/16 Please replace the report I sent earlier with this one;the map was incorrect in it.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 I Direct/Fax: 208-489-0578 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. From: Sonya Allen Sent: Wednesday,August 10, 2022 10:46 AM To: City Clerk- Land Use Items (comment@meridiancity.org)<comment@meridiancity.org> Cc: Bill Parsons<bparsons@meridiancity.org>; 'Joshua Beach' <JBeach@brightoncorp.com> Subject:TM Creek East No. 1 FP-2022-0021 Staff Report for Council on 8/16 Attached is the staff report for the final plat for TM Creek East#1.This item is scheduled to be on the consent agenda at the City Council work session on 8/16.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. i 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 Built for Business, Designed for Living 0®©0 13 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. 2 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Black Cat Industrial Project (H-2021- 0064) by Will Goede of Sawtooth Development Group, LLC, Located at 350, 745, and 955 S. Black Cat Rd. and Parcel S1216131860 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N,, AND DECISION&ORDER a In the Matter of the Request for Annexation of 126.57 Acres of Land from RUT in Ada County to the I-L(125.59 Acres) and R-15 (0.98 Acres)Zoning Districts,by Sawtooth Development. Case No(s).H-2021-0064 For the City Council Hearing Date of: August 16,2022 (Findings on September 6,2022) A. Findings of Fact 1. Hearing Facts(hearing date of August 16,2022; original CC staff report date: December 21, 2021, incorporated by reference) 2. Process Facts(hearing date of August 16,2022; original CC staff report date: December 21, 2021, incorporated by reference) 3. Application and Property Facts(hearing date of August 16,2022; original CC staff report date: December 21,2021, incorporated by reference) 4. Required Findings per the Unified Development Code(hearing date of August 16, 2022; original CC staff report date: December 21, 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 § 1 I-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the development agreement provisions set forth in the attached Staff Report for the hearing date of August 16,2022,incorporated by reference. The provisions FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BLACK CAT INDUSTRIAL ANNEXATION-H-2021-0064 - 1 - are concluded to be reasonable and the applicant shall meet such requirements in accord with the 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 is hereby approved per the development agreement provisions in the Staff Report for the hearing date of August 16,2022, 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. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(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 August 16, 2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BLACK CAT INDUSTRIAL ANNEXATION-H-2021-0064 -2- By action of the City Council at its regular meeting held on the 6th day of September 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 9-6-2022 Attest: Chris Johnson 9-6-2022 City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: 9-6-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BLACK CAT INDUSTRIAL ANNEXATION-H-2021-0064 -3- EXHIBIT A STAFF REPORT C: E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 12/21/2021 Legend -1 DATE: lei Lflcaiian -, TO: Mayor&City Council FROM: Alan Tiefenbach Ll 208-884-5533 �L ti SUBJECT: H-2021-0064 a.. Black Cat Industrial AO , LOCATION: The site is located at 350, 745, 935, and 955 S. Black Cat Road and Parcel S1216131860 r I. PROJECT DESCRIPTION Annexation of 129.21 acres of land with the I-L zoning districts to allow industrial development. This application also includes a proposal to annex a 0.98-acre property with the R-15 zone district to provide the required annexation path. NOTE:Staff has met with the applicant numerous times to discuss this project.Staff has expressed many concerns including the lack of compliance with the Ten Mile Interchange Specific Area Plan (TMISAP) in both use and design,potential traffic impacts,probability of low job generation, and whether the timing is right for a development of this magnitude in this location when other properties on the east side of N. Black Cat Road have not fully built out as approved. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 130.2 acres Future Land Use Designation Medium High Density Residential for the 0.98-acre parcel to the east,Mixed Employment and Low-Density Employment for the 129 acres to the west. Existing Land Use(s) Vacant and Single Family Residential Proposed Land Use(s) Industrial business complex Lots(#and type;bldg./common) 5 existing lots,no platting proposed with this application Phasing Plan(#of phases) Phase Plan indicates 3 phases Number of Residential Units(type One single family residence being retained. of units) Page 1 Description Details Page Density(gross&net) N/A Physical Features(waterways, The Rosenlof Drain is indicated along the northern hazards,flood plain,hillside) property line,but not on the subject property. Neighborhood meeting date;#of August,9,2021,22 attendees including the applicants attendees: 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 S.Black Cat Rd.is existing,concept plan indicates east- Hwy/Loca1)(Existing and Proposed) west collector through the middle of the site,and new north-south collector at west property line. Traffic Level of Service Better than"E". Stub Street/Interconnectivity/Cross East west collector bisecting the property,and a north- Access south collector running along western property line proposed. Existing Road Network S.Black Cat Rd and W.Franklin Rd Existing Arterial Sidewalks/ There are no existing buffers or sidewalks along S.Black Buffers Cat Rd. Proposed Road Improvements Applicant would be required to improve S.Black Cat Rd with 17 feet of pavement and curb,cutter and sidewalk. Applicant would also be required to construct two east- west collectors(one through the middle of the site,one along the northern property line,and one north-south collector along the western property line. Fire Service • Fire Response Time • Project can be served,but will be out of 5-minute response time. _ • Comments • Station 6 is closest at about 6 to 7 minutes away.All buildings will be sprinklered and may need fire pumps to meet fire flow.The entire project will require secondary access that meets the 2018 IFC. • The proposed fire station property is in a good location for the MFD future station areas,but at this time there is no avenue to trade the property for impact fees.The city would need to purchase the property outright. Police Service No comments Wastewater • Distance to Sewer Directly Adjacent Services • Sewer Shed 1 South Black Cat Trunkshed • WRRF Declining Balance 14.21 • Project Consistent with Yes WW Master Plan/Facility Plan • Issues/Comments • Flow is committed. Page 2 Description Details Page Public works is okay with the building up of the site to accommodate sewer as long as surface slopes are no more then 3:1 All drainage is retained onsite. • There are multiple 8"lines without easements. Easements must be provided for 8"mains,however, based off flows these could be decreased to 6" service lines. • Ensure no sewer services pass through infiltration trenches. Water • Distance to Water Services 340 ft. • Pressure Zone 1 • Water Quality No concerns • Project Consistent with Yes Water Master Plan • Impacts/Concerns • Water will be provided initially from pressure zone 1, but will be from pressure zone 2 when development from the east connects. Pressure change will be approximately 22 psi higher. • Provide for water connections at future road connections to east and west(blind flange or stub to PL as appropriate. • Ensure adequate valving is provided to allow future pressure zone change. • Existing wells must be decommissioned according to IDWR rules which include employing methods to ensure grout fills the annular space outside of the well casing. Record of abandonment must be provided to the City prior to final plat signature. Page 3 Project Area Maps Future Land Use Map Aerial Map Legend High Legend Re�sidn ��Pra"ec- Loca=or I� F•o,"e Lxa�or . u all+ � iz_ � I - �.ayrn.. of MU- 1�J ' C r■ i High . Emp w nsity Resideniiol Zoning Map Planned Development Map Legend 0 Legend =1 ICIProject Lacfl-fion `M-E 10Project LucaSm R1 R-15 R1 -15 clay Urn& R-1 — Plo n ned Pum-els II 1 R. L 7 R-40 I �1 mpu R1 _o R1 s RR s Applicant Information A. Applicant/Owner: Will Goede, Sawtooth Development—371 N. Main St. Ste 201, Ketchum, ID 83340 B. Representative: The Land Group—462 E. Shore Dr, Ste 100, Eagle, ID 83616 Page 4 III. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 11/2/2021 7/31/2022 Radius notification mailed to properties within 300 feet 10/28/2021 7/28/2022 Sign Posting 10/29/2021 12/2/2021 Nextdoor posting 10/28/2021 7/29/2022 IV. STAFF ANALYSIS This is a proposal for annexation of 129.21 acres of land with the I-L zoning districts to allow an industrial development including 9 buildings ranging in size from 131,000 to 342,160 sq. ft. (Buildings A-J) and 7 smaller commercial buildings ranging in size between 6,800 to 33,600 sq. ft. (Buildings K1-MI). This application also proposes to annex an 0.98-acre property with the R- 15 zoning district for the sole purpose of making this property contiguous with City limits in order to request annexation. A. Annexation and Zoning The applicant proposes to annex the 0.98-acre parcel with the R-15 zoning district in order to achieve the contiguity to be eligible to annex the 129.21 acres of property on the west side of S. Black Cat Rd. The applicant proposes to rezone the remaining 129.21 acres west of S. Black Cat Rd. to I-L(Light-Industrial).As is discussed below, staff does not support rezoning to I-L and finds M-E would be the appropriate zoning as indicated in the TMISAP. Staff does find the Plan supports rezoning the 0.98-acre parcel to R-15, although the applicant has not offered any additional details regarding future use of this property other than the existing residence will remain. B. Future Land Use Map Designation(https://www.meridiancity.or /�compplan) The subject properties are within the Ten Mile Interchange Specific Area Plan (TMISAP). The Plan designates 745 S. Black Cat Road and the eastern half of Parcel#S 1216131860 for Low Density Employment(Buildings K1-M1). The Plan designates the western half of Parcel #51216131860, 935 S. Black Cat Rd and all of Parcel#51216417365 for Mixed Employment (Buildings A-J). The property at 350 S. Black Cat Rd(east side of N. Black Cat Rd) is designated for High Density Residential(density range of 8 to 15 dwellings/acre). i. Low Density Employment This use is defined by the TMISAP as low-rise office and specialized employment areas. Low Density Employment areas should provide a variety of flexible sites for professional offices and similar businesses. Low Density Employment areas should be designed with elements of Traditional Neighborhood Design. Design and development standards such as landscaping,pedestrian circulation and connection to open spaces,are recommended to help make developments more attractive, engaging and accessible places. Appropriate land uses include corporate and business offices as well as research facilities and laboratories. ii. Mixed Employ This use is described by the TMISAP as an area to encourage a diversity of compatible land uses that may include a mixture of office,research and specialized employment Page 5 areas,light industrial including manufacturing and assembly,and other miscellaneous uses.Mixed Employment areas should provide a variety of flexible sites for small,local or start-up businesses, as well as sites for large national or regional enterprises.Mixed density employment will accommodate a wide variety of employers and serve as a primary gateway to Meridian and Meridian's prosperity. -a USTrr LoVv Den ity _;I -- -- 'Med:High Densit' Residential E lUk`U Hiopwr gh Deny • Empl � A Applicant's proposal: The applicant requests to annex and zone the 129.21 acres of property west of S. Black Cat Rd to I-L. The applicant requests to annex and zone the 0.98-acre parcel at 350 S. Black Cat Rd to R- 15. The applicant's narrative states their proposal meets the TMISAP intent of low-density employment and mixed employment areas as it would provide a variety of flexible sites and allow the larger double and single loaded light-industrial buildings to be divided into spaces as small as 18,000 square feet. The narrative states the Black Cat Business center would provide in-demand manufacturing,heavier office build-out, flex industrial and accessory retail,warehousing and distributing facilities in this region. It mentions the Mixed Employment designation in the TMISAP does list light industrial as one of the appropriate uses. Finally,the narrative notes the City of Meridian has less than a 1 percent vacancy rate for industrial business uses,and the Treasure Valley as a whole lags behind its peer markets. The concept plan submitted by the applicant indicates 7 buildings ranging in size between 6,800 to 33,600 sq. ft directly adjacent to the west side of S.Black Cat Rd(Buildings K1-M1). The applicant's narrative states that in this area the project includes flex incubator buildings which could be divided into spaces as small as 2,500 square feet. The applicant also proposes to set- aside an approximately 18,000 sq. ft. lot for a potential 10,000 sq. ft. fire/emergency services station. On the remainder of the subject properties to the west,the concept plan reflects 9 very large buildings ranging in size from between 131,820 sq. ft.to 293,280 sq. ft. to a total of 1,897,480 sq. ft. (Buildings A-J). These buildings are oriented with one row north of a new collector and one row south of the new collector. The concept plan shows multiple loading bays on all buildings and a wide collector street to accommodate large truck traffic. Page 6 Staff Response: Staff does not support annexation and zoning to I-L as I-L would allow uses not supported by the Plan in this area. Staff s response to the applicant has been that the TMISAP vision for the area adjacent to I-84 is an employment district that will support the creation of more than 20,000 jobs offered by a wide variety of employers. It should serve as a primary gateway to Meridian and Meridian's prosperity, and provide local employment to the large amount of new residential across S. Black Cat Rd to the east and W. Franklin Rd to the north and east. Staff notes the TMISAP states"the City knows that this is one of the last remaining large, contiguous areas of highly visible,easily accessible, and developable land within the City of Meridian's Area of Impact." The applicant's narrative mentions light industrial is listed as one of the appropriate uses in the Mixed Employment Plan Area. This is correct,but the TMISAP refers to light industrial as manufacturing and assembly,which is consistent with the definition of light industrial per UDC 11-1A-1. Although the I-L Zoning District could allow numerous primary jobs,it also allows uses by right that would not be consistent with the goal for Mixed Employment per the TMISAP.This includes warehousing, distribution and self-storage,which typically does not produce a large number of primary jobs. Other uses allowed by right which staff believes are not consistent with the Plan include contractor's yards, equipment rental and sales,vehicle repair, and car dealerships. The plan designates these types of industrial uses to occur adjacent to W. McDermott Rd, further west of the subject property, away from the residential that is intended to develop across S. Black Cat Rd to the east. Based on the concept plan that has been provided by the applicant,the majority of the plan suggests a warehouse and distribution/storage development. This is in contrast to the TMISAP vision for sense of place,traditional neighborhood design, streets designed to serve all users, and multi-story construction(although the smaller Buildings K1-M1 directly adjacent to S. Black Cat Rd,would be closer to the TMISAP vision). Staff has recommended the applicant apply to rezone to Mixed Employment(M-E),which allows the mixture of office,research, specialized employment areas and the type of light industrial (manufacturing and assembly)which is intended for this area by the Plan. The applicant has elected to proceed with I-L zoning. Staff agrees there may be a strong market demand for industrial uses,but the Plan specifically says the intent of the TMISAP is to create a place that will add to the long-term economic stability of the City of Meridian,not just respond to immediate market forces and trends(page 3- 3). C. Comprehensive Plan Policies(https://www.meridiancity.or /g compplan): • Focus on developing industries that exceed the living wage, such as technology,healthcare and other similar industries. (2.06.01E) The TMISAP designates the subject property (except for 0.98-acre 350 S. Black Cat Rd)for low density and mixed employment. These areas are intended to capture full economic advantage of the Ten Mile interchange to enhance the long-term fiscal health of the City of Meridian and the Treasure Valley.Although annexing and zoning this area to I-L could create primary jobs as anticipated by the Plan, it could also allow uses such as distribution, warehousing and self-storage that would not create a significant amount ofprimary-wage jobs. • Ensure that regulations and plans support and encourage desired development and land use patterns within the Area of City Impact. (3.01.01 C) Page 7 The TMISAP specifically targets the subject property to accommodate a wide variety of employers and serve as a primary gateway to Meridian and Meridian's prosperity. There are additional design guidelines to create an environment that has a significant degree of coherence and continuity. The annexation of the subject property for the industrial uses described by the narrative and depicted on the concept plan do not meet the intent of the Plan in both use and design.Also, the Community Planning Association of Southwest Idaho (COMPASS) has submitted a development review letter. The summary of the letter indicates that COMPASS finds the level of stress on the roads would be "R" (unsatisfactory), it would lead to further decrease in the jobs/housing balance, and is not within the%mile walkable distance preferred for transit and goods and services. • Evaluate development proposals based on consistency with the vison as well as physical, social,economic, environmental, and aesthetic criteria. (3.01.01D) The TMISAP vision for this area is an employment-generating center that buffers the community from I-84 and the future extension of Highway 16, and serves the employment areas with easy access to markets, high-speed transportation facilities, and employees across the Treasure Valley. The TMISAP contains additional design standards for this area to create a sense of place and a unique identity. The proposed annexation and zoning to I-L to allow an industrial development of large distribution-style warehouses bisected by a wide collector road to facilitate freight traffic is not consistent with the Plan vision or the design for this area. • Promote Ten Mile,Downtown, and The Village as centers of activity and growth. (2.09.0313) As already mentioned, the TMISAP designates this area for an employment center for the local population in close proximity to nearby residences. Rezoning to I-L to allow a distribution and warehousing development would provide growth, but not the type anticipated by the Plan. Establish distinct, engaging identities within commercial and mixed-use centers through design standards. (2.09.03A) The Ten Mile Interchange Specific Area Plan focuses on developing an area that has an identity of its own, but which links to the nearby development. The current application could allow numerous uses not desired by the Plan, with monotonous architecture and design not consistent with the design guidelines. This does not further the intent of the Plan to create a unique sense ofplace. • Slow the outward progression of the City's limits by discouraging fringe area development; encourage development of vacant or underutilized parcels currently within City limits. (4.05.03B) This applicant proposes to annex 129 acres of undeveloped property which is surrounded by unincorporated land on all sides except at the northeast corner, in which the 0.98-acre parcel is being annexed in order to achieve the required contiguity. Further, much of the property to the east is not annexed or annexed with development agreements, but not built-out to their full capacity,further exacerbating the strain on the transportation network in the area. Full impacts on the transportation system will not be known with this development until the applicant completes a traffic study for ACHD to review and approve. There are no anticipated improvements to S. Black Cat Rd and W. Franklin Rd in the short term, and the closest water and sewer connection is approximately 340 feet to the north of the property. This would be considered unorderly and fringe development. Page 8 D. Existing Structures/Site Improvements: The majority of the property is vacant, except there is single family and agricultural development located at 935 and 745 S. Black Cat Rd. If these properties were rezoned to I-L,the residential and agricultural buildings should be removed. E. Proposed Use Analysis: The applicant proposes to zone to I-L. As mentioned above, staff believes the I-L district allows uses by-right which are not consistent with the high employment-generating uses intended for this area by the Plan, and the concept plan suggests a distribution and warehousing(or self-storage) development. Staff finds Mixed Employment(M-E)is the zone district which is more consistent with the TMISAP for this area. Staff believes the proposal to annex and zone 350 S. Black Cat Rd to R-15 would generally be consistent with the Medium High-Density Residential designation of the TMISAP. The applicant has not submitted any additional information for this property other than annexation of this property is necessary for the remaining 129.21 acres to be eligible for annexation. If the subject annexation is approved,the existing residence would need to connect to City services. F. Specific Use Standards(UDC 11-4-3): UDC 11-4-3-25 (Industry, light and heavy)requires all shipping and delivery and outdoor activity areas to be at least 300 ft. from any abutting residential district.Applications should identify how proposed use will address impacts of noise and other emissions on residential districts. The concept plan shows the outdoor loading and activity areas are at least 300 ft. from the adjacent residential district to the east. The applicant does not provide an explanation regarding potential impacts and/or how they would be mitigated. G. Dimensional Standards(UDC 11-2): The I-L zoning district requires a 35' street setback,20' landscape buffer along collector streets, 25' wide buffer along arterial streets, and allows height up to 50'. The concept plan and elevations submitted appear to meet these requirements. The TMISAP introduces basic rules of good design. This includes buildings built to public rights- of-way, easy pedestrian access,narrow streets to slow traffic,and the facades of larger commercial buildings being broken down into short frontages with"big boxes"being wrapped in smaller commercial,residential,and office uses. With some revisions, staff believes Buildings K1-MI as shown on the concept plan could mostly reflect these principles, although the buildings are oriented around a central parking lot rather than a courtyard. Also,the TMISAP mentions building frontages,rather than surface parking lots and landscaped areas,should"hold the corners"by framing sidewalks or public spaces whereas the entrance of this development from S. Black Cat Rd consists of landscaping and parking lots with building maintaining larger setbacks. The larger buildings A-J are oriented to a wide collector street,have larger front setbacks,have single building frontages between 180 ft. and 470 ft. in length,and are not broken down or wrapped with smaller buildings. Staff does not believe this encapsulates the TMISAP principals for design envisioned for this area and is skeptical the concept plan could be designed to meet these principles for the use as proposed. The City Council should decide whether this type of industrial use is appropriate in this area. Page 9 H. Access(UDC 11-3A-3, 11-3H-4): W.Franklin Rd west of the subject property is presently 2 lanes with no curb, gutter or sidewalk, and narrows to one lane west of S. Black Cat Rd. S. Black Cat Rd. is presently 2 lanes with no curb, gutter or sidewalk. The ACHD Capital Improvements Integrated Five Year Work Plan (IFYWP) shows the intersection of Franklin Road and McDermott Road to be constructed as a multi-lane roundabout sometime after 2026. Black Cat Rd is listed to be widened to 5 lanes between W. Overland Rd.to W. Franklin Road in 2036 to 2040. W. Franklin Rd. is planned to be widened to 5 lanes between W. McDermott Rd and S. Black Cat Rd from 2026 to 2030. W. Franklin Rd is eventually intended to connect to SH 16 by a signalized intersection. The TMISAP Transportation System Map shows a new collector street bisecting the property east to west and a new north-south collector street at the western property line(page 3-18). The TMISAP notes the primary purpose of the collector is to serve short length neighborhood trips and to channel traffic from local streets and abutting properties to minor and principal arterials (page 3-19). 1.rerisl '"— Subject Property PMannrlA~W E.bp-,- C. c.l.a.r 3 4 .Zw.w.rr P. Odl Cdl&LbM Este l WO.I UFOW Aeons[Hgnwayr ; Q RvwdaC.N The TMISAP Street Section Map designates new collectors in this area to be Street Section C (page 3-20). Section C represents the major collector streets to provide access from adjacent arterial streets into the employment areas. Street Section C(below)includes 11 ft.wide travel lanes, 6 ft. wide bike lanes, 8 ft. wide carriage strips, 6 ft.wide sidewalks and approximately 10 ft. setback from the back of detached sidewalks to the building wall (to a total width of 68'). This is consistent with the"complete street"concept discussed by the TMISAP to provide a street that works for motorists,bus riders,bicyclists, and pedestrians, including people with disabilities and to provide traffic calming. Bike IraVelLane IraVel Lane i e Lane 34' We Wb-to•curbdistance The concept plan provided by the applicant reflects the east-west collector bisecting the site to be 60' wide with all of this being travel lanes, and detached pathways and landscaping outside of the 60' of travel lanes. Rather than on-street parking,there are several rows of parking between building fronts and the road. Page 7 of the narrative states that the"new collector road bisecting Page 10 the development site will"provide easy freight access to the project"which is indicative of a typical industrial development. This is not consistent with the mixed employment area and with the street design principals on Page 3-20 of the TMISAP which state that"streets should be designed and sized to optimize pedestrian comfort and to facilitate slow-moving vehicular traffic." �-7�n_� 771. ---- INe €T472 WE Will 11 _� .. rPlan street layout . _ In addition to the collectors shown on the TMISAP Transportation System Map,the TMISAP Land Use Map(Page 3-16) shows a desired local street bisecting the site north to south. Also, ACHD has commented a third collector street is required along the Rosenlof Drain, at the northern perimeter of the property(the local street would connect the two east-west collectors). Although staff has mentioned to the applicant to provide this north-south local street,this connectivity is not provided on the concept plan. The northernmost collector as required by ACHD is also not shown. A traffic impact study is not a required item for an annexation application. However, staff notes this application proposes almost 2 million sq. ft. of new commercial or industrial square footage. Although the immediate area is mostly undeveloped,there is a significant amount of development in the vicinity which can be or has already been built,has been approved, or is in the development application stage. This includes 330 single family lots and 240 apartments in the Braya Subdivision across S. Black Cat Rd. to the east, and the large amount of commercial and residential development occurring at the 10 at Meridian,Vanguard Village, Ten Mile Crossing and TM Creek Crossing developments on both sides of N. Ten Mile Rd. south of W. Franklin Rd. Staff has mentioned to the applicant that the traffic impacts of nearby development already entitled have yet to be realized,there are no anticipated road improvements to W.Franklin Rd and S. Ten Mile Rd. in this area in the short term, and has expressed concerns regarding how the impacts of 2 million square footage of new industrial would affect the road network. The applicant has not provided any additional analysis. 1. Parking(UDC 11-3C): UDC 11-3C-6 requires one space for every two thousand sq. ft. of gross floor area in industrial districts.With Buildings A-J listed on the concept plan as comprising 1,900,000 sq. ft. +/-,this amounts to 950 parking spaces,whereas based on the numbers given on the concept plan,the number of parking spaces provided well exceeds this requirement. Future planning land use applications will determine the required number of parking spaces for all uses. The TMISAP encourages on-street parking throughout the Ten Mile Interchange Area where appropriate.Not only does on-street parking significantly add to the supply of needed parking Page 11 spaces, it provides an additional layer of physical and psychological separation between cars moving along the street and pedestrians, shoppers, diners and others on the sidewalks. Parking lots should not dominate the frontage of pedestrian-oriented streets or interrupt key pedestrian routes. Ideally,parking lots should be located behind or underneath buildings or within the interior of blocks. Less ideally, lots can be located beside the structures they serve. All parking lots visible from public thoroughfares should be screened by plantings or walls or a combination of the two. (page 3-26). As mentioned in the access section above,the concept plan reflects a wide collector street designed for truck traffic with no on-street parking. The majority of parking is provided to the side of Buildings A-J,but there are two rows of parking between Buildings G,H and the collector street. There is also a parking lot directly adjacent to S. Black Cat Rd south of Building M1, and Buildings L2 and L3 are oriented around a central parking lot which is adjacent to S. Black Cat Rd and parking. This is not consistent with the Traditional Neighborhood Design principles of the TMISAP which would support buildings oriented around a plaza, open space or courtyard and buildings rather than landscaping or parking"holding the corners." J. Pathways ( UDC 11-3A-8): The Pathways Master Plan(PMP)reflects a 10 ft. wide multiuse pathway aligned east-west at the southern perimeter of the site, adjacent to I-84. The concept plan indicates a 10' wide pathway along the southern perimeter of the site in the general location of the alignment shown on the PMP. It does appear the required 5 ft. wide landscape strip is provided along both sides of the pathway except near the southwest portion of the site. K. Sidewalks(UDC 11-3A-17): The concept plan indicates detached sidewalks of an unspecified width paralleling the new collector street on both sides,along S. Black Cat Rd.,along the western property line,and along landscaped islands running north-south between Buildings K1-M1 and Buildings A-J. Landscaping and/or parkways of an unspecified width are provided on both sides of the detached sidewalks. The sidewalks do provide connectivity throughout the development and to adjacent properties to the north and south. As mentioned in the access section above,the sidewalks are not consistent with Street Section C as it is reflected in the TMISAP. Instead of being components of a walkable street section,they run along a series of parking lots and drive aisles,consistent with what would be expected in a large industrial development. L. Parkways (UDC 11-3A-17): UDC 11-3A-17 requires parkways of a minimum width of 8 feet. It does appear parkways are incorporated into both sides of all detached sidewalks, although the width of these parkways is not provided. M. Landscaping(UDC 11-3B): A 50 ft.buffer is required along 1-84, a 20-foot wide landscape buffer is required adjacent to collector streets,and a 25-foot wide buffer required adjacent to arterial streets(S. Black Cat Rd). UDC 11-313-8 has landscape requirements for parking lots including 5 ft.perimeter streets and islands of at least 50 sq. ft.per every 12 parking spaces. The concept plan as submitted does appear to show the minimum landscape requirements are met,although as mentioned in the access section,the proposed collector streets do not appear to meet the Street Section C requirements as mentioned in the access section above. Landscaping requirements would be analyzed with future development. Page 12 N. Qualified Open Space (UDC 11-3G): As the development is proposed to be an industrial development,it is not subject to the qualified open space requirements of UDC 11-3G. However,the concept plan does indicate small parks on either side of the collector at the entrance of the development near where it connects to S. Black Cat Rd. Staff does believe this is a nice amenity, although the TMISAP notes that care must be taken to ensure that the programming and use of the space is not disrupted by vehicular traffic (page 3-43). O. Utilities Connection to City water and sewer services is required in accord with UDC 11-3A-21. Water and sewer are available in S. Black Cat approximately 340 feet north of the property. The applicant will be required to extend the sewer main and provide a connection for the properties across S. Black Cat to the east and south. The applicant will be required to extend the water main, stub the water line at the west property line and loop the line to the north to W. Franklin Rd. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances and the TMISAP. See Section VIII.B below for Public Works comments/conditions. P. Architecture(UDC 11-3A-19 I Architectural Standards Manual): The Architectural Standards Manual(ASM)has specific requirements for industrial developments. Building design should address scale,mass, form, and use a variety of materials and architectural features to ensure an aesthetic contribution compatible with surrounding buildings. There should be modulation in surface plane at no less than 50 ft. intervals. Developments should consider the scale of surrounding buildings. There should be at least 2 pedestrian-scale architectural features,physical distinctions to anchor the building. There should be at least two different field materials,with at least one accent material. The Design Section of the TMISAP is intended to serve as the basic framework on any given project within the Ten Mile Interchange Area and the basis for development of future design guidelines. Guidelines include the primary facades always including entries into buildings,being faced toward the streets,and entries being located so as to provide direct access from adjacent public spaces,primary streets and activity areas. In the low-density employment and mixed employment areas, low rise buildings of 2-4 stories with shallow setbacks are recommended over much of the area(page 3-38). At least 40%of the linear dimension of the street level frontages shall be in windows or doorways, and buildings should have three separate components—base, body and top. Page 1-3 of the TMISAP contains photographs and design graphics to illustrate the architectural character desired in the Low Density and Mixed Employment Areas. Page 13 1 � Low Density Employment Mixed Employment Mixed Empbyment Mo*dctartwd I vmill 6 . . . . . . . . . . . . . .. . . No more than 30%saMng on the front r5 - - - - - - - - - - - - - - - - - t to 4 stc Gas 0 tm %dy a Top me d R ma*run n a='wAft WO E 2 . . . . . s � . Mixed Employment The concept elevations provided by the applicant reflect large one-story industrial buildings(with higher ceilings and upper windows to appear as two-story)comprised of tilt-up concrete, CMU, moderate to large setbacks from the street, and frontages with less than the 20%required windows along the streets. Primary entrances are oriented inward toward the parking lots rather than toward the street. The applicant's narrative states that due to security and visibility concerns, the light industrial use of the buildings does not support windows across the entire frontage. As an alternative,they propose enhanced glazing at corner entry elements as shown in the renderings. Page 14 Staff notes design can be addressed during the time of the Certificate of Zoning Compliance (CZC). However, due to the proposed use it is unlikely the applicant's proposal as submitted could meet all the design requirements of TMISAP for Low Density and Mixed Employment in this area(such as variation in building height, orientation of primary frontages and massing and ground floor transparency). This proposal is for a large industrial complex with a concept plan suggesting warehousing, storage and/or distribution which would be challenging to design as the TMISAP discusses. The Planning Commission and City Council should discuss whether the I-L zone district,and the uses that would be allowed,is appropriate in this location. V. DECISION A. Staff: Staff recommends DENIAL of the requested annexation and zoning to I-L and R-15 based on the Findings in section IX. B. The Meridian Planning&Zoning Commission heard this item on November 18,2021. At the public hearing,the Commission voted to recommend denial of the subject annexation request. 1. Summary of the Commission public hearin& a. In favor: Deb Nelson,Mark Bottles b. In opposition:None c. Commenting: Deb Nelson and Mark Bottles d. Written testimony: Jim and Julie Olsen e. Staff presenting gpplication: Alan Tiefenbach f. Other Staff commenting on application:None 2. Key issue(s)of public testimony a. Traffic Impacts b. One citizen stated that many of the projected traffic improvements in this area are being removed due to lack of funding. 3. Key issue(s)of discussion by Commission. a. Asked applicant why I-L zoning was being requested and why M-E would not work. b. One Commissioner commented that although this was designated as employment center, jobs create more traffic. c. Commission voiced concern that the 0.98-acre parcel being annexed was only part of this proposal to make it eligible for annexation. d. Mentioned there is a lack of infrastructure,traffic was already an issue and this proposal seemed premature. 4. Commission change(s)to Staff recommendation: a. None C. The Meridian City Council heard this item on December 21,2021,March 1,April 26 and August 16,2022.At the public hearing.the Council voted to approve the subject AZ request. 1. Summary of the City Council public hearing: a. In favor: Deb Nelson,Tim Wolff.and Shane Felker b. In opposition:None C. Commenting: Kayla Rich,Corinne Kaddas,Julie Olsen, Terry Nyborg,Kristy Inselman. Paul Sevoy,Drew Eggers,Chris Pearson. Mark Bottles. and Uri Earley d. Written testimony: Jim and Julie Olsen,Drew Eggers,Jake Merrill,Jarron Langston ton Ronald Van Auker, Chase Weaver,Sam Johnson, Chris Nolan.Jesse Adame.Kathy McManus,Mark Bottles,Terri O'Neal.and Guy Shinn e. Staff presenting application: Alan Tiefenbach and Caleb Hood Page 15 f. Other Staff commenting on application: Bill Nary and Tori Cleary 2. Key issue(s)of Public testimony: a. Additional truck traffic on Black Cat Road b. Need for industrial zoned land in the City 3. Key issue(s)of discussion by City Council: a. Prohibiting certain uses from developingon n the Property b. Franklin and Black Cat Road improvements C. Design of the proposed industrial buildings and ensuring some consistency with the TMISAP d. Piping of the Rosenlof of Drain e. Timing for the complete extension of the east/west collector f. Timing for the completion of the traffic study g. Cross access with properties north of the Rosenlof Drain h. Offsite extension of a north/south collector on the Asumendi property i. Timing for the development may be premature Comparison of the M-E vs. I-L zoning districts k. Anticipated employment generated from the proposed industrial development 4. City Council change(s)to Commission recommendation. a. See section VII. for the applicable development agreement provisions. Page 16 VI. EXHIBITS A. Proposed Concept Plan(date: 8/16/2022) (NOT A PP12 yErn O O ii illoillill 011111111 PARCELC 'ir K1. 0 0 0 - A K o K LL B o D E g o a+" + o -- --- , k m _ w9P. n o o L. III NOT PART OF THE gk m - a PROJECT Page 17 B. East/West Collector Street Section I I I I SOUTH&WEST SIDE ; i NORTH&EAST SIDE I SowiE&�uExr smnEEUEUEHr '�wmH mars uvxwOSEOR�cxrgrmRr wOmvWma '` I � � I ACrW TO BRGN I I #a 0.s CUPS I 04 cum #a 10 F. 12 12 12 BEM 1P �7�."AA%�PI.WIEII MIRi1REE6 �iWW�LI.FIMI�mRU� RANIEA WfIN1PfE5�9fMM�7�` I I I 1.0Y 2.0Y gwwnlER wuu-�.-Q ((-0NGEPNIL LOG4110H7 rvrrtu oerunurv; '�pM iREHCH'CORRi00R gWSfl1EA M/M�Q �LOMEPNAL IOWmW7 Page 18 C. Roadway Improvement Graphic ���"Wr ACHD WIDEN FRANKLIN TO 5-LANES Ld " r ' FRANKLIN/BLACK CAT y FRANKLINIMcDERMOTT INTERSECTION IMPROVEMENTS Q INTERSECTION IMPROVEMENTS V ° \ r r V - LUZ LU - � a — a _ J z > .. DCm w LL ON-SITE COLLECTOR - All 1. ATRAFFIC SIGNAL A :i 'yam.. �' •! �� `�_"�- I Page 19 D. Annexation Legal Descriptions and Exhibit Map April 5,202-2 Project No_121102 EXHIBITA BALCK CAT ROAD COMBINED ANNEXATION DESCRIPTION A parcel of land located in the East Half of Section 16,Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho,being more particularly described as follows: Commencing atthe Section Corner common to Sections9,10, 15 and 16 of said Township 3 North,Range 1 West,(from which point the North One Quarter Corner of said Section 16 bears North 89'24'22"West, 2641.42 feet d istant); Thence from said Section Corner,South 000 43'09" West,a distanre of 1328.57 feet on the East line of said Section 16 to the North 1/16th Corner common to said Sections 15 and 16,said point being the POINT OF BEGINNING; Thence South 00'43'09"West, a d istance of 1328.69 feet o n the East I he of said Section 16 to the East One Quarter Comer of said Section 16; Thence South 00*43'16'West,a distance of 99.88 feet on the East line of said Section 16, Thence North 890 16'53'West,a distance of 347.44 feet; Thence South 00*46'01'West,a distance of 454.29 feet; Thence South 89*16'53'East,a distan ce of 347.82 feet to a poi nt on the East line of Sectio n 16; Thence South 00*43'16'West,a distance of 460.21 fleet on the East line of Section 16 to a paint on the centerline of Interstate I,84; Thence North 800 32'51'West,a distance of 2658.94 feet on the centerline of Interstate I-84 to a point on the north-south mid-section line of said Section16; Thence North 000 29'23" East,a distance of 606.72 feet on the north south mid-section line of said Section 16 to the Center Quarter Corner of said Section 16; Thence North 00'29'04' East,a distance of 1327.72 feet on the north-south midsection line of said Section 16 to the Center-North 1 f 16th Comer of said Section 16; Thence South 890 23' 16' East, a distance of 2635.98 fleet on the east-west 1f16th line of the Northwest Quarter of said Section 16tothe POI NTOF BEGINNING. The above described parcel contains 125.59acres more or less_ TOGETHER WITH: A parcel of land located in the West Half of the Northwest One Quarter of Section 15,Township 3 North, Range 1West. Boise Meridian,Ada County,Idaho,being more particularlydescribed as follows: Commencing at the Section Corner common to Sections 9,10,15 and 16 of said Township 3 North,Range 1 West,(from which paint the West One Quarter Comer of said Sectian 15 bears South 00'43'09"West, 2657.26 feet distant); 462 East Shore drive, Salle 700, Eagle. loaho B361 B 2M.339 4341 thelanagroupinc Gain Page 20 Page 2 of 2 Thence from said Section Corner,South 00'43'09"LVesk,a distance of 1117,31 feet on the West line of said Section 15 to the Northwest Corner of that Parrel shown on Record of Survey Number 639 of Ada County Records,said paint being the POINT OF BEGINNING; Thence South 89°1C46" East,a distance of 175.25 feet on the north line of said Record of Survey Number 639; Thence South 00'43'0+9"West,a distance of 263.50 feet on the east line of said Record of Survey Number 639; Thence North 75.41'51"West,a distance of 181.32feet on the south line of said Record of Survey Number 639 to a point on the west line of said Sermon 15; Thence North 00°43'09"East,a distance of 220.92 fleet an the west line of said Section 15 to the POINT OF BEGINNING_ The above described parcel contains 0.98 acres more or less_ PREPARED BY_ THE LAND GROUP, INC_ LAN "7f�i�fl o 4-5-2022 James R_Washburn OF� .WA 402 East Share Driye. Bull*100. Eigl*_ IdaPso 5X15 205.839.4041 Chelandgroupino.com Page 21 Annexation Map s-WEST FRANOIN ROAR Oct for AT Aquisitions,LLG I ��"°` smia�emmeEm ire or se�lmais �Ik '�$� � I"n"hip3 Monh Ran�el Yles4 Boise Mentlian .urreo i... u..urreo ......... ua. I ierr.o u..urreo FR ��IS Ada Cnnt}.Ideha T—_ _�___—_—�_rnwe. 16 EUEY suers, I � xvr�.-n.mEAanuwr fT � I I �.��a��r�� YxaiyYaF I I I � I I I I � r I aE� r I I c s 3 I I ws.mau»xom. I — M Ic I "r I _ I I IRS Fl g -ry. THELAND -- ---—---—---—-- ---—-- GROUP Page 22 VII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1.1. A Development Agreement(DA) for the I-L zoned property is required,which shall at a minimum, incorporate the following provisions: a. The property shall be used consistent with the uses and dimensional standards allowed in the I-L zone,which include but are not limited to light manufacturing.research and development,warehousing and distributing(i) "stora e fe acilit�; self-service"' will not be a permitted use on the property and(ii)vehicle impound sales and repair use must be entirely indoors: otherwise a conditional use permit is required. b. Development of the subject property shall be en�erally consistent with the approved conceptual site plan,attached as Exhibit A. C. Development in the I-L Zone shall be generally consistent with the development guidelines contained in the Ten Mile Interchange Specific Area Plan(TMISAPI for Mixed Employment(ME)designated areas with the following clarifications and exceptions. Only building facades fronting on and adjacent to Black Cat Road.Interstate-84, and the east to west collector road runningthrough the middle of the site shall be considered frontage for the purpose of applying the TMISAP development guidelines. The TMISAP development guidelines shall not apply to any other building facades. 2) Notwithstanding any provision in the TMISAP development guidelines,building facades fronting on and adjacent to the east to west collector road running through the middle of the site.along Interstate-84,and the northern boundary of the site shall be required to have an average of 15%of the linear dimension of the frontal windows or doorways. Parking is allowed along building frontage.provided that the maximum length of parking along a building frontage does not exceed 30%of the linear dimension of total frontageplanned buildings combined.Frontage parking restrictions do not apply along Interstate-84 or the northern boundary of the site. 4) When required to be constructed.the east to west collector shall be constructed in conformity with the street section design attached as Exhibit B. d. Development in the I-L Zone shall be generally consistent with the Meridian Architectural Standards Manual,and subject to the administrative design review process with the following exceptions: 1) Requirements shown on Building Scale,Building Form,Architectural Elements.and Materials Standards Tables apply to building facades along Black Cat Road.I-84 and the east to west collector runningthrough hrough the middle of the site. They do not apply to other building facades. Page 23 2) Loading Docks will be allowed on the western facade along the western boundary of the site. 3) The north facing facades along the northern boundary of the site will use similar colors,materials,and parapet height variation as the southern facades of the buildings. The north facing facades along the northern boundary of the site will also have score markings to create architectural accents in the wall Panels and appropriate landscaping. e. Certificate of Zoning Compliance and Design Review applications cannot be submitted until after ACHD accepts the Traffic Impact Study. £ The applicant shall submit a Certificate of Zoning Compliance and Design Review application to the Planning Division for approval of all future uses on the site to ensure compliance with the Unified Development Code, Comprehensive Plan,Architectural Standards Manual,prior to issuance of building permits for any structure(s)within this site. g= The Rosenlof Drain shall be left open and may not be pined. h. The total square footage (SF) of approved building occupancy on the site shall be dependent on substantial completion,by owner/developer or any agency or third- arty, of the following roadway improvements: Greater than 0 SF: Prior to any occupancy being granted: (i) frontage improvements on Black Cat from the east to west on-site collector to Franklin must be complete: and(H)turn lanes at the intersection of Black Cat and the east to west on-site collector must be completed as recommended by ACHD. Completion of the above improvements permit occupancy for up to 960,000 SF. Secondary access shall be constructed and approved by the fire department. 2) Greater than 960,000 SF: To exceed 960,000 SF of occupied space on the site: (i)Black Cat must be widened to five lanes between the east to west collector and Franklin; (ii)the intersection of Black Cat and Franklin must be improved as recommended by ACHD: and(iii)the intersection of McDermott and Franklin must be improved with a two-way left turn lane unless Franklin has been widened to five lanes.. Completion of the above improvements permit occupancy for up to 1,500,000 SF. 3) Greater than 1.500,000 SF: To exceed 1,500,000 SF of occupied space on the site Franklin must be widened to five lanes between Black Cat and State Highway 16. A traffic signal must be constructed at the intersection of Black Cat and the east to west on-site collector when a signal warrant analysis shows it is required. 4) East to West On-Site Collector: The east to west on-site collector will be extended from Black Cat Road west incrementally as development progresses subject to the following. The east to west on-site collector Page 24 shall be fully constructed to the western boundary upon the earlier of: (il prior to issuance of a Building Permit for Building A or F as shown on Exhibit A, or, (H)within 90 days after ACHD's acceptance of a connecting public street from the property to the west(commonly known as 5925 W. Franklin Road, Ada County Tax Parcel Number S12162128551. During the building permit review process.Applicant and City staff will work together to confirm the above roadway improvements are reasonably on schedule to be completed consistent with the above occupancy thresholds. The scope and location of the roadway improvements detailed above are summarized on Exhibit C. i. ACHD required frontage improvements, landscape buffer and pathway shall be constructed along S. Black Cat Rd. with the first phase of development. The Applicant shall provide a 10' wide detached multi-use pathway,parallel to the east to west on-site collector road,within either a 14' wide easement(10' pathway+ 2' shoulder each side)or within ACHD's right-of-way. k. With the submittal of the first Certificate of Zoning Compliance application on the south side of the east to west on-site collector roadway,provide the City a copy of a recorded cross-access,ingress-egress in favor of the approximately 3-acre property commonly known as 935 S Black Cat Road(Ada County Tax Parcel Number 512164172401. 1. All buildings shall have code compliant fire sprinklers and an Automated External Defibrillator(AED) installed near the main entrance of each individual building. 1.2 A Development Agreement(DA) for the R-15 zoned property is required,which shall at a minimum,incorporate the following provisions: a. The property zoned R-15 shall be used consistent with the uses and dimensional standards allowed in the R-15 zone. b. The existing home located at 350 S Black Cat shall hook up to City water and sewer services within 60 calendar days of such services becoming available in Black Cat Road and in accordance with MCC 9-1-4 and 9-4-8. At such time. all septic and wells shall be abandoned. C. Development or redevelopment beyond the existing single-family use of the R-15 zoned property shall require approval of a development agreement modification application with a conceptual development plan. B. PUBLIC WORKS Publie Works aeknowledges the reeommendation for- denial mentioned above, and is providing site speeffie and general conditions in the event that an approval is granted. 1. Site Specific Conditions of Approval: Page 25 1. Surface slopes shall not exceed 3:1 2. All drainage must be retained onsite 3. If the onsite 8" sewer lines are services,they should be decreased to 6", based off flows this should be sufficient. 4. Any 8" water or sewer main outside of right-of-way shall be covered by a City easement. 5. Sewer services shall not pass through infiltration trenches. 6. When the development connects to the east,the water pressure zone will change from 1 to 2 which will result in an approximately 22 psi pressure increase. Provide stubs or blind flanges to the property lines at the future road connections to both the east and west. 2. General Conditions of Approval: 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 3. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 5. All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 6. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per Page 26 UDC 11-3A-6. hi performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 7. 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. Record of abandonment must be provided to the City prior to signature of the final plat. 8. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 9. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 10. A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 11. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 12. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 13. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 17. The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 18. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. Page 27 19. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 20. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at httq://www.meridiancity.orglpublic_works.as x?id=272. 21. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 22. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. B. ACHD https.Ilweblink.meridiancity.orglWebLinkIDocView.aspx?id=242157&dbid=0&repo=MeridionCit Y C. COMPASS https://weblink.meridiancity.orglWebLinkIDocView.aspx?id=240474&dbid=0&repo=MeridianC i &cr—1 Page 28 VIII. 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; The City Council finds that the I-L zoning district and proposed light industrial use is consistent with the existing Mixed Employment FL UM and TMISAP designations for this site and is compatible with existing and planned future uses in the area. The TMISAP provides that Mixed Employment areas should provide a variety of flexible sites for small businesses as well as large national or regional enterprises. (3-11). The proposed industrial development provides flex and light industrial uses in a variety of building sizes, each of which is demiseable into smaller spaces to serve a variety of business sizes. TMISAP also seeks to `provide for industrial opportunities in consideration of future improvements to Highway 16"(3-3). The site provides an ideal location for local and regional light industrial businesses to access Highway 16,providing jobs close to home for Meridian residents. The City Council finds that the proposed initial zoning of R-IS for the approximately I-acre residential property on the east side of Black Cat Road is consistent with the existing Medium High Density Residential designation for this site and is compatible with existing and planned future uses in the area. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed I-L zoning district and proposed use is consistent with the regulations and purpose statements of the I-L district, which is to provide for convenient employment centers of light manufacturing, research and development, warehousing and distributing. The City Council finds the proposed R-1 S zoning district is consistent with the regulations and purpose statement of the R-1 S district. 3. The map amendment shall not be materially detrimental to the public health,safety,and welfare; The City Council finds the proposed zoning map amendment will not be detrimental to the public health, safety and welfare. The development will build new roads and pathways consistent with TMISAP design standards to provide safe vehicular and non-vehicular connections for employees and area residents. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds 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. The proposed industrial development will not impact school capacities. Page 29 5. The annexation(as applicable)is in the best interest of city. The City Council finds that the annexation is in the best interest of the City. The proposed industrial use will provide needed industrial business space to support and complement the commercial and residential uses planned within the TMISAP area. Page 30 v IDIAN� AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Meridian Academy Play Field (H- 2022-0031) by The Land Group, Inc., located at 2311 E. Lanark St. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-- AND DECISION&ORDER , In the Matter of the Request for a Rezone of 6.18-Acres of Land from the I-L to the C-G Zoning District,by The Land Group,Inc. Case No(s).H-2022-0031 For the City Council Hearing Date of: August 23,2022 (Findings on September 6,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of August 23,2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of August 23, 2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of August 23, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of August 23, 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 § I I-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the development agreement provisions set forth in the attached Staff Report for the hearing date of August 23,2022,incorporated by reference. The provisions FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR MERIDIAN ACADEMY PLAY FIELD REZONE-H-2022-0031 - 1 - are concluded to be reasonable and the applicant shall meet such requirements in accord with the approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for rezone is hereby approved per the development agreement provisions in the Staff Report for the hearing date of August 23, 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. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(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 August 23,2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR MERIDIAN ACADEMY PLAY FIELD REZONE-H-2022-0031 -2- By action of the City Council at its regular meeting held on the 6th day of September 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 9-6-2022 Attest: Chris Johnson 9-6-2022 City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: 9-6-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR MERIDIAN ACADEMY PLAY FIELD REZONE-H-2022-0031 -3- EXHIBIT A STAFF REPORT C: E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 8/23/2022 legend DATE: ff I�Pra�t Lacoian F TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner 208-884-5533 SUBJECT: H-2022-0031 - Meridian Academy Rezone � , 1 LOCATION: 2311 E. Lanark St. FFFTFM FM x I. PROJECT DESCRIPTION This is a request to rezone 6.18 acres of land from I-L to C-G to allow a sports field expansion. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 13.8(6.18 being rezoned) Future Land Use Designation Civic Existing Land Use(s) School and School District Maintenance Facility Proposed Land Use(s) School and sports field expansion Lots(#and type;bldg./common) 1 lot Phasing Plan(#of phases) NA Physical Features(waterways, No unique physical features hazards,flood plain,hillside) Neighborhood meeting date;#of April 21,2022,no attendees attendees: History(previous approvals) Joint School District No.2 CUP 1992 B. 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 Page 1 Description Details Page Access(Arterial/Collectors/State Access occurs from E.Lanark St. a collector street that Hwy/Local)(Existing and Proposed) ends on this property Stub Street/Interconnectivity/Cross The right-of-way for E.Lanark St.is stubbed to the subject Access property Existing Road Network E.Lanark St Existing Arterial Sidewalks/ 7 ft wide sidewalk exists along E.Franklin Rd and south Buffers side of E.Lanark St.No existing landscape buffering exists along E.Franklin Rd property frontage. Proposed Road Improvements No road improvements required.E.Lanark St will eventually be extended through the site,construction date unknown. See Access analysis below. Fire Service No comments Police Service No comments Wastewater • Comments • No changes to public sewer infrastructure shown in records.Any changes need to be approved by public works. Water Distance to Water Services • No changes to public water infrastructure shown in records.Any changes need to be approved by public works. C. Project Area Maps Future Land Use Map Aerial Map Legend R off ce Legend � Pra}ect Laca�ian � Pe ?e� Lacaiian . w. u Resi�l�ential � iu n ih+r nw.N �. ' a Page 2 Zoning Map Planned Development Map (fLegend 0 (fLegend �I'—'1� 0 0Projeci Lccairan . let ProjectLccmSar City Lim L•O — Pkarred Parce-s L- t i Ufi 1�A1 - - ti RUT - :S `y`R1y L=O "`"`"`"``RRRR7777���� Ill . . k R_ RUT L-O f III. APPLICANT INFORMATION A. Applicant: Macy Lui,The Land Group—462 E Shore Dr. Ste 100, Eagle, ID 83616 B. Owner: West Ada School District- 1303 E. Central Dr.,Meridian,ID, 83642 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 7/5/2022 8/7/2022 Radius notification mailed to properties within 300 feet 6/30/2022 8/4/2022 Sign Posting 7/7/2022 8/8/2022 Nextdoor posting 7/5/2022 8/5/2022 V. STAFF ANALYSIS This is a proposal to rezone from I-L to C-G to allow expansion(construction of a playfield)of an existing educational facility. The subject property is 13.8 acres in area and was annexed with the I-L zoning district in 1988 (Ord #497). In 1992, a conditional use permit was approved to allow an educational facility. An alternative high school(Meridian Academy)with playfield and district maintenance facility have been subsequently constructed on the property. Directly adjacent and northwest of the property is a 4.58- acre lot, also owned by the District(not part of this application),which contains an additional maintenance facility on I-L zoned property. Page 3 Since the time of the original annexation and conditional use permit,the I-L zoning district has been changed to no longer allow educational institutions. Staff notes that because the school was already approved through a conditional use permit, an expansion to the conditional use to allow the new sports field would be allowed per UDC 11-1B-2. However,the applicant has requested to move forward with rezoning a portion of the property to C-G instead. This is because a district maintenance facility is also on the property which is not solely ancillary to the Meridian Academy. The applicant has stated school district-related light industrial uses such as equipment repair, fabrication and manufacturing may occur in this facility. Accordingly,the applicant chooses to keep this portion of the site retained as I-L. A. Rezoning The applicant proposes to rezone 6.18 acres of the 13.80-acre property from I-L to C-G to allow the addition of a sports field to an existing educational facility. The sports field would be located at the southern portion of the site(along the E. Franklin Rd frontage). The applicant intends to retain the I-L zoning on the remaining 7.62 acres. This rezoning will result in a property which is split-zoned. Staff does not prefer split-zoning and will usually recommend a subdivision or parcel boundary adjustment as a condition of approval. However,the Master Street Map reflects E. Lanark St(a collector)to eventually extend across the property at a slight angle west to east. At this point,the exact alignment or construction timeline is unknown. Also, as already mentioned,the applicant needed to adjust the zoning line to contain the existing district maintenance facility directly west of the existing school within the I-L zoning district. This is because occasional light industrial activities occur in this facility which are not an allowed use in the C-G zoning district. B. Future Land Use Map Designation(https://www.meridiancity.org/compplan) The FLUM recommends the property for Civic Uses. The purpose of this designation is to preserve and protect existing and planned municipal, state, and federal lands for area residents and visitors. This category includes public lands, law enforcement facilities,post offices, fire stations, cemeteries,public utility sites,public parks,public schools, and other government owned sites within the Area of City Impact. The City may require a development agreement(DA) in conjunction with a rezoning pursuant to Idaho Code section 67-6511A. This property is already within the City,the infrastructure surrounding the property has already been installed,and the portion of the property proposed for rezoning to C-G is adjacent to C-G zoning at the east and west. However,although the present proposal is to develop this as an educational institution,the C-G zoning would allow a range of uses not supported by the FLUM for this property. Staff recommends a development agreement that allows only an educational institution and related uses and would require a development agreement modification if any non-educational related uses are proposed in the future. C. Comprehensive Plan Policies(https:llwww.meridiancitE.or /g compplan): • Support construction of multi-use facilities that can be used by both schools and the community. (2.03.01B) This rezoning proposal is to allow construction of a new sports field at the south of an existing school. This is a multi-use facility that can be used by both schools and the community. • Ensure the location and design of schools are compatible with existing and planned neighborhoods and land uses. (4.01.0113) Page 4 There is already an existing school and district maintenance facility on the property and this rezoning is to allow the construction of a new sports field on the south side of the property. The applicant states the sports field would only be used for activities associated with the school during daytime hours; it is not intended to be used for after-hours activities. As the majority of the use is existing and the sports field would be directly adjacent to a commercial arterial, staff believes that generally this would be compatible with the existing residential neighborhood across E. Franklin Rd to the south. However, to ensure compatibility,staff recommend a DA requirement that restricts outside sports activities and lighting associated with these events to between 7AM and IOPM. • Identify desired sports facilities or complexes and establish partnerships that foster their development. (2.03.01 D) This rezoning is to allow the development of a sports facility. However, the field will likely only be used by the school, not others in partnership. D. Existing Structures/Site Improvements: The property contains an existing school and district maintenance facility. E. Proposed Use Analysis: The applicant proposes to rezone from I-L to C-G to allow construction of a new sports field which would be associated with an existing educational institution. This is an ancillary use that would be permitted with a principally-permitted use in the proposed C-G zoning district subject to the specific use standards in UDC 11-4-3-14. F. Specific Use Standards(UDC 11-4-3): There are specific use standards that apply to an educational institution. This includes the types of uses commonly associated with a facility. There is an allowance for educational institutions to be within the center of neighborhoods, and at least(30)percent of the perimeter of school site should be open to streets or open space areas. Middle and high schools may take access off a designated arterial or collector street. A conditional use is required when the institution is greater than 250,000 square feet within a residential district,when there are estimated to be more than one thousand five hundred(1,500)vehicular trips per day, or the institution includes lighted fields adjoining or within a residential district. This rezoning is to allow a sports field associated with a school,the institution is not in the center of a neighborhood,a collector street currently serves the property(E. Lanark St),the new sports field would result in at least 30%of the perimeter being open to E. Franklin Rd,the school building is not greater than 250,000 sq. ft. and the institution is within a commercial district, across an arterial road from a residential neighborhood. G. Dimensional Standards(UDC 11-2): There are no dimensional standards associated with a sports field. Any future development will be reviewed through the Certificate of Zoning Compliance. H. Access(UDC 11-3A-3, 11-3H-4): Access to the existing site occurs from E. Lanark St., an industrial collector.As already mentioned,the Master Street Map(MSM) depicts E. Lanark St extending across the property east to west eventually out to Eagle Road. Additionally,a future collector is also shown on the MSM extending along the eastern property line north to south. ACHD has responded that the north- south collector is no longer required,but the applicant should dedicate 54 ft.of right-of-way Page 5 for E.Lanark St. (the east-west collector) and to construct(extend)E.Lanark St as a 40-ft. wide collector street template with curb, gutter and sidewalk. As this rezoning is to allow relocation of a sports field with no structures or new vehicle trips proposed at this point,no road improvements would be required for this proposal. However,staff recommends a requirement be added to the development agreement that prior to any future building permit,the District dedicate 54 ft of right of way for E.Lanark St. and construct it to an industrial collector template as required by ACHD. The applicant has stated they are amenable to this condition. I. Parking(UDC 11-3C): UDC 11-4-3-1 requires one(1)parking space for every four hundred(400) square feet of gross floor area. A certificate of zoning compliance will be required prior to construction of the sports field. During time of CZC, staff will request the applicant submit the total square footage of the existing school and number of parking spaces to make sure all parking requirements are satisfied. J. Sidewalks(UDC 11-3A-17): There is presently 6 ft.wide sidewalk along E. Franklin Rd. It is unknown at this time if and when E. Lanark St will be extended across the subject property. K. Landscaping(UDC 11-3B): At time of certificate of zoning compliance for the sports field,the applicant will be required to install a 25 ft. wide arterial buffer along E. Franklin Rd. L. Waterways(UDC 11-3A-6): The Planning Map indicates the Gruber Lateral parallels the northern property line. The applicant has noted this lateral has already been piped. M. Utilities (UDC 11-3A-21): Public services are available to accommodate the proposed development. N. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): No conceptual building elevations have been included as the impetus for this rezoning is to construct a new sports field on the southern portion of the property. VI. DECISION A. Staff: Staff recommends approval of the proposed rezoning from I-L to C-G with the DA conditions noted in Section VIII of this report. B. The Meridian Planning&Zoning Commission heard this item on July 21,2022. At the public hearing.the Commission voted to approve the subject RZ request. 1. Summary of the Commission public hearing: a. In favor: Matthew Adams b. In opposition:None c. Commenting: Matthew Adams 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 6 3. Key issue(s)of discussion by Commission: a. None 4. Commission change(s)to Staff recommendation: a. None C. The Meridian City Council heard this item on August 23,2022.At the Public hearing the Council voted to approve the subject RZ request. 1. Summary of the City Council public hearing: a. In favor: Matt Adams b. In opposition:None C. Commenting: None d. Written testimony: None e. Staff presenting application: Caleb Hood 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 VII. EXHIBITS A. Rezoning Legal Description and Exhibit MERIDIAN ACADEMY C-G REZONE DESCRIPTION A parcel of land located in the Southwest Quarter of the Southeast Quarter of Section 8,Township 3 North,Range 1 East, Boise Meridian,City of Meridian,Ada County,Idaho,being more particularly described as follows: Commencing at the South One Quarter Corner of Section 8 of said Township 3 North, Range 1 East, (from which point the Center One Quarter corner of said Section 8 bears North 00*31'09"East,a distance of 2649.29 feet distant),said South One Quarter Corner being the POINT OF BEGINNING; Thence North 00'31'09" East,a distance of 375.99 feet on the north-south mid-section line of said Section 8; Thence South 89'28'S1" East,a distance of 34.88 feet; Thence North 84*09'12" East,a distance of 170.93 feet; Thence North 00*30'19"West,a distance of 336.14 feet,- Thence South 89'54'25" East,a distance of 299.36 feet; Thence South 00'31'09"West,a distance of 497.57 feet; Thence North 89'54'21"West,a distance of 105.00 feet; Thence South 00'31'09"West,a distance of 231.98 feet to a point on the south line of said Section 8; Thence North 89'54'32"West,a distance of 393.11 feet on said south line of Section 8 to the POINT OF BEGINNING. The above described contains 6.18 acres more or less. PREPARED BY: Sb The Land Group, Inc. d� ST a. 7880 wo 6-6-2022 .rr o � qTE of James R.Washburn d"�-� R.WA Page 8 UNION,PACIFIC RAILROAD 7860 S88929'13"E 498.17' 0 6 66-2fl22 o I-LZONE 588'29411"E 498A T I I-L ZONE F,I AREA:-7.63 AC v REZONE Line Table m AREA:.t13.81 AG R S89'54'25"E LINE BEARING LENGTH E LANARK s 1I 299.36' Li 509°29511E 34-W 1 Z L2 N44'0912'E 174.93' L3 N09°54'21'W 105A0' rn 4 L4 300'31n9w 231.98' cli m W W M1 Q! c POB I-L ZONE a CKLl I� C-G ZONE L2 AREA: 6.18 AC qj L3 r SE CORNER I� SECTION 8 CPF#2020-052068 POB C-G ZONE J � LN&9'54'32"W ENTERLINE l 393.11' 2177,95' S 114 CORNER N89°54'32"W 2571M' SECTION 8 E FRANKLIN RD S.17 S.16 CPF#104161904 Page 9 B. Concept Plan(date: 5/2/2022) R1 Not R Parl ' Exisling School Buildings Meridian Academy Proposed Zone:C-G No Ghange *`r Fu[ure Play Field F ,.• y i-L a V Future Lanark Fxtensions- r No Change By Olhers -T- Existing r �+�, Maintenance O11ice r-• rr�C future Landscape Buller — - C2 25'Minimum MA Pat1 �i'.•Not R Part Not A Part Iww Not A A PartgAs �! Mr l e J e - _ s •� r Meridian Academy Conceptual Site Plan Went Ada School District Page 10 VIII. CITY/AGENCY COMMENTS & CONDITIONS A.PLANNING Staff Comments: 1. A Development Agreement(DA)is required as a provision of rezoning of this property. Prior to approval of the rezoning ordinance, a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption, and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the conceptual site plan submitted with the rezoning application contained herein. b. Outside sports activities and lighting associated with these events is limited to between 7AM and IOPM. C. Prior to any future building permit issuance,there shall be a dedication of 54 ft of right of way for E. Lanark St. and construction of the road to an industrial collector template as required by ACHD. 2. Applicant shall comply with any ACHD conditions of approval. 3. The only use allowed to develop on the property is an education institution and would require a development agreement modification if any non-educational related uses are proposed in the future. 4. Educational institutions shall comply with the specific use standards in UDC 11-4-3-14. 5. The applicant shall comply with the ordinances in effect at the time of application submittal. B. ACHD https:llweblink.meridianciU.orelWebLinkIDocView.aspx?id=266245&dbid=0&repo=MeridianC i &cr=1 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 a portion of the property from the I-L zoning district to the C-G zoning district is consistent with the Comprehensive Plan, if all provisions of the DA 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 complies with the regulations outlined in Page 11 the requested civic designation. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; If the DA is executed, 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 not applicable. Page 12 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Ten Mile Public Storage (H-2022- 0016) by Kimley-Horn and Associates, Inc., located at at 4065 N. Ten Mile Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N:- , AND DECISION&ORDER , In the Matter of the Request for Annexation of 5.79 Acres of Land from RUT in Ada County to the I-L Zoning District,by Kimley-Horn. Case No(s).H-2022-0016 For the City Council Hearing Date of: August 23,2022 (Findings on September 6,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of August 23,2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of August 23, 2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of August 23, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of August 23, 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 development agreement provisions set forth in the attached Staff Report for the hearing date of August 23,2022,incorporated by reference. The provisions FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TEN MILE PUBLIC STORAGE ANNEXATION-H-2022-0016 - 1 - are concluded to be reasonable and the applicant shall meet such requirements in accord with the 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 is hereby approved per the development agreement provisions in the Staff Report for the hearing date of August 23,2022, 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. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(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 August 23,2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TEN MILE PUBLIC STORAGE ANNEXATION-H-2022-0016 -2- By action of the City Council at its regular meeting held on the 6th day of September 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 9-6-2022 Attest: Chris Johnson 9-6-2022 City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: 9-6-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TEN MILE PUBLIC STORAGE ANNEXATION-H-2022-0016 -3- EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 8/23/2022 legend -- DATE: Project Lflca Tian TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner -------- - ----- ----------- . , 208-884-5533 SUBJECT: AZ H-2022-0016 . Ten Mile Public Storage LOCATION: 4065 N. Ten Mile Rd - E �'FR I. PROJECT DESCRIPTION Annexation of 5.79 acres of land with the I-L zone district to allow expansion of existing self-storage facility for an additional two self-storage buildings. Submittal and approval of a Property Boundary Adjustment to reconfigure the subject parcel with an adjacent City-owned access lot is a condition of approval of this application. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 5.79 acres Future Land Use Designation Mixed Use Non-Residential(MU-NR) Existing Land Use(s) Rural Single Family Proposed Land Use(s) Light Industrial(self-storage) Lots(#and type;bldg./common) 1 parcel,2 buildings Phasing Plan(#of phases) One phase Physical Features(waterways, There is an existing irrigation ditch along the southern hazards,flood plain,hillside) property line. This will be piped. Neighborhood meeting date;#of February 16,2022,3 attendees attendees: History(previous approvals) None,however,H-2016-0114,A-2017-0185 (Annexation and CZC for existing self-storage to the south,of which the present proposal will be a part). Page 1 B. Community Metrics Description Details Page Access(Arterial/Collectors/State Existing driveway to N. Ten Mile Rd(arterial);proposed Hwy/Loca1)(Existing and Proposed) to use existing driveway to the south after parcel reconfiguration Stub Street/Interconnectivity/Cross This proposal includes reconfiguration of a City driveway Access from the south to the north to provide connectivity to western and northern properties. Existing Road Network N.Ten Mile Road Existing Arterial Sidewalks/ There is an existing sidewalk in front of the subject parcel. Buffers There is a landscape buffer and detached 5 ft.wide sidewalk along the frontage of the existing self-storage at 3959 N.Ten Mile Rd to the south.This buffer will be continued along the frontage of the subject property. Proposed Road Improvements None.There will be a new 20 ft.wide gravel road access on the northern portion of the current parcel that will be deeded to the City if the application is approved. Fire Service No Issues Police Service No Issues Wastewater •Max distance between manholes is 400'. •Sewer must be run at minimum slope of 0.4% •Flow is committed Water •Provide two valves at connection to existing water main in Ten Mile. •Provide 20'easement up to hydrant and extend 10'beyond hydrant. •Blow-off Valve to the north should be standard drawing W13. •Call out removal of blow-off valve at connection to the south. Page 2 C. Project Area " 1 Future Land Use Map Aerial Map Legend Legend ■ idential 1 AA I Zoning Map Planned ■1■IN -z ;.� . � 1 UST FC H■ _ -- - ViI'; x. Development Legend Legend RUT 0 * . RU RUT— ■■■■■� � 1■I■N 1■I■N 1 1 H�HM 1. rrrr ■� r ■■ ■ Illrie� ■ irar :� rr=Ig ��N�I� 1 ■ ■■r■ .■ * N ■■■ �■ r ■ ��N I�NI ■ ■■r■ .■ ■ N ■■■ ■■ Page 3 III. APPLICANT INFORMATION A. Applicant(s): Nicolette Womack,Kinley-Horn—950 W. Bannock St,Boise,ID 83702 City of Meridian—33 E. Broadway Ave,Meridian,ID 83642 B. Representative Nicolette Womack,Kimley-Horn—950 W.Bannock St,Boise,ID 83702 C. Owners PS Mountain West LLC—PO Box 25025, Glendale, CA 91221 City of Meridian—33 E. Broadway Ave,Meridian,ID 83642 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Notification published in 6/28/2022 8/7/2022 newspaper Notification mailed to property o 6/30/2022 8/4/2022 owners within 500' Applicant posted public hearing notice sign on site 7/7/2022 8/8/2022 Nextdoor posting 6/30/2022 8/3/2022 V. STAFF ANALYSIS This is a proposal to annex 5.79 acres of land with the I-L zone district to allow expansion of existing self-storage facility for two additional two self-storage buildings. The subject property is an elongated parcel presently containing a rural single-family residence. It is north of an existing self-storage facility zoned I-L which is already in the City(Citadel 4 Storage Ten Mile,H-2016-0114, CZC A-2016-0129). Between the existing self-storage facility and the subject property is a narrow strip of land which is a portion of a 41-acre parcel(a"flag lot")owned by the City of Meridian. This"flagpole" serves as an access from N. Ten Mile Rd to the rest of the City parcel,the City wastewater treatment plant(on a separate property) and a privately-owned property at 4018 W.Ustick Rd. The applicant is proposing to reconfigure the parcel lines so the City's flagpole portion of the parcel is not between the storage complex,but instead is on the north. In September of 2021,the applicant requested a pre-application meeting with the City to discuss expanding the existing self-storage facility into the subject property to construct two additional buildings (both properties are under the same ownership). However, as already mentioned,the access portion of a city-owned flag parcel is located between these two properties (see Access Reconfiguration Exhibit).After a series of meetings,the City and the applicant decided the best solution was to reconfigure this access through a property boundary adjustment as a condition of approval. This would reconfigure the properties to shift the"flagpole"portion of the City's property from the southern property line to the northern property line(flipping the flagpole lot vertically). This is described in detail in the access section. Page 4 A. Annexation and Zoning The applicant proposes to annex a 5.79 acre property with the I-L zoning district in order to expand an existing self-storage facility.As discussed below,this use is consistent with the MU- NR designation indicated in the Future Land Use Map. The City may require a development agreement(DA) in conjunction with an annexation and rezone pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, Staff recommends a new DA that encompasses the land proposed to be annexed and zoned with the provisions included in Section VIII.A1. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the rezone and annexation approval. B. Future Land Use Map Designation(https://www.meridiancity.org/compplan) The Future Land Use Map designates this property for Mixed Use Non-Residential(MU-NR). The purpose of this designation is to designate areas where new residential dwellings will not be permitted, as residential uses are not compatible with the planned and/or existing uses in these areas. For example,MU-NR areas are used near the City's Wastewater Resource Recovery Facility and where there are heavy industrial or other hazardous operations that need to be buffered from residential.Uses appropriate in MU-NR areas would include employment centers, professional offices, flex buildings,warehousing,industry, storage facilities and retail,and other appropriate non-residential uses. Specific items to be considered in MU-NR include no new residential uses,at least two different types of land uses and preference for transitional uses on the perimeter between MU-NR areas and planned residential development. The subject property is within a much larger area designated for MU-NR. The present proposal is for a small expansion to an existing self-storage facility. As listed above, storage facilities are indicated as one of the appropriate uses within the MU-NR designation. Although storage is the only existing and proposed use within this MU-NR area at the present, one of the reasons staff and the applicant worked together on a land reconfiguration to shift access was to set up connectivity for future annexation and redevelopment of the unincorporated properties to the north in the future. Also,this relocated access will provide a transition to the residences to the north. Self-storage between a wastewater treatment facility and existing residential is an appropriate use in this area. C. Comprehensive Plan Policies(https:llwww.meridiancity.or /g compplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. • Encourage infill development. (3.03.01E) The development would allow expansion of an existing self-storage facility to the south, although this is not technically "infill." • Evaluate the feasibility of annexing existing county enclaves and discourage the creation of additional enclaves. (3.03.03I) The subject property is within a larger enclave area. The proposal would be consistent with this policy. • Plan for connectivity between annexed parcels and county enclaves that may develop at a higher intensity. (3.03.04A) Page 5 Part of this annexation proposal will include a property boundary adjustment to shift a City- owned access portion of a 40-acre flag portion from between two lots owned by the applicant to the north side of the subject lot, adjacent to unincorporated enclave properties. This access may provide additional connectivity to parcels in this area when they annex and develop in the future. • Plan for and allow land uses surrounding the Wastewater Resource Recovery Facility that reduce human exposure to odors. (4.10.01A) This project would allow the expansion of an existing self-storage facility which is directly adjacent to the wastewater resource recovery facility. There is existing single family residential within a County enclave adjacent and to the north of the subject property. The proposed self-storage expansion would be an appropriate transitional use between the treatment facility and the existing residential or if these remaining properties build out as MU-NR development in the future. Staff finds this development to be generally consistent with the Comprehensive Plan. D. Existing Structures/Site Improvements: There is presently a rural residence on the subject site.Any and all structures and debris are proposed to be removed upon development of this project. E. Proposed Use Analysis: The proposed use is self-storage adjacent to existing self-storage with a zoning to I-L. This use is a permitted use in the requested I-L zoning district per UDC Table I I-2C-2. F. Dimensional Standards(UDC 11-2): Per the dimensional standards of the I-L zoning district,the 35 ft. building street setback would be met,a 25 ft. arterial buffer is shown,and the buildings are well within the 50 ft height limit. An earlier site configuration placed the proposed storage buildings directly adjacent to a residential property. With the revised property configuration putting the 25 ft wide City owned flag/access to the north,this development would no longer be directly adjacent to residential. Therefore,the 25 ft. wide landscape buffer would not be required. However,as will be mentioned in the landscaping section below,due to the proximity to the existing residential and potential visibility of this development at present and in the future, staff is recommending a reduced landscape buffer that meets the parking lot perimeter buffer standards. G. Specific Use Standards(UDC 11-4-3): Specific use standards for self-service storage facilities include a minimum of 25 ft.between structures,the facility being completely fenced,walled or screened,and the facility having a secondary means of access for emergency purposes. The concept plan reflects the two buildings are more than 25 ft apart, it is shown to be completely walled,and the development is an expansion to an existing self-storage which already has two points of access. Page 6 H. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The applicant submitted proposed elevations of the two new buildings. The elevations reflect featureless buildings comprised of CMU and metal paneling. This is consistent with the architectural style of the existing facility to the south.However, staff does have concerns with the visibility of the north and east elevations and how they will set a design standard if the properties to the north were to annex and develop.As a condition of approval,staff recommends the northern and eastern elevations incorporate at least one material change or color variation every 50-horizontal feet of building fagade; a minimum of two field materials, at least one accent material or color,and at intervals of no less than 50 feet either horizontal modulation of at least 6 inches in depth and 8 inches in height,OR at least one-foot change in variation in roof plane(or a combination of both).As mentioned in the landscape section, staff is also recommending a reduced landscape buffer along the northern elevation. I. Access(UDC 11-3A-3, 11-3H-4): The subject lot contains an existing single-family residence which takes access from N. Ten Mile Rd. via a private driveway. This access would be closed as a condition of approval, and site access would be reconfigured to share the access drive for the existing self-storage to the south. As already mentioned,there is a 25 ft. wide strip of land between the existing self-storage development and the subject property which is part of a larger property owned by the City. The applicant and the City have coordinated and propose reconfiguring the properties in a property boundary adjustment which would result in the access portion of the City's parcel being shifted from the subject property's southern to northern property line(please refer to the access reconfiguration exhibit). This would allow merging the subject property with the existing self- storage in a cohesive development,would preserve access for the City's properties to the west, and would provide access to the properties still in unincorporated Ada County to the north if and when they develop and annex into the City. Both the subject property and the adjacent City owned property are presently in unincorporated Ada County. Although the 5.97-acre subject property proposes to annex,the 41-acre City-owned property is not planned for annexation at this time. A property boundary adjustment cannot adjust property lines between one property in the City and one property in the County. Therefore,as a condition of approval, staff is recommending that prior to recordation of the annexation ordinance,the applicant complete the property boundary adjustment,including providing all of the surveying,legal descriptions and records of survey necessary to complete the property boundary adjustment for both properties.This all needs to be completed within 6 months of Council approval. J. Parking(UDC 11-3C): UDC 11-3C-6 requires one(1)parking space for every five hundred(500) square feet of gross floor area,except for self-service storage facilities which shall only require parking based on the gross floor area of any office space. The office for this facility is already located at the existing self-storage to the south so additional parking is not required for the two new buildings. However,the concept plan reflects 34 additional parking spaces in and around the proposed expansion. Staff will confirm compliance with these standards at the time of certificate of zoning compliance. Page 7 K. Sidewalks/Parkways(UDC 11-3A-17): A 5-foot wide sidewalk and landscape buffer is already installed along the frontage of the existing facility to the south. The submitted concept plan shows these frontage improvements continued along the subject property.A landscape plan will be required as part of the CZC and will be reviewed against the requirements of UDC 11-3A-3 and UDC 11-313. L. Landscaping(UDC 11-3B): The applicant has not submitted a landscape plan with this annexation request, although the concept plan does reflect the required 25 ft.wide landscape buffer along N. Ten Mile Rd. A 25 ft. wide residential buffer is typically required when a self-storage facility abuts a residential use.As this project contemplates a property boundary adjustment with the City of Meridian to shift a 25 ft.wide strip of land used for access from the south to the north of the project site,the self-storage would abut the City-owned property,not residential, and therefore the project would be exempt from this requirement. However,the northern elevation will be very visible to properties at the north, and staff does anticipate future annexation and development in this area(which is one of the reasons staff suggested moving the access road to this side). Staff recommends the development incorporate a 5 ft.wide landscape buffer along the northern elevation which meets the parking lot perimeter landscaping requirements of 11-3B-8. Staff is also recommending a minimum in the quality of architecture as well in this area,as was discussed above. These two changes together,landscaping and building fagade modifications, assist with both the aesthetic and functional impacts to nearby properties. M. Fencing(UDC 11-3A-6, 11-3A-7): The concept plan indicates a combination of buildings and fencing to enclose the proposed expansion.All fencing is required to comply with the standards listed in UDC 11-3A-7. N. Legal Description The submitted legal description includes property that is currently owned by the City as well as lands that will be acquired by the City. Prior to the annexation ordinance approval, a revised legal description shall be submitted that only includes lands that will be privately held; the City's parcel,including the new"flagpole" access to the north should not be a part. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement and the provisions noted in Section VII.A per the findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard this item on July 21,2022. At the public hearing.the Commission moved to approve the subject annexation request. 1. Summary of the Commission public hearing: a. In favor: Aaron Anderson b. In opposition:None c. Commenting: Aaron Anderson 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. Neighbors had questions regarding drainage,access and setbacks. Page 8 3. Key issue(s)of discussion by Commission. a. Council discussed the landscape strip staff recommended along the north, and whether architectural requirements could be carried around to the west side of Building B. 4. Commission change(s)to Staff recommendation: a. Removed staff s condition for landscaping alone the northern property line and added the west side of Building B to the architectural requirements listed in Condition l.d. C. The Meridian City Council heard this item on August 23,2022.At the public hearing.the Council voted to approve the subject AZ request. 1. Summary of the City Council public hearing: a. In favor: Aaron Anderson and Larry Bowman b. In opposition:None C. Commenting: Nicolette Womack d. Written testimony: Kathy and Andrew Griffard e. Staff presenting application: Caleb Hood f. Other Staff commenting on application: Warren Stewart 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Landscaping along the north boundary. 4. City Council change(s)to Commission recommendation. a. None Page 9 VII. EXHIBITS A. Access Configuration Exhibit(date: 7/7/2022) Legend ..mae, e_etl I e •.e _ i Sal s ....-- ®Project Locatnn _ _ fi. . s ea,e�c«cempleTenes o:_-.x r-e bum pr:.=e= �' Ames no le(pl responsibiRY for the-nroma:icn::-'=^=tl e 0 Parcels-Ado County I � -A i ?2 OD RAP1 US 9R +v R-2 " C City awned Flagpole Parcel PBA would reconfigure lot lines to move access portion of"flagpole"from south to z north = n `8 a 0 a Subject Parcel I4 Access portion of City Treatment Plant City"flagpole" Existing Stnraye Y+r parcel Printpore:71712022 U_ \ ` peer;aFlerenb..h6Dch Location of new access reconfiguration V B. Proposed Concept Plan(date: 8/3/2022) ., _ x � .I El EI CONCEPT SITE PLAN-4165 N.TEN MILE RD MERIDIAN,ID AUQUST],i0]2 "-•°- I imley)➢Horn Page 10 C. Legal Exhibit and Description(date: 6/24/2022)—Prior to annexation ordinance approval, the legal description and exhibit will need to be revised to reflect property boundary adjustment. (FcunD W— CM—GP&F)T] � �NDRTHERST IX ARTER 0 SECTON 3+ T4W RIWBr URA 2M7—CAP 01]-03421 a'1'319.15" Z S n 4 Sy N Q- o ir SCS 612 in �C] o OVERALL PARCEL LL 252.542 S0. FT. `9r syszsv 5.797 ACRES. I4&� '�25.97' —E C 1/1B 34 35 (FQ3N �" v asps aA a 21111i1(...110: � EBAR AND AP_C;`f H BB°18'49"4Y' 323.'. En ❑UAN M37530) vrr or eExrHru CORNER OF FouN 1 AB CAP—CPS 11203]532; DIAMOND LAND SURVEYING OVERALL BOUDNARY DESCRIPTION A parcel of land situated in a portion of the Northeast Quarter of Section 34, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County Idaho, more particularly described as: COMMENCING at the East Quarter Corner of said Section 34, marked by an aluminum cap monument; said point being the POINT OF BEGINNING; thence North 89°16'49"West 1323.76 feet along the quarter section line of said Section 34 to the Center 11161h corner of Section 34 marked by a 5/8" rebar and cap; thence North 0°48'05" East 237.59 feet along said section line to a rebar and cap marked "Briggs Engineering"; thence South 89°10'51" East 561.75 feet to a feet to a rebar and cap marked "Briggs Engineering"; thence South 58'37'30" East 174.28 feet to a '/2' iron pin; thence South 89'18'22" East 612.16 feet to the Section line; thence South 00052'50" West 148.02 feet along said Section line to the point of beginning. Parcel contains 252,542 sq. ft. 5.797 acres. Page 11 D. Building Elevations(date: 3/2/2022) &IE Itl IgRIH ELEVATION 3 ILD.NGA-WEST ELEVAPgi 2 MIDI ,EAST ELEVATION � �E➢ING A-SWIH ELEY0.TCN Page 12 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 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 and the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum,incorporate the following provisions: a. Future development of this site shall be generally consistent with the conceptual development plan, dated August 3,2022,including an 8-foot tall vinvl fence along the entire northern property boundary and elevations included in Section VII,Unified Development Code standards, design standards in the Architectural Standards Manual and the provisions contained herein. b. Prior to recordation of the annexation ordinance,the applicant shall complete a property boundary adjustment between the subject property and the city-owned parcel S0434131201 reconfiguring access as reflected on the attached concept plan, including providing all of the surveying, legal descriptions and records of survey necessary for both properties. These documents shall be provided within 6 months of Council approval of the annexation. c. pr-epeAy line, d. The northern and eastern building elevations and west elevation of Building B shall incorporate at least one material change or color variation every 50-horizontal feet of building fagade; a minimum of two field materials, at least one accent material or color, and at intervals of no less than 50 feet either horizontal modulation of at least 6 inches in depth and 8 inches in height,OR at least one-foot change in variation in roof plane(or a combination of both). e. The existing driveway access from 4065.N. Ten Mile shall be closed. f. The existing single-family home and associated outbuildings shall be removed prior to CZC submittal. g. Applicant shall construct a new 20-foot-wide access road from N. Ten Mile Rd. across the land the City is acquiring from the applicant(north side of the proposed buildings). h. The new access road shall be constructed of a minimum of 10 inches of 3/4 minus compacted gravel or 8"of compacted pit run gravel covered by 4"inches of 3/4 minus compacted gravel for approximately 1,350 feet. i. The existing City parcel access road shall remain accessible and usable until the new road is complete and ready for use. j. The north and south sides of the new access road shall be fenced and a 16-foot powder coated steel farm gate must be installed near the entrance to Ten Mile Road. Offset the gate 50 feet from the Ten Mile Road right-of-way. Applicant shall comply with ACHD's requirements for this new access. 2. 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-6B, as applicable. Page 13 3. The applicant shall comply with all provisions of 11-3A-3 with regard to access to streets. 4. The development shall comply with standards and installation for landscaping as set forth in UDC 11-3B-5 and maintenance thereof as set forth in UDC 11-3B-13. 5. The Applicant shall comply with the specific use standards listed in UDC 11-4-3-33—Self-Service Storage Facility. 6. Outdoor lighting shall comply with the standards listed in UDC 11-3A-11. Lighting details shall be submitted with the Certificate of Zoning Compliance(CZC)application that demonstrate compliance with these standards. 7. A Certificate of Zoning Compliance(CZC) application is required to be submitted to the Planning Division and approved prior to submittal of a building permit application. 8. The Applicant shall comply with all conditions of ACHD. B. PUBLIC WORKS 1. Max distance between sanitary sewer manholes is 400'. 2. Sewer must be run at minimum slope of 0.4% 3. Flow is committed 4. Provide two valves at connection to existing water main in Ten Mile. 5. Provide 20'easement up to hydrant and extend 10'beyond hydrant. 6. Blow-off Valve to the north should be standard drawing W 13. 7. Call out removal of blow-off valve at connection to the south. 8. Streetlights are existing for this project. C. ADA COUNTY HIGHWAY DISTRICT https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=265047&dbid=0&repo=MeridianCit X D. ADA COUNTY DEVELOPMENT SERVICES https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=261235&dbid=0&repo=MeridianCit X E. NMID https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=263374&dbid=0&repo=MeridianCit X IX. FINDINGS A. ANNEXATION AND ZONING(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The annexation of the subject site with an I-L zoning designation is consistent with the Comprehensive Plan MU-NR FL UM designation for this property, if the Applicant complies with the provisions in Section VIII. Page 14 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The proposed land use and concept plan for self-storage is consistent with the regulations as all setbacks, landscaping and use limitations are met. 3. The map amendment shall not be materially detrimental to the public health, safety,and welfare; The proposed zoning map amendment should not be detrimental to the public health, safety, or welfare. The Council considered all oral and written testimony provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and 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 As the FLUM designates this area for Mixed Use Non-Residential, which lists storage as a sample use, the proposed annexation is in the best interest of the City if the property is developed in accord with the development agreement provisions in Section VIII. Page 15 W IDIAN� AGENDA ITEM ITEM TOPIC: Interagency Temporary License Agreement Between the Ada County Highway District and the City of Meridian Regarding Discovery Park, Phase 2 DLA2021-0127 Discovery Park Phase 2 / SUBP21-0152 T 2N, R 1 E, Sec 05 (space reserved for recording) INTERAGENCY TEMPORARY LICENSE AGREEMENT THIS INTERAGENCY TEMPORARY LICENSE AGREEMENT (the "Agreement') is made and entered into this 6th day of September , 20 2Z by and between City of Meridian, a municipal corporation ("Licensee") and the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the state of Idaho, ("ACHD"). WITNESSETH : For good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties: SECTION 1. RECITALS. 1.1 City of Meridian ("Licensee") is a municipal corporation organized and existing under the laws of the State of Idaho. 1.2 ACHD owns and has exclusive jurisdiction over the public right-of-way located in Ada County, Idaho, municipally described as S. Recreation Avenue and E. Lake Hazel Road, Meridian, more particularly described and/or depicted on Exhibit "A" attached hereto (the "Right- of-Way"). 1.3 Idaho Code § 67-2332 expressly authorizes the Licensee and ACHD to enter into agreements to perform any governmental service activity or undertaking that is authorized by law and within the power, privilege or authority of said agencies. 1.3 Licensee desires a license to use the Right-of-Way for the limited purposes hereinafter set forth, and, for the consideration and on the terms and conditions hereinafter set forth, ACHD is willing to extend such license to Licensee. SECTION 2. LICENSE; LICENSE NOT EXCLUSIVE. 2.1 On the terms and conditions hereinafter set forth, ACHD hereby extends to Licensee a license on, over, across and under the Right-of-Way for the following uses and purposes ("Authorized Use") and no others: Licensee is to construct, install and maintain features consisting of trees, grass, perennials, and landscape irrigation system per Exhibit B and the ACHD approved civil drawings located within ACHD right-of-way and easements along S. Recreation Avenue and E. Lake Hazel Road. In general, coniferous trees are prohibited within the right-of- way. If allowed, the tree or shrub must be less than 3' in height at maturity. Final grading of landscaped areas shall slope away from right-of-way "hardscape" TEMPORARY LICENSE AGREEMENT- Page 1 (3/29/06) improvements including the edge of pavement, curbing and sidewalks. In general, licensee to install landscaping and sprinklers in a manner to eliminate irrigation flows and/or ponding of irrigation water within the ACHD Right of Way. Licensee shall observe the 40-foot sight triangle and will not plant any shrubs or trees within the area or over any utility lines. All trees in the public right-of-way shall be maintained by Licensee for clearance of 14 feet over all roadways as measured at the gutter plate, and 8 feet over all sidewalks. Licensee to contact Digline Inc., prior to start of construction. Licensee to contact Construction Services at 387-6280 to verify if a construction permit is required. 2.2 This Agreement does not extend to Licensee the right to use the Right-of-Way to the exclusion of ACHD for any use within its jurisdiction, authority and discretion or of others to the extent authorized by law to use public right-of-way. If the Right-of-Way has been opened as a public Highway (as used in the Agreement the term "Highway" is as defined in Idaho Code § 40-109(5)) Licensee's Authorized Use is subject to the rights of the public to use the Right-of- Way for Highway purposes. Licensee's Authorized Use is also subject to the rights of holders of easements of record or obvious on inspection of the Right-of-Way and statutory rights of utilities to use the public right-of-way. This Agreement it is not intended to, and shall not, preclude or impede the ability of ACHD to enter into other similar agreements in the future allowing third parties to also use its public rights-of-way, or the ability of ACHD to redesign, reconstruct, relocate, maintain and improve its public rights-of-way and Highways as authorized by law and as it determines, in its sole discretion, is appropriate. SECTION 3. CONSTRUCTION, OR INSTALLATION OF IMPROVEMENTS. Any repairs or maintenance, of the Licensee's improvements currently located in the Right-of-Way or the installation or construction of improvements by Licensee in the Right-of-Way as permitted by the Authorized Use, (the "Improvements"), shall be accomplished in accordance with designs, plans and specifications approved in advance and in writing by ACHD as required to satisfy applicable laws, its policies and good engineering practices. In approving such plans and specifications, ACHD assumes no responsibility for any deficiencies or inadequacies in the design or construction of the Improvements, and the responsibility therefor shall be and remain in Licensee. SECTION 4. WAIVER AND ESTOPPEL STATEMENT BY LICENSEE. Licensee acknowledges and agrees that the license granted herein is temporary, and merely a permissive use of the Right-of-Way pursuant to this Agreement. Licensee further acknowledges and agrees that it specifically assumes the risk that the license pursuant to this Agreement may be terminated before Licensee has realized the economic benefit of the cost of installing, constructing, repairing, or maintaining the Improvements, and Licensee hereby waives and estoppels itself from asserting any claim that the license is in any way irrevocable because Licensee has expended funds on the Improvements and the Agreement has not been in effect for a period sufficient for Licensee to realize the economic benefit from such expenditures. SECTION 5. TERM. 5.1 The term of this Agreement will commence on the day of 20 , and will continue until terminated by either party, with or without cause, which termination shall be effective following THIRTY (30) DAYS advance written notice of termination given to the other party. Upon expiration of the THIRTY DAYS, ACHD shall record a Revocation of License Agreement in the Official Real Property Records of Ada County, Idaho. TEMPORARY LICENSE AGREEMENT- Page 2 (3/29/06) 5.2 If Licensee defaults in the performance of any obligations incumbent upon it to perform hereunder ACHD may terminate this Agreement and the rights extended to Licensee hereunder at any time, effective at the end of thirty (30) days following the date ACHD shall provide written notice of termination to Licensee, which notice shall specify such default(s). Licensee shall have such thirty (30) day period to correct and cure the specified defaults, and if so corrected and cured, to the satisfaction of ACHD, this Agreement shall not be terminated but shall continue in full force and effect. SECTION 6. FEE. There is no annual fee for the Licensee's Authorized Use of the Right-of- Way under this Agreement. SECTION 7. MAINTENANCE: FAILURE TO MAINTAIN; RELOCATION OF UTILITIES. 7.1 At its sole cost and expense, Licensee shall maintain the Improvements in good condition and repair and as required to satisfy applicable laws, the policies of ACHD and sound engineering practices. Licensee shall have access over, across and under the Right-of-Way for the purposes of accomplishing such repair and maintenance. 7.2 If the Highway on and/or adjacent to the Right-of-Way is damaged as a result of: (i) the performance by Licensee of the maintenance required by section 7, or the failure or neglect to perform such maintenance; and/or (ii) Licensee's design, installation or use of the Improvements, regardless of cause; at its sole cost and expense Licensee shall forthwith correct such deficiency and restore the Highway and the surface of the Right-of-Way to the same condition it was in prior thereto, and if Licensee shall fail or neglect to commence such correction and restoration within twenty-four (24) hours of notification thereof, ACHD may proceed to do so, in which event Licensee agrees to reimburse ACHD for the costs and expenses thereof, including, without limitation, reasonable compensation for the use of staff and equipment of ACHD. 7.3 Notwithstanding the provisions of section 7.2, should an emergency exist related to the Licensee's use of this license which threatens the stability or function of the Highway on or adjacent to the Right-of-Way or the safety of the public use thereof, ACHD shall have the right to immediately perform, on behalf of, and at the cost of Licensee necessary emergency repairs. 7.4 Licensee will be responsible for the relocation of any existing utilities located on the Right-of-Way as may be required in connection with any construction or installation of Improvements by Licensee in the Right-of-Way. SECTION 8. RELOCATION OF IMPROVEMENTS. If during the term of this Agreement ACHD requires, in its sole discretion, at any time, and from time to time, that the Highway on and/or adjacent to the Right-of-Way be widened and/or realigned, redesigned, improved and/or reconstructed, Licensee hereby accepts responsibility for all costs for relocating, modifying or otherwise adapting the Improvements to such realignment and/or relocation and/or reconstruction if required by ACHD, which shall be accomplished by Licensee according to designs, plans and specifications approved in advance by ACHD in writing; provided ACHD gives Licensee adequate written notice as necessary to allow Licensee to redesign, relocate, modify or adapt the Improvements to the realignment and/or relocation and/or reconstruction of INTERAGENCY TEMPORARY LICENSE AGREEMENT- Page 3 (3/29/06) the Highway and also licenses Licensee such additional area of its right-of-way, if any, as may be necessary for the proper operation of the Improvements. SECTION 9. PERMIT. If the proposed construction and installation of the Improvements, or any reconstruction, relocation or maintenance thereof requires Licensee to obtain a permit under ACHD policies, Licensee shall first obtain such permit from ACHD (Construction Services Division) before commencing such work and pay the required fees and otherwise comply with the conditions set forth therein. SECTION 10. NO TITLE IN LICENSEE. Except as expressly provided herein, the terms and conditions of this Agreement shall not create any type of property right, title or interest in Licensee in or to the Right-of-Way other than the right to temporarily use the same pursuant to the terms of this Agreement. SECTION 11. NO COSTS TO ACHD. Any and all costs and expenses associated with Licensee's Authorized Use of the Right-of-Way, or any construction or installation of Improvements thereon, or the repair and maintenance thereof, or the relocation of Improvements or utilities thereon, or the restoration thereof at the termination of this Agreement, shall be at the sole cost and expense of Licensee. SECTION 12. TAXES AND ASSESSMENTS. Licensee agrees to pay all special assessments and personal property taxes that may be levied and assessed on the Improvements during the term of this Agreement. SECTION 13. RESTORATION ON TERMINATION. Upon termination of this Agreement, Licensee will promptly remove all Improvements and restore the Right-of-Way to at least its present condition, less ordinary wear and tear. Should Licensee fail or neglect to promptly remove the Improvements and restore the Right-of-Way, ACHD may do so, and assess Licensee for the costs thereof. Provided, ACHD and Licensee may agree in writing that some or all of such Improvements are to remain on the Right-of-Way following termination, and by entering into such an agreement Licensee thereby disclaims all right, title and interest in and to the same, and hereby grants such Improvements to ACHD, at no cost. Further provided, if the Authorized Use of the Right-of-Way under this Agreement is for landscaping in ACHD right-of- way and the irrigation and maintenance thereof, and the general purpose government with jurisdiction has adopted ordinances, rules and regulations governing the landscaping and maintenance of such right-of-way by owners of the adjacent property, to the extent such owners are obligated to maintain and irrigate the landscaping Licensee need not remove the same from the Right-of-Way. SECTION 14. INDEMNIFICATION. To the extent permitted by law, Licensee covenants and agrees to indemnify and hold ACHD harmless from and against any and all claims or actions for loss, injury, death, damages, mechanics and other liens, arising out of the failure or neglect of Licensee, Licensee's employees, contractors and agents, to properly and reasonably make Authorized Use of the Right-of-Way or properly construct, install, plant, repair or maintain the Improvements thereon, or that otherwise result from the use and occupation of the Right-of-Way by Licensee, and including any attorney fees and costs that may be incurred by ACHD in defense of such claims or actions indemnified against by Licensee hereunder. For claims or actions arising out of failures or neglects occurring during the term of this Agreement Licensee's obligations pursuant to this section shall survive the termination of this Agreement. SECTION 15. COMPLIANCE WITH LAW; WASTE AND NUISANCES PROHIBITED. In connection with Licensee's use of the Right-of-Way, throughout the term of this Agreement INTERAGENCY TEMPORARY LICENSE AGREEMENT- Page 4 (3/29/06) Licensee covenants and agrees to: (i) comply and observe in all respects any and all, federal, state and local statutes, ordinances, policies, rules and regulations, including, without limitation, those relating to traffic and pedestrian safety, the Clean Water Act and/or to the presence, use, generation, release, discharge, storage or disposal in, on or under the Right-of-way of any Hazardous Materials (defined as any substance or material defined or designated as hazardous or toxic waste, material or substance, or other similar term, by any federal, state or local environmental statute, regulation or occurrence presently in effect or that may be promulgated in the future); (ii) obtain any and all permits and approvals required by ACHD or any other unit of government; and (iii) commit no waste or allow any nuisance on the Right-of-Way. To the extent permitted by law, Licensee covenants and agrees to indemnify and hold ACHD harmless from and against any and all claims, demands, damages, liens, liabilities and expenses (including without limitation, reasonable attorneys' fees), arising directly or indirectly from or in any way connected with the breach of the foregoing covenant. These covenants shall survive the termination of this Agreement. SECTION 16. ASSIGNMENT. Licensee, upon the prior written consent of ACHD, may sell, assign or otherwise transfer this Agreement. Upon execution of the Assignment, the assignee assumes all obligations, warranties, covenants and agreements of Licensee herein contained. SECTION 17. ATTORNEYS' FEES. In any suit, action or appeal therefrom to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees. SECTION 18. NOTICE. Any notice under this Agreement shall be in writing and be delivered in person, or by United States Mails, postage prepaid, or by public or private 24-hour overnight courier service (so long as such service provides written confirmation of delivery), or by facsimile verified by electronic confirmation. All notices shall be addressed to the party at the address set forth below or at such other addresses as the parties may from time to time direct in writing by notice given the other. Any notice shall be deemed to have been given on (a) actual delivery or refusal, (b) three (3) days following the day of deposit in the United States Mails, (c) the day of delivery to the overnight courier, or (d) the day facsimile delivery is electronically confirmed. If to ACHD: Ada County Highway District 3775 E. Adams St. Garden City, Idaho 83714 Attn: Right of Way Division If to Licensee: City of Meridian 33 E. Broadway Ave., Meridian, Idaho 83642 SECTION 19. SUCCESSORS AND ASSIGNS. This Agreement, the license herein extended, and the covenants and agreements herein contained shall inure to the benefit of and be binding upon the parties hereto and their successors and, if consented to by ACHD under section 16, Licensee's assigns. SECTION 20. EXHIBITS. All exhibits attached hereto and the recitals contained herein are incorporated herein as if set forth in full herein. INTERAGENCY TEMPORARY LICENSE AGREEMENT- Page 5 (3/29/06) SECTION 21. RECORDATION. This Agreement shall be recorded by ACHD upon execution in the Official Real Property Records of Ada County, Idaho. SECTION 22. Warranty of Authority to Execute. 22.1 The person executing this Agreement on behalf of ACHD represents and warrants due authorization to do so on behalf of ACHD, and that upon execution of this Agreement on behalf of ACHD, the same is binding upon, and shall inure to the benefit of, ACHD. 22.2 If Licensee is not a natural person, the person executing the Agreement on behalf of Licensee represents and warrants due authorization to do so on behalf of Licensee, and that upon execution of this Agreement on behalf of Licensee, the same is binding upon, and shall inure to the benefit, of Licensee. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed the day, month and year first set forth above. [Space left intentionally blank] INTERAGENCY TEMPORARY LICENSE AGREEMENT - Page 6 (3/29/06) LICENSEE: City of Meridian Robert E. Simison, Mayor 9-6-2022 Attest by Chris Johnson, City Clerk 9-6-2022 STATE OF IDAHO ) ) ss. County of Ada ) This record was acknowledged before me on September 6, 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. Signature of notary public Notary for Idaho Residing in Meridian, ID My commission expires: 3-28-2028 INTERAGENCY TEMPORARY LICENSE AGREEMENT- Page 7 (3/29/06) ADA COUNTY HIGHWAY DISTRICT Mary May, President Attest by Bruce S. Wong, Director STATE OF IDAHO ) ) ss. County of Ada ) This record was acknowledged before me on 20 by Mary May and Bruce S. Wong on behalf of the Ada County Highway District, in their capacities as Commission President and Director, respectively. Signature of notary public My commission expires: EXHIBITS Exhibit A- Description of Licensee's property Exhibit B- Depiction of ACHD Right-of-Way Exhibit C- Authorized Use of Right-of-Way INTERAGENCY TEMPORARY LICENSE AGREEMENT- Page 8 (3/29/06) ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 6.00 2 801SE IDAHO 05115109 04;20 PM DEPUTY VicM Allen II ' Pion I i' V o PoCORDED-REQUEST OF t�l 109056418 IIIIII I I III G 0 1 N G d E Y / N 0 8151 W.Rifleman Ave./Boise Idaho 83704/(208)377-2700 303702 WARRANTY DEED Gregory For Value Received aw B.Johnson and Heidi M.Johnson,Husband and Wife hereinafter referred to as Grantor,does hereby grant,bargain,sell,warrant and convey unto City of Meridian,an Idaho Municipal Corporation hereinafter referred to as Grantee,whose current address is 33 E.Broadway Ave,Meridian,ld 83642 the following described premises,to-wit: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF. Together with all appurtenant water rights;including surface water from New York Irrigation District for irrigation of approximately 77 acres and a portion of water right 63-11703 consisting of 0.78 cfs and 337.5 afa for irrigation of 75 acres To HAVE AND TO HOLD the said premises,with their appurtenances unto the said Grantee(s), and Grantees(s)heirs and assigns forever. And the said Grantor(s)does(do)hereby covenant to and with the said Grantee(s), the Grantor(s)is/are the owner(s)in fee simple of said premises;that said premises are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to U.S. Patent reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and current years taxes, levies, and assessments, includes irrigation and utility assessments,(if any)which are not yet due and payable,and that Grantor(s)will warrant and defend the same from all lawful claims whatsoever. Dated: May 11,2009 gory . ohnson Heidi M.Johnson STATE OF Idaho, County of Ada,ss. On this A day of May,in the year of 2009,before me the undersigned,notary public personally appeared Gregory B.Johnson and Heidi M.Johnson known or identified to me to be the person/persons whose name is/are subscribed to the within instrument,and acknowledged to me that he/she/they executed the same. o°°°°®aLy e.J MEA°BOB1 a0®o°cl�``CJ�peoevoaoe+�,�f omaeoo - V e 0 go m `yOTAR�°oA o° 0 8 ©o© o m Susan J.Merrit v,moo f't/B LIG 0e° me Notary Public of Idaho 000000000 O,ate' Residing at Caldwell 4 hf34 �lid-;SSION EXPIRES 05-05-2011 EXHIBIT A PARCEL 2410: A portion of the East half of the Northwest quarter of Section 5, Township 2 North,Range 1 East, Boise Meridian,Ada County,Idaho more particularly described as follows: Commencing at the North quarter corner of said Section 5 from which the West 1/16 corner of said Section 5 bears North 89°58'22"West, 1331.92 feet; Thence along the North-South centerline of said Section 5,South 00°01'18"West,500.00 feet to the REAL POINT OF BEGINNING; Thence continuing along said North-South centerline South 00'01'18"West,2174.91 feet to the CIA corner of said Section 5; Thence along the East-West centerline of said Section 5 North 89°52'48"West, 1329.59 feet to the C-W1/16 corner of said Section 5; Thence along the West boundary line of the East half of the Northwest quarter of said Section 5 North 00°01'41"West,2672.76 feet to the West 1/16 corner of said Section 5; Thence along the North boundary line of said Section 5 South 89°58'22"East, 983.43 feet; Thence leaving said North boundary line South 00'02'18"West,500.00 feet; Thence South 89°58'22"East,348.63 feet to the REAL POINT OF BEGINNING. r gvAL I X 3 0 X I 0 X I A w D A W D A y D O AE n ap z 0 D 0 Inn TI 1.50' 1.50' c�X 7.50' v—> A-d a A�D O O / �r O m0 O \� l O m0 o C? 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ROW o r D � z D � x z 0 rn v+ w N 7- Z 0 --1 G) � --ID -0cnD 0MD (nv --1 ;a -4N -0D O „ 2 I 2cn 1 > r < ZO mm2 m2 � � r ' 11 c � 0cn � m = cDi � N cnc0 03D cX � vy rn p�oD nm � � r G) CalI zaC) zZ � m � D � � Cn v 2 v � � IG) ooZD �o � = OzD2 n � zDy CAD ohm o0 � 1Cnv0 DD � z < Cn 0 Ocpo -0 --11 r -nj01 mom „ may � �;, � cnr" m (n -a oco r^ mm = z A < cn Svr^ zCn > m m = ym v � Avm Ica v � D m � v � mmD m � z � (n Wz 0C)> c = y0Da03 Nxy 0D � < � x vr � z m m m I r-O � T mw m 2m � � moDo m 0 O r- > Z O z D m X m r y � m0 o � o cn rnv m _ mc � vDDZ O = (n� m D > zn n m� Orzcnv 0 < (n 7D D O 22 v m m z � C _ _ � m D 0 0 1 W p C) D D D_ m mv > � CD cnm� C,O G) zv -0 � ia -0 ;az z 0 0 00 v m -< Nn mm _< Gmi m < � r � G7 m I cci� �0 Oz � > s nm > ;d � - � m -0 133 v n cn m = _ n m m cn X SHEET TITLE: Cloverdale OWNER: S roR r�►N - APPROVED FOR �J IDAHO ROADWAY - TYPICAL SECTIONSBoise, Plans Are Accepted For Public p'Q�,r�, Street Construction CONSTRUCTION t.208.846.8955 �O C) J7 CITY OF MERIDIAN -H These plans and/or specifications have been reviewed for compliance with Meridian City Standards and Specifications.This review does not relieve the cn v PROJECT MANAGER: : :. • y / By stamping and signing the improvement plans, the Registered owner, engineer, or contractor of the responsibility to design and/or x y DU NO. REVISION DATE S I77 O D Engineer ensures the District that the plans conform to all District IT! � W 9 4 � 9 P construct these facilities m compliance with all current applicable federal, policies and standards. Variances or waivers must be s ecifical- m m z �' ' O N y _^ P P state and local laws, rules, regulations, ordinances,development ■ C • • — • • rn T w r— Y ly and previously approved by the District in writing. Acceptance Agreements, specifications,orders or approvals, all of which the City z 3 �, rn PROJECT TITLE: N s c of the improvement plans b the District does not relieve the retains the right to enforce. Inconsistencies not noted b City staff shall S � PREPARED BY: � � P P v g y y Registered Engineer of these responsibilities. not be construed as approved unless specifically addressed v K m ERICKSON CIVIL,INC. O9' -♦ O� ' A N A PH:(208)846-8955 erickson `f'o,1,�� W �� DISCOVERY PARK PHASE 2 ' Z in writing by the City.Any proposed revision er these pans must be ■ � O ,! \ ORIGINAL SIGNED PLAN SET ON FILE AT ERICKSON CIVIL,INC. submitted for review and compliance with the Meridian City Standards and FAX:(208)846-8956 7j\v Q Z Specifications before said revision is constructed. Oy civil MERIDIAN, ID 171 ORIGINAL SIGNED PLAN SET ON FILE AT ERICKSON CIVIL,INC. DRAWN BY: RKE COPYRIGHT - ERICKSON CIVIL, INC. - ALL RIGHTS RESERVED. REPRODUCTION OR TRANSLATION OF ANY PART OF THIS BY DATE: WORK WITHOUT WRITTEN PERMISSION OF ERICKSON CIVIL, INC. IS UNLAWFUL AND SUBJECT TO CRIMINAL PROSECUTION. ADA COUNTY HIGHWAY DISTRICT Name Date - wZ y 00 Z LLI " =aU2 0 Y > � aiT = - - U 3 , - v a N Ip�// ■ a Z N = _ -s ap �30 Keyed Notes 1 �oo0 �33g- Z tiW 3 ■ - - a o v U c Z ■ _ 5 ■ 1. 6"VERTICAL CURB AND GUTTER (TBC) PER ACHDo _ v U .■ SUPPLEMENTAL STANDARD DRAWING SD-701 2. CATCH SLOPE LIMIT. BRIGHTON DE ELOPMENT, INC. ■ 3. CONCRETE SIDEWALK PER ACHD SUPPLEMENTAL STANDARD o o ° o ■ DRAWING SD-709. Z \\\ S1405120902 10+47.67,23.00'L 0 4. ASPHALT PAVEMENT(COLLECTOR ROADWAY) -SEE SHEET r, =' = Z \ LIP:2747.83 ■ C.RD.O. FL:2745.80 10+35.64,23.00'L ■ 3 s LIP:2747.88 ■ 5. NOT USED. a s E- FL:2746.07 6 FL:2745.91 ■ Q Q Y \\\ \\ O \\ \ • .....................g.. 6. CONSTRUCT DITCH -(SEE C.RD.0). LL ........... .................................. _ W _ _ ...... .... .......... - L _ - -------\\� ----- ----------\�----------------- ....................Z�.Q........................................... ......tti „w.�yt�' t-- _ so/ °' 7. D - - - ----------- _ _ DGE FL:2747.86 ��----------------------------------FL:274 . 6 \ - - 6 666 ---�-- -- ■ M STANDARDS BARRICADES SHALL HAVE THICKENED E c ....................... _ - - SOB..-...-..-.,..�..,---- ---- - o._.o rrcR�-0. ...........TOB.................._................... _...........fi0 ...a_o.s%' O o�O/ � m Q E� °'o�d O o ALUMINUM W/6"WIDE RETRO-REFLECTIVE RED/WHITE a-c _..........:...T�.• a................2748........................................................... 2748......... > c w z- ¢ ..........................................TpB................... •T0B o T0� ...........................TOB.................................. ..... -0.5k .� -�- """' """" DIAGONAL DECALS. PAINTED SIGNS ARE NOT ALLOWED. , o Z T.QR....................... -...................................................... :.-.................................. - - - - d - -` a ....... _ ......» ::::::: .:::::::: ::::::.... .......... .................................. �.o ::...:::Te .:• BARRICADE MUST HAVE A KICK PLATE AT THE BOTTOM TO m a� - . o ...... -....... - -0.5 �rao�.. ................�. ........................................................................... : � �- L a> ........................._%........................................... .............................................................. _ 4 i W TaB­ PROVIDE CANE DETECTION. Q N o N o ° 6+44.92,10.50'L TOR...................................................o - � 10 rn - - o LIP:2749.50 N """'"""" _ - - o Mz - z 8 GUTTER PER ACHD SUPPLEMENTAL - "' _ •••••2749 9+47 21,16 00'L c +15 44,16 00'L 1 $ CONCRETE VALLEY E ¢ M l M - _ ....-............................................... 2W 0 1 LIP:2747.90 N h; - Z T - 12W ......... .......... LIP:2748.17 r � ■ DRAWING SD-708. d N = o a S. RECREATION AVE. _ N:84973.0545� m w a T O� m _ 10+00 0 8+22. L 9. TYPE-III SIDEWALK TERMINUS BARRICADE PER ACHD N:85275.2227 z i. MZ MZ --- MZ MZ l 4 _ M2 i. �nz. •_ - MZ N - y 29 51. _+00 - E:462190.3787 , SO°01'.461' W r d01 dog _ o----� SO 01'18.00"W-- ____ LIP:2748.79 1'�E _- - _-- _ _ 125.461' �y V STANDARDS. ROADWAYS. EMPIROVEMEN ION AVE.MPROVEMENTS LECTOR 9 w ---2749-_-2749===-- o ---- S 9 __ 9+47.21 __ ---- __ �~jJ -do, dol E:462184.9929 1 7+00 3 _ - _ - ROAD TERMINUS TO W. LAKE HAZEL 6+44 92 CR -- --722.088'---- --- - ----- --_-� - -- o- ROADWAY CENTERLINE(CL) CL:2748.50 o ■ W M N:85098.0551 --- ............................. RD.TO BE COMPLETED BY OTHERS CL:2749.71' S8 S8 -__ss4�-- � Sg Sg Sg S8 S8 S8 Sg g s�=2748---Sg= ----o 00 g QUARTER SECTION LINE g .�g _ Notes ' UNDER ACHD CDA _ 4 o E:462184.9259 4 / cm - vT44.92,16.50'R I 1 ---2149-- co ..•••....21419 8+22.093 8+22.09,16.50'R 1 / 9+47.21,22.00'R tO 2148" 1 ■ W LIP:2749.38 CL:2749.00 LIP:2748.67 �/ LIP:2748.06 ■ W 1. CONTACT ACHD INSPECTION SERVICES AT 208.387.6284 A -s to MINIMUM OF 24 HOURS PRIOR TO REQUESTING INSPECTION. --- INE - ----- ---_ -_______ -------------_ _ 2. ABANDONED BUILDINGS, TEST PITS, OR WATERWAYS LOCATED CONTACT DIGL o ' 0 2747 ---- M WITHIN CURRENT OR FUTURE RIGHT-OF-WAY SHALL BE 48-HOURS 00 Co-- - 2747--i !kEl RE-EXCAVATED TO NATIVE SOIL AND BACKFILLED WITH BEFORE DIGGING °aSTRUCTURAL FILL PER ISPWC SPECIFICATIONS. PROVIDE SOILS 1-800-342-1585 �E•, q v ° 4 v v` \° ea "° ° o a ° f� n a° _ °� � � o 3 � ■ DATA TO VERIFY NATIVE MATERIAL MEETS THE REQUIREMENTS ?��"" _ ° °' b r2747-- FOR ENGINEERED FILL PER ISPWC SPECIFICATIONS AND ° ° a ° ° ° - a ........................-::.., a ° °--- ..................................2749................................: ��i oa".......................................................................................�.. ......................e............................................................. ......................... 4q o o ..............o..................... ....................................o..■ PR VIDE A PY F THE MPA TI N TE T REP RT . ............................2749...........................................................l.N 27 - N 2748 L....................................................................lin N 2748........................................EP - =- - `" 3 ION FOR UTILITY WORK - • - • - - - -� - -_- 2747...............:......_..:......_..:......_........_..:.......... PROVIDE TYPE-P SURFACE RESTORATION _ ---- _ dp1 ....................2747 ........................:. ............;...... ..........._......................................................................................................................................................................................................... -_ WITHIN ASPHALT PAVEMENT AREAS III III I 2 2 "'�'2746 ■ 4. PROVIDE ALL TEMPORARY IRRIGATION DITCHES AND PIPES AS N ACHD SLOPE EASEMENT `- _____ ,��p6�/ �T� ACHD SLOPE EASEMENT 2 ■ REQUIRED TO COMPLETE THE NEW IMPROVEMENTS. ALL w III III - 1 2 do ■ EXISTING DITCHES SHALL HAVE TEMPORARY REROUTING Q Q III FIRE STATION II DPARI(-�� - o� ����/ �-- ------- ®- ----------------®-------- 1 PROVISIONS SUCH THAT THE FLOW OF IRRIGATION WATER, AND 0 a p II III I y d°' ,, ' <;,,2146 _ do/ ® ® ®® ; DRAINAGE OF SURFACE WATER ACROSS THE SITE REMAIN Y - UNINTERRUPTED THROUGHOUT THE DURATION OF W Z III III ■ CONSTRUCTION. CD ■ �� ■ O w Lu > O U v S. RECREATION AVE. (STA 6+44.92 TO 10+55) J z 0 U LU w 0 20 40 z 0 U O FEET d �SS�ONAL ENG� \STE Fo OFF 3 � 6+00 6+20 6+40 6+60 6+80 7+00 7+20 7+40 7+60 7+80 8+00 8+20 8+40 8+60 8+80 9+00 9+20 9+40 9+60 9+80 10+00 10+20 10+40 10+55 11-23-21 yT oP 2756 2756 'poss OF R\c�go� • . . (0 (. .. :. .. .. .. .. . N . • . . . as cc i •ci CID ' u aco N N • 2752 en � 2752 FUTURE ROADWAY APPROXIMATE EXISTIHNG CENTERLINE PROFILE LU :n BY OTHERS BEGIN ROADWAY IMPROVEMENTS GRADE AT ROADWAY C/L a 10 UU K o air FINISHED GRADE AT ROADWAY C/L <z + Z U O O F F -0.40% zw _ O oo o Z. 2748 _ 2748 N H �z o APPROXIMATE EXISTING GRADE 27'LT - w� w w_ � w> APPROXIMATE EXISTING GRADE 42'RT + �z �o U'Y �U a 10 aLL Ci O Z� U d OW 2744 2744 ; N Y k U¢ w3 a �0 c�3 z o0 rlzj 3O a W U W WZ (0 2740 2740 a m z4CO of o o�� ,= H W Y N v In V, U j� Z O W W d U- Of Of d d o JOB NUMBER: 111311319075 DATE: 09/29/21 S. RECREATION AVE. (STA 6+44.9 TO 1 +55) 0 SHEET NUMBER: w oc J 2736 2736 C.RD.1 6+00 7+00 8+00 9+00 10+00 10+55 wZ y 00 ILL P: Is Z V.I 2 0 ` Y 3 _ - v O ��//�� LL cn ■ o-o0 as-L3 Q a � _ LLo _ ZKeyed Notes O NNW� aoa 5 j 1. 6"VERTICAL CURB AND GUTTER(TBC) PER ACHD ■ SUPPLEMENTAL STANDARD DRAWING SD-701. � W _ o=5� -MA: ooz ■ FL:2745.53 2. CATCH SLOPE LIMIT. r�s a_ti z GRVL:2747.74 3. CONCRETE SIDEWALK PER ACHD SUPPLEMENTAL STANDARD _ 9 o ° GRVL:2747.53 - E E ■ 11+09.69,23.00'L DRAWING SD-709. IIIJJJ ¢ '- Z ■ 10 LIP:2747.59 BRIGH ON DEVELOPMENT, INC. 4. ASPHALT PAVEMENT (COLLECTOR ROADWAY) -SEE SHEET yoga 10 12.63' FL-MA:2746.69 2 � C.RD.O. , ■ FL:i745.n -6 FL:2745.80 5. SEE STORM DRAIN ON "SD" SHEETS. ■ o � 7 \\\ q / d _ 6% . CONSTRUCT DITCH -(SEE SHEET C.RD.0). c _2 o 1:3 0 8 w ■ a 7 I 13 7 FL:2745.86 �� L � E'" � N • ••:. '••••.. �`� 7 SEE GI SHEETS FOR GRAVITY IRRIGATION REQUIREMENTS I .s% o o \ \ .... ........... ..................... 8. SIDEWALK PER ACHD - - - ........................ . -......c3g..-..-..---------------------- __ i ••... .�.o%........... ........................... _µme.... ------- �� � CONCRETE DRIVEWAY WITH DETACHED SIDEWA SUPPLEMENTAL STANDARD DRAWING SD-710C. - o FL:2745.26 _.._ .......................... FL 2746.28-------- _ T TOB......................................................._ T.Q o -- _0.3%=..-........- _ r --_-_- 9. - - .... . . IRRIGATION BOX ACCESS -6"THICKNESS CONCRETE SIDEWALK_ ...... ..............o �N 12 15.53' o - - �� me"""" - _ -------- __ FL 274682 EMENTAL STANDARD DRAWING SD 709 WITHIN - - �_... _ _ ........................... 01 ACHD SUPPL � L a o - 0.3/ -- w ...... ... •.........,...-.............8 ...................................... 801 - .... _ � PER ,� o -... ............ ° --- - o �............................ �e�..................�............... ................ ■ I I FL:2745.55 I z l = , _ 11+35.11,16.00'L - c4 �} 80i W� ---- - a01.................................. 10+72.67,16.00'L 11 - 10. RETAIN & PROTECT EXISTING DITCH. - �, o LIP: -MZl -r_ - '- -__ .... _- 6 ■ m N LIP:2747.67 I o - - e o.aq Z � o `o °' E� f� cy - - ».:.„..r .„.........IQf3.................. ................................... ... ..T.Q - 11+29.67,16.00'L 1 MZ l Mz l - - _�- - _______ ______- 11. GUTTER PER ACHD SUPPLEMENTAL d m w o o 4 11+00�- ■.....o Mai ... o o - - D............................. DRAW NG SD 708. LIP:2747.45 12+64.64,10.50'L - w:.TOB..,,- .. ., dory Co _ ....0.4%.............................. - (� SO 01'18.00"W , SO°01'18.00"W 12+00 ...................... . - - ■ 62.444' - WAY TERMINUS BARRICADE PER ACHD -�-- _-S2°27'7- 9.31'W o �"', Mz l Mz l Z _ _ ................................... = . - -' LIP:2748.05 0 - ..... . ....2748.................... _125.461' 10+72.67 r _O _o- --_- - - - -- ---- '-----'=......... - - J� --4--- l- --Mzl -oM -------- _.._.._'... .... N ��� > �D............................4:..■ 12. \ 129.524 -----= - 13+00----- 1 ■ W IPME� - - -CL:2747.99 ---2747 ��c _N:84785.1495 = _- - _ ___ __ 13+97.02,10.50'L --- = - -2748-'••••••• ••• 2749"iM:� STANDARDS. BARRICADE SHALL INCLUDE A SIGN THAT STATES ' _ ■ 10+72.67,22,00'R E:462190.3076 _�_ 748 59 STREET TO BE EXTENDED IN THE FUTURE". LIP 2 -S8 S -o-� N a 11+35.11 GB-LOW ROADWAY CENTERLINE(CL) Sa s "•.. ......•........ E:462184.7587 S8 a 3 M S8�_S8- S. RECREATION AVE - 14+pp 9� 12W t/) 8 LIP:2747.55 ■ 13. TEMPORARY GRAVEL IRRIGATION ACCESS 6 THICKENSS O 4 - N CL:2747.74 0 �; W , 7 1 QUARTER SECTION LINE 12+64.64 1 sg r 2w 12w 12w AGGREGATE BASE COMPACTED TO 95/o MAX DRY ■ G �W""� MINUS AGG 00 �_ ____-- 13+97.02 PVRC .ram.-..... o $ 11+35.11,22.00'R 27 0 4Go W ■ CL:2748.27 "" � ---_\ CL:2748.80=SS - N:84523.7501 -- \ ......................................... 1 15+00 ■ t/) LIP:2747.30 �• •••........, o� • ...... DENSITY. - SR- 14. GRADE BREAK. INE --- --- --- o - - -- -- -- __-- -__ -__�--- \� E•4621759588 0 0 \ .......Sg�........ �- O O \ o C 12+64.64,16.50'R- 47 - o \ 13+97.02,16.50'R v, \\ o S8 C A OUIS • --- N.•...,,v •• ' /1�= -•• 0 p p co \\ C.................. 14.00' p LIP:2747.94 0o LIP:2748.47 0 1 ■ Lu _ Notes 10+79.60,42.00'R " ?748 .. ��' ° a 4� '`' ° ° " 3 0 <c„ ,\ ° c " "�� " " \ ■ U) 1 8W-342 =5 CON:2748.21 ° ��-.••••..... a " ° o " < ° a a ° ° o ■ W - ° ° Lu ° - " ° < " " o co - ° ........................................ ° v "}° < .. ° ,' 2749........ 1. CONTACT ACHD INSPECTION SERVICES AT 208 387 6284 A g 2748................................. .._...............................................o...................................................................................................................o a....,...a. ,••••••••••••••••"_.""' ""••••••••••. co ,r _ � a a I o ■ MINIMUM OF 24 HOURS PRIOR TO REQUESTING INSPECTION. b� N-2747 _ ........................................ _ _ ...............:.......................................... - - - - - - - - - - a " - -moo- - - - - - _ __________ ____:,,,••.,,.••.....,...,,,.,,,,.. ••.. ••..�,,........ �� ________ "� ___ - ' ° o 2. ABANDONED BUILDINGS TEST PITS OR WATERWAYS LOCATED •• I ... __.\ Liiir _ --- Z'� .............N ....f.......... 4 h a v v v "0 v _2746.......... --- TT 4 Oa° sstz, ems__--_ ___________ ___L ------_ � " ° WITHIN CURRENT OR FUTURE RIGHT-OF-WAY SHALL BE r .` a 10+93.60,42.00'R --------- ---- -- ------ ---- -�-- ° 3 Ln ■ 2�48 a ti CON:2748.16 2 \\ JY� d°r 14 \� 14 N `��� 27 _ r " ° °\\ ° N= °1 " a ■ RE-EXCAVATED TO NATIVE SOIL AND BACKFILLED WITH cN � ••• "' •• • -••-... ° ° o STRUCTURAL FILL PER ISPWCISPECIFICATIONS. PROVIDE SOILS W ■ \ 3p1\ \\\ \ ACHD SLOPE EASEMENT ���� w -� N1 .•�� ...... . o -... ................. ■ o. .... � - - - -■ Z Cn .,c;_, ,, 2749• ••••-••••••• •••••••••••...... o�- DATA TO VERIFY NATIVE MATERIAL MEETS THE REQUIREMENTS Q _ ==� ■ FOR ENGINEERED FILL PER ISPWC SPECIFICATIONS AND 2 \ -2747 010+79.60,57.89•R ••.. ..- v'1°�. •';T- ® -- ------------ - �1--� - 3p1�\ ® ® \'����o\ ®® ®® DISCOVERY PARK ■ CON:2747.97 �� ® ® 10+93.60,57.89'R \ PROVIDE A COPY OF THE COMPACTION TEST REPORTS. Y - ■ CON:2747.92 � 14 2748y 3. PROVIDE TYPE-P SURFACE RESTORATION FOR UTILITY WORK W � Z WITHIN ASPHALT PAVEMENT AREAS. < 0 ■ 2 'c \\\\ °lam\ _ _ _ ■ 4. PROVIDE ALL TEMPORARY IRRIGATION DITCHES AND PIPES AS LL ■ �� a� vvv ��v �� / - - - - - - - - - - - _ - - - - REQUIRED TO COMPLETE THE NEW IMPROVEMENTS. ALL 0 W W EXISTING DITCHES SHALL HAVE TEMPORARY REROUTING > PROVISIONS SUCH THAT THE FLOW OF IRRIGATION WATER, AND O ■ \ / \ 2 °{ 2747 I DRAINAGE OF SURFACE WATER ACROSS THE SITE REMAIN U ■ UNINTERRUPTED THROUGHOUT THE DURATION OF ui p ■ k \�� --------------------------------�--------------i CONSTRUCTION. Lu Lu � � S. RECREATION AVE. (STA 10+55 TO 15+20) ° Z SS�ONAL FiyG 0 20 40 �G\STE F�/"CO FEET 3 11-23-21 10+55+60 10+80 11+00 11+20 11+40 11+60 11+80 12+00 12+20 12+40 12+60 12+80 13+00 13+20 13+40 13+60 13+80 14+00 14+20 14+40 14+60 14+80 15+00 15+20 doss ERc�go� 2756 2756 • . . • . . . - .• :. .• oo 00 o . • . . . •• N co O ti O� 2752 r o 2752 aco L � � M co ti W m APPROXIMATE EXISTIHNG c� `� a to a GRADE AT ROADWAY CIL a v H ti as � N z� v FINISHED GRADE AT ROADWAY CIL o N00 D.40% ♦ z �m 0.40% z 2748 -0.40% - 2748 0 og Z W? o + �z ♦ W w� W> .o ACHD DI-1A APPROXIMATE EXISTING GRADE 42'RT to �U ACHD DI-1 B Q J W aLL APPROXIMATE EXISTING GRADE 27'LT l jO U d o W Yk U¢ 2744 �_16"Gl 2744 w3 ao c�3 Z oo O o3 OZ ACHD SG#1- W U I♦ m ACHD SEEPAGE#1 W J Lu co °° > cbto W a mz �° 2740 2740 o V/ U„j Z O W W ILLL d d o JOB NUMBER: IDB19075 DATE: 09/29/21 S. RECREATION AVE. (STA 10+5 TO 1 +20) J o SHEET NUMBER W CAD.2 2736 2736 10+55 11+00 12+00 13+00 14+00 15+00 15+20 -J 3... /� N /y�/ Z ■ p mE�yy�o ■ IL o= a > ■ 0 O W a 3 >. U Keyed Notes 3 _ _ I O I- a N W o 0 � ==�o � 1. 6"VERTICAL CURB AND GUTTER(TBC) PER ACHD V t N ti s N J a0 do � o ��.3� z Z ■ - o SUPPLEMENTAL STANDARD DRAWING SD-701. ■ �� I /�� oil v I�� 2. CATCH SLOPE LIMIT. o = _ ■ \ I Py l9'hs 15 j \�\ l III 3. CONCRETE SIDEWALK PER ACHD SUPPLEMENTAL STANDARDS _1 S, 3 z ■ \\\ I 9�� A/�Fl/ y / \�� I� DRAWING SD-709. _ �s N ■ I °� �� �P // /// .T NS ■ \ I �9 F I �2js,\ Ill 4. ASPHALT PAVEMENT (COLLECTOR ROADWAY) -(SEE SHEET ■ ---- I BRIGHTON DEVELOPMENT IN(' c.RD.o). _ o / P RIGHT OF WAY �` I __ z ■ LL��� S1405120902 ��9 33.00'FUTURE p5 ti� 2 �'/ �^� \o 11/l Ir \e� 5 (SEE TEMPORARY/C D j URN AROUND ASPHALT PAVEMENT SECTION - U Z /j I = � FL:2747.37 // N Py PUBLIC STREET - / I FL:2749.13 ONSITE ASPHALT PAVEMENT SECTION -(SEE 3/C.DT.3). y Q o 15+29.40,10.50'L P d ■ / QUARTER SECTION LINE I 18+15.96,23.00'L \ FL:2749.34 I I //I \ 7. SEE STORM DRAIN ON "SD" SHEETS. L O s E y == N LIP:2749.12 17+95.99,16.00'L 9 18+69.01,23.00'L \ I 1 O ■ / I / LIP:2753.75 1 I FL-MA:2750.66 3o O -6 a- 3 a ° LIP:2753.54 LIP:2753.26 \ FL:z7as.az- I I 3 LL i = ■ 9 c // c 9 FL:2748.38 I �� V ■ I - 9 8. GRAVEL SHOULDER -6"THICKNESS OF 4" MINUS CRUSHED . . .................. ........ ....... 0 o I. H......................................... .. ... .............. ..........-............ .. ................. II \ L - �_ o. I o .T.QE................................... x AGGREGATE BASE COMPACTED TO 95% MAX DRY DENSITY PER +� a W 1 e ° _ _ _ 0 0 ... .e::::: v::....Fw� �-0.6/ o._... .n... •,, 2751........ ..... ...... .... `• TOE v FL:2750.62 / o Q ............................-...............- �•. I ASTM D698. SLOPE SHOULDER DOWNWARD AT 2/o AWAY FROM C z d Z N _ T� --........... 20+08.49,16.00'L a� E a 13 /. .�•.......... Tfla.� ............................ T.QB. B O .. ° ._... .. .............. ....................................... a� 4 ...................... ._ ». d ........ ......................... .. _ �,v....... ... y.> / - ° s0.6/ Tfl - ................... :,:• •.... o .........,� �,..........: ••... �o......... ' ......................................................................., � \ PAVEMENT O M .2748........................77LQ..............................., x.......mxxw........»»,«. M- - LIP.27 6 ............ . v � e ati ........................... ........................... •dB• ...................... a w o OF 4 � �. o••... ............-..........-. .........-......:»,�«,.......:»«.... ..................................-o/ 50.6 . ... o. - - 0.6% 2749 ................. . -0.6%........ -I-. ................:0.6%..,.........,, --- o k: ..... . h •.O 1.1%....... /............. ------ - -- -- - ... ........................ � - -�j--- s,--..-....._,2752_- •' ... � ,_-� - ----------- 2751 X .-- -- -- -- Pl-- ....-...._ N- ...... - O --- ---- - -......_a' - 752 - 2750 - .... o -- ............. 2753............ 2 0. CONCRETE VALLEY GUTTER PER ACHD SUPPLEMENTAL - - O \ d �aH +--o d c m N - - ---- - -- ---TOE -- TOE - .......................... _ - 1 15+95.98 12.70'L v� 16+62.57 EVCS - _ ---- _ d01 d01 d� N N N o o W N o DRAWING SD-708 18+88.99,16.00'L 1 ^- -- - .•� �3-- o N E ^ a N o 15+29.40 BVCS Mz - __ Mz l e Mz l w MZ I 16+96.49,16.00'L Mz ;`''nnz o M 17+76.28 BVCS M c r Mz M LIP-HI PT:2753.70 Mz 'I I�n��- - - z�-- - t_ - Mz�'' z m �3 11. CONCRETE PEDESTRIAN RAMP PER ISPWC SD-712C AND ADA _ Z. LIP:2749.64 CL:2750.75 /� 15 10 18+60.22 EVCS•., LIP:2752.84 - o ?> d m w a o o m ■ CL:2749.33 _�{+ _____ Q 1 LIP:2751.45 4 _ CL:2753.52 1 s� o 0 0 �> 1 s/. o '20+08.49 STANDARDS. THE LONGITUDINAL SLOPE OF THE PEDESTRIAN U e 16+00 - ----- - ti1y ------ 3Py 18+22.18 f CL:2753.68 `? `�• I CL:2750.98 RAMP SHALL NOT BE GREATER THAN 12:1; THE CROSS SLOPE N:84224.7654 \ 17+96.49 - 18+88.49 GB 4 E E.O. E.�- ■ S1°54'29.02"W E:462161.5957 17+00 ;' ROADWAY CENTERLINE(CL) \ 5 CLHIGHPT:2754.02 19+00 20+00''. MEASURED PERPENDICULAR TO TRAVEL SHALL NOT BE W ■ 167.083' - I - _ :' o� :` SO°01'18.00"W C 8,_2754. .....••...... CL:2753.17 ----- _ _ ;••SO°01'18.00"W L:2753.87 W ■ _ _ - - � GREATER THAN 2.0% - NO TOLERANCE IS ALLOWED ABOVE THE 1 15+95.98 PVI 16+62.57 EVCS o o \ 146.000' =y CON:CON:2753.06 >S 19+03.49 22.00'R 166.000' / 13 TYP.OF 4 �t 15+95.98 20.67'R 16+96.49 0 S. RECREATION AVE. 18+00 18+42.49 18+88.49,22.00'R > MAX. SLOPES. PROVIDE TRUNCATED DOMES PER ISPWC SD-712. ' ■ OD CL:2749.89 CL:2751.05 -�.,-� coN:z7sz.s1 \ LIP:2752.46 N:83912.7655,:' cl) ■ c 15+28.79,16.50'R LIP:2749.48 0 CL:2751.78 „�� P __ 18+18.25 PVI =CL:2753.92 LIP:2752.73 o E:462161.4777 'I 2 TRUNCATED DOMES SHALL BE TRAFFIC YELLOW. W ■.� LIP:2749.00 1 �� ?> 16+62.57,24.82'R I �>s > 4 ,�. CL:2754.02 �/ ON:2753.3 0 \ 19+08.49,22.00'R:' 0 0 P -_ COS 2753.38 3 of ? o 15 y _275 N:84078.7655 LIP:2752.36 0 �' %/ W "" 1 `�... j LIP:2750.55 0 17+96.49,27.00'R e 0 / E:462161.5405 I� �� 12. 10'WIDE TYP -II SIDEWALK TERMINUS BARRICADE PER ACHD 16+96.42,27.00'RT 4 1-e LIP:2753. 18 I �� �� �f� �� CON: 1 I I 2 20+08.49,22.00'R E cn ■ o ''• R. LIP:2753.33 ti / ` �O STANDARDS. BARRICADES SHALL HAVE THICKENED EDGE c�, - - •.. I LIP:2751.26 N I P 1.5% 11 1 19+12.49,22.00'R 10 m / LIP:2750.54 LIP-HI T 2753 51 ■ •• ° CON:2753.94 / 10 LIP:2752.29 14 ALUMINUM W/6"WIDE RETRO-REFLECTIVE RED/WHITE F ` LIP: + DIAGONAL DECALS PAINTED SIGNS ARE NOT ALLOWED. CONTACT DMINE ` G1 2753 4 r CON: �� I � �� CON: 7 / oo' BARRICADE MUST HAVE A KICK PLATE AT THE BOTTOM TO o° a :' LIP:2753.51 000,00: o DIGgNC ■ � 3 ° °4 ° ° ° ° ° .•.°: ° / p� 11 � � .1. ° ••/* o � �^.. AC:2752.35 •o � 1 9 � •'I '•• 5°r I PROVIDE CANE DETECTION BEFORE a ° ° a / CON:2753.07 �- C�Q• -�00-342-15 ° °� ° �''' v c $ CON:2753.69 1.3%' •1.3%�r° 1z.00 I 3 RIM:2750.74 13. TYPE-III ROADWAY TERMINUS BARRICADE PER ACHD ° ° �°a ,:•ti1 ° ° ° d / / o CON:2753.57 2752.99 I'I 20+08.49 26.00'R _� ° /° j a; f n ,� ° a.00 / eta.7% °=1.z% -1.z% STANDARDS. BARRICADE SHALL INCLUDE A SIGN THAT STATES ° ° ■ b ....... " ° oo CON 2753 LIP.2750.54 o N�............. ° �� ET WILL CON:2753.08 .I u N-�--- _ 27 - ° ,1 a ° Py ° 5q ° �� / a ea° �� `°°6' eo, I ') >s 'THIS IS A DESIGNATED COLLECTOR ROADWAY. STREET a ° \ ------ 49................. ° R 2750 65 ° °° v , - ° O ° 1 ° � 0 8 W ° py ° � - -0 a% -n.s%et>: Eta' �I � � �`°`:i °a ' ° �• f� • -- ....... 75p.......- �' f 3 �' ° 12.00' ° °o e ° y .- - ° i O •2753.27�"0 I 7 / � BE EXTENDED AND WIDENED IN THE FUTURE" 1 :• ° ` ��� -0.1%. 12 � 1° \ P °° CON 2753.81 ° -0�5%%::•o :, ayi -0�i �... - ■ 16 SHAPE VALLEY GUTTER SO THAT ALL FLOW WITHIN THE o ------- �••�,,.. - - - - - - CON:2753.96 .a ° CON:2753.72 CON:2753.23 3 1i \ I I ;/ col° / VALLEY GUTTER ENTERS THE STORM DRAIN INLET. ■ \ M --"= W.,.. I - - / CON:2753.41 1 I I /� �/� CV \ -- �. 1 / CON:2753.91 d _ ° 1 1 CON:2753.14 I / -�2> \ ° - - -- " ----- y<N- ----- _1_ IN CON:2753.42 cC \ 1 I^ 8' �/ 15. RETAIN & PROTECT EXISTING GAS LINES -SEE NOTE 1 ON THIS W ■ i -/ ----- - -- \ // CON:2754.04 11 /6 CON:2753.1i, �� I I N >s o � SHEET. CONTRACTOR SHALL COORDINATE WITH WILLIAMS Q ° / P , CON: 16 18+60.49,52.00'R '?sal I `' PIPELINE AND DETERMINE THE EXISTING HORIZONTAL AND 2 ACHD SLOPE EASEMENT \ ti I TBC:2753.85 ,\ I ` I 5 / VERTICAL POSITION OF THE GAS LINES PRIOR TO START OF 0 W 0 18+26.49,52.00'R / :' I ,r al° CONSTRUCTION. Y / 18+58.49,52.00'R F` G TEMPORARY PUBLIC � Z ■ � � I LIP:2753.85 I :............. ''••.•. �o � F. ;`�.. :•'•••� W \ \ ° I / .� ?�s3 ♦ _- / LIP:2753.43 \ 1 cSo o, Q Q / TURN-AROUND EASEMENT 16. GRADE BREAK. y :' LOCATED AT EDGE OF PAVEMENT ■ \ �� \ ° ! N I g // soo- ° ?�s, ' / 6 18+42.49,52.00'R - - \ I I I / 17. MATCH EXISTING DITCH. LL_ - ■ \ ♦ \ I �' / y'i 15 18+24.49,57.00'R AC:2753. 4 �'♦ I oo �C �"- -EPA �C, :; (ACHD TO RELEASE TEMP.EASEMENT' ■ \ \ I / ll/ ., i TBC:2754.14 �°� 36.00 6 \ ♦� I l �, �� / ONCE IT IS NO LONGER NEEDED) 18. CURB TERMINUS PER ACHD SUPPLEMENTAL STD. DWG SD-707. W W 15 ,' � I......... 18+26.49,57.00'R/ �' `�' / I I I ♦♦ "............................................ DISCOV Y PA K LIP:2753.72 // I I I ♦♦♦ .............23 ••.. �\ / U Notes \ ----r w 1. CONTRACTOR SHALL OBTAIN A COPY OF THE WILLIAMS 16 PIPELINE DEVELOPER'S HANDBOOK PRIOR TO BID. ALL WORK w w SEE SHEET C.GD.7 2 WITHIN THE WILLIAMS PIPE LINE EASEMENT SHALL BE 0 PERFORMED IN ACCORDANCE WITH THE CURRENT WILLIAMS ° a DEVELOPER'S HANDBOOK - NO SEPARATE PAYMENT SHALL BE S. RECREATION AVE. (STA 15+20 TO 20+08.49) MADE. SS�QNAL FNG, 2. CONTACT ACHD INSPECTION SERVICES AT 208.387.6284 A p�� �G\STE 2 MINIMUM OF 24 HOURS PRIOR TO REQUESTING INSPECTION. Q� F 0 20 40 3. ABANDONED BUILDINGS, TEST PITS, OR WATERWAYS LOCATED FEET WITHIN CURRENT OR FUTURE RIGHT-OF-WAY SHALL BE 3 RE-EXCAVATED TO NATIVE SOIL AND BACKFILLED WITH cS'J 11-23-21 STRUCTURAL FILL PER ISPWC SPECIFICATIONS. PROVIDE SOILS 9TF CF �QP DATA TO VERIFY NATIVE MATERIAL MEETS THE REQUIREMENTS ��ss ER�C�S� FOR ENGINEERED FILL PER ISPWC SPECIFICATIONS AND 15+20 15+40 15+60 15+80 16+00 16+20 16+40 16+60 16+80 17+00 17+20 17+40 17+60 17+80 18+00 18+20 18+40 18+60 18+80 19+00 19+20 19+40 19+60 19+80 20+00 20+20 PROVIDE A COPY OF THE COMPACTION TEST REPORTS. 2760 2760 4. PROVIDE TYPE-P SURFACE RESTORATION FOR UTILITY WORK � • WITHIN ASPHALT PAVEMENT AREAS. - ' • LI) .00 5. PROVIDE ALL TEMPORARY IRRIGATION DITCHES AND PIPES AS ��. . . REQUIRED TO COMPLETE THE NEW IMPROVEMENTS. ALL CO �I �• .. .. .. . EXISTING DITCHES SHALL HAVE TEMPORARY REROUTING PVI STA: 1 +18.25 PROVISIONS SUCH THAT THE FLOW OF IRRIGATION WATER, AND PVI ELE DRAINAGE OF SURFACE WATER ACROSS THE SITE REMAIN K:21.06 UNINTERRUPTED THROUGHOUT THE DURATION OF c\I co LVC:83.94 CONSTRUCTION. rn v �, HIGH PT.ST : 18+22.18 N o co ;a HIGH PT ELE : 2754.02 co � cc 1- + ti + 1- 2756 W w �; 2756 w 2z PVI ELEV: 2749.59 0 > 0 > N o lo �! m J /\ w K: 74.8 m 0° w "' 0 t3 go LVC: 133.17 << z LL 0 0. mt M O oz. f -.... C oo O o 0 N m 3 o + zG _� N N N U v FINISHED GRADE AT ROADWAYC/L ----- - ------ ----- -1.81� cn N N �_ ___ __ o > m w _� U z o` 0 W .z 2 LIP OF GUTTER .1.82% z ° 2752 APPROXIMATE EXISTIHNG 2752 C Ln GRADE AT ROADWAY C/L + > w z K U lo I APPROXIMATE EXISTING GRADE 27'LT a a _ v- _ J \ a v a o J J J _ Q V J -� IN c0 O ZO 0 0.40- v °c z � � � � ACHD DI-2A ow - APPROXIMATE EXISTING GRADE 42'RT ACHD DI-2B W N Y k U¢ w3 o a � c�3 2748 2748 Z Z N oo RETAIN &PROTECT EXISTING WILLIAMS PIPELINE a W U I♦ m V `n Lo W W � � cb a m z oo co of RETAIN&PROTECT y °w o N N m 2744 EXISTING WILLIAMS PIPELINE 2744 1 o w W o-� Q U U N .. Z 0- 0- 0 ACHD SEEPAGE BED#2 - JOB NUMBER: IDBI9075 DATE: 09/29/21 O SHEET NUMBER: ui J S. RECREATION AVE. - STA 1 +20 TO 20 08.49" W C.RD.3 2740 2740 15+20 16+00 17+00 18+00 19+00 20+00 20+20 3 L - - 00 = = E� �Eo Z LL P: 9 2 3 - ° Z W � =d ' 0 ` :.3/ / Y aZ w = = W a0 ° 3o LL Z DRAIN ROCK SPECIFICATION V ° SEEPAGE BED NOTES: - - - ooN - _ - 1. CONTRACTOR SHALL NOTIFY ENGINEER IMMEDIATELY IF GROUNDWATER IS d � Void Volume of Tpic al Materials _ 8 " z NL �` ENCOUNTERED AT AN ELEVATION HIGHER THAN THE BOTTOM ELEVATION OF THE Material Void Volume % LINED SEEPAGE BED; OR,WITHIN 3-FEET OF THE BOTTOM ELEVATION OF AN UNLINED 2" Max Blasted Rock 30 � J_ � NO ° SEEPAGE BED. 1-'/2" to 2" Uniform Size Gravel 40 c.3' ° 1 aoUN¢ � = N o Keyed Notes O 114" Uniform Size Crushed Chips 40 Z 2. ALL GEOTEXTILE FABRIC SEAMS SHALL OVERLAP 1-FOOT MINIMUM, UNLESS Crushed Glass 30 SEEPAGE BED WIDTH=SEE PLANS OTHERWISE DIRECTED BY THE MANUFACTURER. 1. NON WOVEN FILTER FABRIC ON TOP, ENDS,AND ALL SIDES OF SEEPAGE BED. 3. THE FULL ROADWAY SECTION IS REQUIRED OVER THE SEEPAGE BED IN PAVED Crushed aggregates shall have a minimum 50% crushed or fractured face (at a r _ f Z0 18"DIAMETER DUAL WALL ADS-PERFORATED AREAS. least on one side and meet the following gradation: c .° o o E 1 o w PIPE @ 0.0%(SEE PLAN FOR PIPE SIZE). PIPE w LL a N > w o L E a 3 w N SHALL BE PERFORATED AS SHOWN ON THE PIPE o 4. SEE STORM DRAIN PLANS FOR ADDITIONAL INFORMATION. Crushed Aggregate ' y N a LL PERFORATION SCHEDULE INCLUDED ON THIS 0 CL ° z STRUCTURAL FILL BETWEEN BOTTOM OF ROAD SECTION ° � Sieve Size Percent Passing as E s z o 0 DETAIL SHEET-CAP END. AND TOP OF DRAIN ROCK FOR BEDS WITHIN PAVED AREAS R5 4S° 5. THE BOTTOM ASTM C33 SAND ELEVATION IS THE MINIMUM EXCAVATION DEPTH. ° U L o w COMPACTED TO 95%MAX DRY DENSITY PER ASTM D1557 3 inch 100/o FINISHED GRADE 6. SEE ACHD STORMWATER DESIGN GUIDELINES BMP#20"SEEPAGE BED"FOR 1 inch 25-60% �, - o ADDITIONAL REQUIREMENTS-"OPTIONAL CHAMBERS ARE NOT REQUIRED. 318 inch 0-4% Q a T z <n �318"DIA. fn - Z PERFORATION No. 200 0-2% c a d d � a oU 7. GROUNDWATER WAS DETERMINED WITHIN THE PROJECT GEOTECHNICAL REPORT TO E o TOP of 18"PIPE PERF.EL BE GREATER THAN 20-FEET BELOW THE GROUND SURFACE. REFER TO a m w 6 a 0 m DRAIN ROCK SEE PLAN FOR PIPE SIZE _ GROUNDWATER RECOMMENDATION PREPARED BY STRATA DATED JULY 26TH,2017. �"� // PERFORATED PIPE IE TO / / 8. THE DESIGN VOLUME OF THE FACILITY DOES NOT INCLUDE VOIDS WITHIN THE ASTM TOP OF DRAIN ROCK ///// C33 FILTER SAND LOCATED AT THE BOTTOM OF THE FACILITY. 1 IMPERMEABLE SILTS AND CLAY w /j0 w/ 18"-PERFORATED PIPE IE.- / 9. THE SEEPAGE BED WIDTH SHALL REMAIN CONSTANT ALONG THE LONGITUDINAL GEOTEXTILE SPECIFICATION O O O SEE PLAN FOR PIPE SIZE AND -�0 / / 18"DIA.DUAL > Z c� 1 o IF WALL ADS PIPE LENGTH OF THE SEEPAGE BED. > / ¢ C�C�C�C�C�C�C�C�C PLACEMENT IN BED // Non-Woven Filter Fabric INSTALL 6 288OZ/SYC NON-WOVEN GEOTEXTILE FABRIC (SEE PLAN FOR PIPE SIZE) 10. IF ROCK IS ENCOUNTERED, CONTRACTOR MUST HAVE A PERCOLATION TEST 46�z �o 0 0 0 1 o AASHTO M288 CLASS 2 ON TOP 8�SIDES Property Test Method English / / PERFORMED BY A SOILS ENGINEER AFTER SEEPAGE BED IS FULLY EXCAVATED CONTACT DMNE vUvUvUvUv_j � I 0 0 0 / // %"DIA PERFORATION IN NOTE:AN ACHD INSPECTOR MUST BE PRESENT TO WITNESS THE TEST FOR IT TO BE Tensile Strength Grab ASTM D-4632 120 Ibs BOTTOM of o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 / / VALLEYS OF CORRUGATED PIPE. ( Elongation ASTM D-4632 50% �-HOURS DRAIN ROCK BOTTOM of DRAIN ROCK1 5 EA. CONSIDERED VALID). IF THE PERCOLATION IS LESS THAN THAT SPECIFIED BY THE g BEFORE DIMNC TOP OF ASTM C33 SAND o SOILS REPORT AND ENGINEER,CONTRACTOR MAY NEED TO BLAST OR BORE TO Puncture ASTM D-4833 65 Ibs ASTM C33 FILTER SAND DO Trapezoidal Tear Strength ASTM D-4533 50 Ibs - - 2- CREATE CONDUIT FOR DRAINAGE TO OCCUR, OR RE-DESIGN THE SYSTEM TO o BOTTOM of ASTM C33 SAND 18" PERF. PIPE ACHIEVE THE REQUIRED INFILTRATION. ACHD APPROVAL IS REQUIRED FOR ANY UV Resistance ASTM D-4355 70% DESIGN INFILTRATION RATE=1"PER HOUR o0 oQ o MODIFICATIONS TO THE STAMPED,APPROVED DESIGN PLANS. Apparent Opening Size PERFORATION ASTM D-4751 70 US Std. Sieve (ALL SEEPAGE BEDS) O DO D AOS f 1 ( 1 r 11. FOR UNDERGROUND INFILTRATION SYSTEMS INSTALL ELECTRONIC MARKERS ON 6j,�A�U,_ EXISTING POORLY GRADED GRAVEL WITH SAND SCHEDULE � Permittivit ASTM D-4491 1.50 sec-1 GROUND WATER EL=GREATER THAN 20.00 FEET BGS) o 0o Do EACH CORNER OF THE FACILITY. THE CONTRACTOR SHALL COORDINATE WITH THE Water Flow Rate ASTM D-4491 120 pm/ft2 N ��o� ACHD INSPECTION DEPARTMENT FOR PLACEMENT OF THE MARKERS DURING Lu Do 00 0o Do 00 00 00 00 00 o CONSTRUCTION,AND PRIOR TO BACKFILLING. Woven Fabric Q Q 12. CONTRACTOR SHALL DIG A TEST PIT AT EACH SEEPAGE BED LOCATION AND Property Test Method English 0 a o CONFIRM THE SOIL PERCOLATION RATE AT THE DESIGN SEEPAGE BED BOTTOM OF Tensile Strength (Grab) ASTM D-4632 Min 250 Ibs PERCOLATION TEST REQUIRED AT EACH ACHD ASTM C33 FILTER SAND ELEVATION PRIOR TO EXCAVATION OF THE COMPLETE Puncture Strength or CBR ASTM D-4833 or Min 125 Ibs or Min 950 W Q Q SEEPAGE BED. CONTRACTOR SHALL NOTIFY ENGINEER IMMEDIATELY IN EVENT Puncture ASTM D-6241 Ibs 0- p SEEPAGE BED LOCATION: THAT THE FIELD PERCOLATION RATE DOES NOT MEET OR EXCEED THE DESIGN UV Resistance ASTM D-4355 Min 80% LL- EE PERCOLATION RATE, OR IF BEDROCK IS ENCOUNTERED ABOVE THE DESIGN Apparent Opening Size LU O w w SEEPAGE BED ELEVATION. UPON RECEIVING NOTICE FROM CONTRACTOR, (AOS) ASTM D-4751 70 US Std. Sieve > 1. THE DESIGN PERCOLATION RATE FOR THE SEEPAGE BED INFILTRATION FACILITIES IS �_ O ENGINEER WILL RESIZE THE SEEPAGE BED TO ACCOMMODATE FIELD CONDITIONS- Water Flow Rate ASTM D-4491 Min 18 gpmlft U 1 INCHIHR. UNDER DIRECTION OF THE OWNER'S GEOTECHNICAL REPRESENTATIVE, NO SEPARATE PAYMENT SHALL BE MADE TO CONTRACTOR FOR THE CHANGE AS C) CONTRACTOR SHALL CONDUCT A PERCOLATION TEST TO BE WITNESSED BY THE Percent Open Area CW-02215 Min 4% C/) LONG AS THE RESIZED SEEPAGE BED DRAIN ROCK VOLUME EQUALS THE RESIZED w 0 OWNER'S GEOTECHNICAL REPRESENTATIVE&ACHD. CONTRACTOR SHALL PROVIDE VOLUME. ~ ALL WATER,AND OTHER MATERIALS REQUIRED TO PERFORM THE TEST. THE PERCOLATION TEST SHALL BE PERFORMED BY THE SOILS ENGINEER AFTER THE w Uj SEEPAGE BED IS EXCAVATED TO VERIFY THE DESIGN INFILTRATION RATE. (NOTE:AN � ° ACHD INSPECTOR MUST BE PRESENT TO WITNESS THE TEST FOR IT TO BE 10 1a CONSIDERED VALID). IF THE PERCOLATION IS LESS THAN THAT SPECIFIED BY THE SOILS REPORT AND ENGINEER,CONTRACTOR SHALL CONTACT ENGINEER TO SS\0AL FNG RE-DESIGN THE SYSTEM TO ACHIEVE THE REQUIRED INFILTRATION. ACHD O�� <cG\STE APPROVAL IS REQUIRED FOR ANY MODIFICATIONS TO THE STAMPED,APPROVED DESIGN PLANS. 3 11-23-21 s /( OF ER ACHD SEEPAGE BEDS WITHIN S. RECREATION AVE. HALF ASTM C33 BOTTOM OF • . . . • SAND AND TANK LOWEST LOWEST LOWEST FG TOP OF TANK RIM EL PERFORATED HALF BOTTOM OF DRAIN ROCK TOP OF PERF PIPE FILTER TOP OF BOTTOM OF EXISTING SEASONAL TOP OF PERF PIPE DEPTH LOWEST FG UPSTREAM •• •• •• . . SEEPAGE UPSTREAM MINUS IE TO TOP ASTM C33 ASTM C33 HIGH PERF PIPE FROM COVER • z • GREASE SIZE TANK RIM EL. OVER LOWER PIPE PERFORATED DRAIN ROCK THICKNESS DRAIN SAND GROUND TO BOTTOM TO TOP OF STRUCTURE , CC) CC) •• BED # STRUCTURE LOWER OF DRAIN FILTER FILTER GROUND TO TOP OF ROCK TO CHECK . co 00 � • TRAP # (GAL) RIM EL. EL. BED. BAFFLE EL BAFFLE EL DIAMETER PIPE IE. EL. (FT) ROCK EL. ROCK (FT) THICKNESS SAND EL SAND EL EL WATER EL. ROCK (FT) OF ROCK GW ROCK SURCHARGE co 0 (IN) (FT) (FT) Cn Cn co • SG ACHD-1 1 1000 2747.42 2747.90 2747.88 2742.64 5.26 18.00 2741.64 2733.40 12.00 2745.40 3.76 1 .50 2733.40 2731 .90 2747.00 2727.00 2.26 8.24 6.40 2.48 OK OK SG ACHD-2 2 1000 2750.62 2750.66 2750.71 2745.77 4.89 18.00 2744.77 2736.16 12.00 2748.16 3.39 1 .50 2736.16 2734.66 2750.00 2730.00 1 .89 8.61 6.16 2.55 OK OK W n Q =�0 OU SEEPAGE BED CROSS SECTION - (TYPE 1 - ACHD) a a ¢a �_D .5 0. U 00 g~ Z W m ZZ O_ Z U� Oa O J d Z Z W� O L0 O U > �Z Of Z U 10 OY �U K Q 10 6 O Z u) J� OW Y k U tt �3 I� 0 x Ir c 3 }Y 0 03 Z U Z W J � U > 00 CO W Z } Z W � W Q 0] U K O o o m W Q U vX Z W a max ¢ O W W a W Q a a o JOB NUMBER: LO IDBI9075 'w DATE: 09/29/21 V/ SHEET NUMBER: W I- C.DT.5 To Issue LEGEND Description Date SYM COMMON/BOTANIC NAME SIZE CZC 6-23-21 BID SET 9-29-21 DECIDUOUS TREES ACHD COMMENTS 11-23-21 EAST LAKE HAZEL RD. ' + I EXISTING TREE - RETAIN AND PROTECT NGTAPART AREA A AREA 6.-_ I r AREA C I - -------------------------- - ------ � I - -- -ff ------------------------------_---_--_--_---_---- - G RE E N S P I RE L ITTLE LEAF LINDEN 2" CAL B&B t��►�ti����l���r / AIIAS TILIA CORDATA'GREENSPIRE'SEI STING11AS REDMOND LINDEN 2 CAL B&BTILIA AMERICANA X EUCHLORA REDMOND A-222 SKYLINE HONEYLOCUST 2" CAL B&B woo i GLEDITSIA TRIACANTHOS 'SKYCOLE' �It �l � �I III + CRIMSON SUNSET MAPLE 2" CAL B&B ACER TRUNCATUM X ACER PLATANOIDES 'JFS-KW202' \ '\ � — \�— — — — — — — — — — —G — — — — — — — — — - 1 — — — — — — — — — — - .AL \ -------------- \" I ■■ / --- -- oO. I \\. I NOTAPRT MAGYAR GINKGOTT 2" CAL B&B ■■■■■t GINKGO BILOBA MAGYAR x 77 o \ \ •\ \° \ `EXISTING PHASE / - \ \ \'\ ® --- ~\�'�� �• I EMERALD CITY TULIP TREE 2" CAL B&B JENSENBELTS LIRODENDRON TULIPIFERA'JFS-OZ' ZEXI1111G /PHASEt L \ Site Planning5SOCIATES 1 I EXISTING PHASE ` Landscape Architecture 1 I �y I Urban Design \ ` 7 ! PACIFIC SUNSET MAPLE 2" CAL B&B �I ACER TRUNCATUM X PLATANOIDES 'WARRENRED' AREA D �`y -- ; F _ AREA E j AREA F- I g i- � Site Planning \ _ it EMERALD SUNSHINE ELM 2" CAL B&B Landscape Architecture ULMUS PROPINQUA'JFS-BIEBERICH' \\ \'\•\ `\::;:. I ° �`' I \ i� 1509 S Tyrell Ln., Ste 130 Boise Idaho 83706 ❑ I �' Ph. (208) 343-7175 \ I WORPLESDON SWEETGUM 2" CAL B&B e—mail jbaC�jensenbelts.com `•\ \` '\;\ \\ —� I I LIQUIDAMBAR STYRACIFLUA'WORPLESON' l\. �- - - " \'\ o 0 0 ® ;I 2 CAL B&B FOREST PANSY EASTERN REDBUD - - - - - - - 1 - - - - - - - - - - - - - - I-I i— CERSIS CANADENSIS 'FOREST PANSY' 999 999 y ��Q , 3 II ~ �I SWEET SATIVA CHESTNUT 2" CAL B&B - CASTANEA SATIVA \ I J I I .-T .w /E.IGTINGPHASE, KENTUCKY COFFEETREE 2" CAL B&B III `\•\ �\ _ �� I� I CYMNOCLADUS DIOICUS _ Ill-ll � •v v°v .� � �I / � IIII�II;II�II,AREA G AREA H\ \ \ ��` AREA 11/ 7 j ; ll III_I III—III—III—III— i j I SWAMP WHITE OAK 2" CAL B&B ='ll—ll—ll—ll—ll I ` vv I I ! 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LAVANDULA ANGUSTIFOLIA'HIDCOTE BLUE LAVENDER' HILLSIDE CREEPER SCOTCH PINE 1 GAL I I ! PINUS SYLVESTRIS 'HILLSIDE CREEPER' GRO-LOW FRAGRANT SUMAC 1 GAL Drawn Checked RHUS AROMATICA'GRO-LOW' JBA B WT LAWN SEEDING Sccle AS SHOWN -- " ------------------------ ---------------------- ---+-----------------------J I ! Sheet Title I I j WOOD MULCH i FUTURE PHASE OVERALL I PLANTING PLAN CZC NOTES 1. NEW COLLECTOR ROAD STREET TREES: 1.1. 1275 L.F. OF FRONTAGE FROM NORTH PROPERTY LINE TO SOUTHERN STREET IMPROVEMENT AREA. 1.1.1. 36 TREES REQUIRED Sheet Number 1.1.2. 26 TREES PROVIDED AT 35' SPACING. TREES ARE NOT ALLOWED IN DRAINAGE FACILITIES AND NORTH WILLIAMS PIPELINE EASEMENT. 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SEE SHEET L2.0 FOR FULL PLANT SCHEDULE Sheet Number NORTH I 0' 20' 40' 60' c L2ml SCALE I" = 20' (@ 24"x36" Plotted Size) Of Sheets \ 2 MATCHLINE SEE SHEET L2.4 11�vv V, 114/_vv 114/_vv ILEVV ,���� ���� II�vv IIZZvv 1147W VV II1Zvv LEGEND Issue Description Date SYM DESCRIPTION _ o _ CZC 6-23-21 DECIDUOUS TREES BID SET 9-29-21 EAST LAKE HAZEL RD. - RFI 028 8-8-22 —BP � G —� � � � + \I EXISTING TREE - RETAIN AND PROTECT CLEAR SITE CLEAR SITE � gyp_ i� � TRIANGLE TRIANGLE \ V. \ / + — GREENSPIRE LITTLELEAF LINDEN � ����►11111�111�1 SD SD 18 1 I, "SD 8" 1 D "SD S" 18" G OF REDMOND LINDEN \ / + { i + + + + + + + + r � • SKYLINE HONEYLOCUST . 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COREOPSIS In N 2 Cn KARL FORESTER FEATHER REED GRASS HIDCOTE BLUE LAVENDER � I � I i i HILLSIDE CREEPER SCOTCH PINE Job Number 1999 I GRO-LOW FRAGRANT SUMAC c � Drawn Checked \� I LAWN SEEDING JBA BWT Scale AS SHOWN I WOOD MULCH Sheet Title NOTE PLANTING PLAN c\ �\ SEE SHEET L2.0 FOR FULL PLANT SCHEDULE AREA c c\ � • c Sheet Number \� \ c\ \�\ • — I � c c � • � NORTH 0' 20' 40' 60' • - L2m9 �\ c c �� • I SCALE I" = 20' (@ 24"x36" Plotted Size) Of Sheets \ MATCHLINE SEE SHEET L2.12 MATCHLINE SEE SHEET L2.9 ` LEGEND Issue SYM DESCRIPTION Description Date CZC 6-23-21 \� \c c \` • • + __ DECIDUOUS TREES BID SET 9-29-21 ACHD COMMENTS 11-23-21 �� c c\ �\ • • • El—A + I EXISTING TREE - RETAIN AND PROTECT I \ \ I I I c \ / c `� • a' + — GREENSPIRE LITTLELEAF LINDEN REDMOND LINDEN � 7{ `� \c c `� / o o • SKYLINE HONEYLOCUST i� LA-222 \ \ � � I t11111i{111t CRIMSON SUNSET MAPLE r \ + c 7� ° I MAGYAR GINKGO ■■■ .■■I c\ \ I 7� J■■■■■t ` d •• EMERALD CITY TULIP TREE 2w JENSENBELTS \�� \c \c \ I + n'nASSOCIATES Site Plan g PACIFIC SUNSET MAPLE Landscape Architecture ` c Urban Design + `9" \�� \ \� I ° EMERALD SUNSHINE ELM Site Planning Landscape Architecture \/ DD 1509 S Tyrell Ln., Ste 130 � + WORPLESDON SWEETGUM Boise, Idaho 83706 Ph. (208) 343-7175 e—mail jba@jensenbelts.com � c � CV °o �� \ `� FOREST PANSY EASTERN REDBUD \ c 1I SWEET SATIVA CHESTNUT c LU U) c\ ` ° W ° ��; - `�� c SQ c ��� I Z KENTUCKY COFFEETREE J ° STREET LIGHT TYP \ SWAMP WHITE OAK Z O ° c SOIXLAND POPLAR ° BLOODGOOD SYCAMORE U ' W 0 + + O RED OAK \ c \ Z aQ`Z ` � EVERGREEN TREES W v N � c \ _ VANDERWOLF PINE i ti CLEAR SITE l • � + TRIANGLE TYP \c c `�\\ Q BLACK HILLS SPRUCE W �e oo OlS � o \` I c c SCOTCH PINE Z + + fl fl fl fl c c SHRUBS/GRASSES/PERENNIALS r W + I Cq - - - - �, I I c I c rw d d d `? d \ COREOPSIS Q N 2 � c c\ \ • ___ ` C� KARL FORESTER FEATHER REED GRASS SHIDCOTE BLUE LAVENDER w I I \ HILLSIDE CREEPER SCOTCH PINE Job Number 1 999 1 _ c 8W 8W— ` \c I — � GRO-LOW FRAGRANT SUMAC + I\� Drawn Checked \` LAWN SEEDING JBA BWT Scale AS SHOWN WOOD MULCH I I Sheet Title NOTE PLANTING PLAN SEE SHEET L2.0 FOR FULL PLANT SCHEDULE AREA L I \ •• I I _I Sheet Number NORTH / I I 0' 20' 40' 60' L2m12 1 / SCALE 1" = 20' (@ 24"x36" Plotted Size) � Of Sheets MATCHLINE SEE SHEET L2.15 T E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of Janitorial Services Agreement with KBS, LLC for Janitorial Services FY2023—FY2027 for the Not-To-Exceed Amount of$464,307.93 C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts, Procurement Manager Meeting Date: 9/6/2022 Presenter: N/A Estimated Time: 0.00 Topic: Approval of Janitorial Services Agreement with KBS, LLC for Janitorial Services FY2023 - FY2027 for the Not-To-Exceed Amount of$464,307.93 Recommended Council Action: Award of Contract to Kurita America, Inc. for the Not-to-Exceed amount of$464.307.93 per year and authorize Procurement Manager to sign the Agreement and resulting Purchase Order. Background: This agreement is the result of Formal RFP #CW-2242-10150.c issued 6/17/22. Two vendors responded to the RFP. SERVICES CONTRACT AGREEMENT JANITORIAL SERVICES FY2023-2027 PROJECT NUMBER 10150.A THIS AGREEMENT FOR JANITORIAL SERVICES shall become effective October 1 , 2022, between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Kellermeyer Bergensons Services, LLC hereinafter referred to as "SERVICES PROVIDER", whose business address is 3605 Ocean Ranch Blvd. Ste 200, Oceanside, CA 92056. INTRODUCTION Whereas, the City has a need for services involving JANITORIAL SERVICES FY2023-2027; and WHEREAS, the Services Provider is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Services: 1 .1 SERVICES PROVIDER shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified in the Request for Proposal documents CW-2241-1 01 50.0 and also the document titled "Scope of Services" a copy of which is attached hereto as Exhibit "A" and Exhibit "B" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1 .2 All documents, drawings and written work product prepared or produced by the Services Provider under this Agreement, including without limitation electronic data files, are the property of the Services Provider; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Services Provider may copyright the same, except that, as to any work which is copyrighted by the Services Provider, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1 .3 The Services Provider shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Services Provider represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Services Provider and any reports or opinions prepared or issued as part of the work performed by the Services Provider under this Agreement, Services Provider makes no other warranties, either express or implied, as part of this Agreement. 1 .4 Services and work provide by the Services Provider at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Services Provider shall be compensated on a Not to Exceed basis as provided in Exhibit C "Payment Schedule" attached hereto and by reference made a part hereof for the Not-to-Exceed yearly amount of $464,307.93. 2.2 The Services Provider shall provide the City with a monthly statement, as services warrant, of fees and costs to be earned and incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Services Provider under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Services Provider. 2.3 Service Provider will provide an itemized monthly statement listing each facility separately and referencing the assigned purchase order number. Itemization will include, but not limited to: A. Facility B. Service Provided C. Service Date(s) D. Service Rate (if applicable) E. Total Amount 2.4 Except as expressly provided in this Agreement, Services Provider shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Services Provider shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. Contractor may request one increase per annual contract term. If agreeable to both parties, the increase MUST be documented in the form of a contract amendment executed by both parties. City may request documentation to substantiate the increase. 3. Funding: Funding shall be appropriated on a yearly basis. Contractor may NOT expend more than the amount specified and approved for a specific fiscal year. Agreement is contingent upon budget approval for each fiscal year. 4. Term: 4.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2027 or(c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 4.2 Should Service Provider default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Supplier. 4.3 Should City fail to pay Service Provider all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Supplier, at the Supplier's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, SERVICES PROVIDER shall be acting as an independent contractor, and neither SERVICES PROVIDER nor any officer, employee or agent of SERVICES PROVIDER will be deemed an employee of CITY. Except as expressly provided in Exhibit A and Exhibit B, Services Provider has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Services Provider shall determine the method, details and means of performing the work and services to be provided by Services Provider under this Agreement. Services Provider shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Services Provider in fulfillment of this Agreement. 6. Indemnification and Insurance: SERVICES PROVIDER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the negligent acts and/or errors or omissions by the SERVICES PROVIDER, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. SERVICES PROVIDER shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in the minimum amounts as follow, General Liability One Million Dollars ($1 ,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1 ,000,000) per incident or occurrence and Workers' Compensation Insurance , in the statutory limits as required by law. The CITY shall be named an additional insured on both General Liability and Automotive policies. 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, SERVICES PROVIDER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Services Provider or Services Provider's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. SERVICES PROVIDER shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing SERVICES PROVIDER'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Services Provider begins performance of its obligations under this Agreement. In the event the insurance minimums are changed, SERVICES PROVIDER shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. A Fidelity Bond shall be acquired, also known as an Employee Dishonesty Bond with the minimum amount of $50,000. This bond is to protect the city and its employee's personal property, money, and securities within the City's facilities against loss or damage caused by Service Providers employees or agents' dishonesty, theft, or actions leading to a loss. 7. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian Kellermeyer Bergensons Services, LLC Procurement Manager Attn: Casey G. Killian 33 E Broadway Ave 3605 Ocean Ranch Blvd. Ste. 200 Meridian, ID 83642 Oceanside, CA 92056 208-888-4433 Phone: (801) 641-4225 Email: kwatts@meridiancity.orq Email: casey-killian@kbs-services.com Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 8. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Assignment: It is expressly agreed and understood by the parties hereto, that SERVICES PROVIDER shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 11. Discrimination Prohibited: In performing the Services required herein, SERVICES PROVIDER shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: 12.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 12.2 Services Provider shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, and printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 13. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of SERVICES PROVIDER'S records with respect to all matters covered by this Agreement. SERVICES PROVIDER shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 14. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 15. Compliance with Laws: In performing the scope of services required hereunder, SERVICES PROVIDER shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 16. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of SERVICES PROVIDER'S compensation, which are mutually agreed upon by and between the CITY and SERVICES PROVIDER, shall be incorporated in written amendments to this Agreement. 17. Termination: If, through any cause, SERVICES PROVIDER, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement, in part or in its entirety, by giving written notice to SERVICES PROVIDER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. SERVICES PROVIDER may terminate this agreement at any time by giving at least sixty (60) days' notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by SERVICES PROVIDER under this Agreement shall, at the option of the CITY, become its property, and SERVICES PROVIDER shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, SERVICES PROVIDER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by SERVICES PROVIDER, and the CITY may withhold any payments to SERVICES PROVIDER for the purposes of set-off until such time as the exact amount of damages due the CITY from SERVICES PROVIDER is determined. This provision shall survive the termination of this agreement and shall not relieve SERVICES PROVIDER of its liability to the CITY for damages. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 20. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 21. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. 22. Confidentiality: Services Provider understands and acknowledges that all tests and results (confidential information) are intended solely for the City. Services Provider agrees to hold all confidential information in confidence and will not disclose the confidential information to any person or entity without the express prior written consent of City. 23. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN KELLERMEYER BERGENSONS SERVICES, LLC BY: BY:���dQc�_ A-d&� KEITH WATTS, Procurement Manager Dated: Dated:08-17-22 EXHIBIT A SCOPE OF SERVICES 1. General This Contract establishes the standard for janitorial services at various City facilities. The Service Provider shall provide all management, supervision, labor, materials, supplies, transportation of owner supplied supplies to each facility, and equipment (except as otherwise provided), and will plan, schedule, coordinate and assure effective performance of all services described herein. The Service Provider will be required to provide janitorial and related services in accordance with the specifications of this solicitation. All services shall be performed in the highest professional manner, and in accordance with all applicable, current industry standards, regulations, codes and statutes. Unless the means or methods of performing a task are specified elsewhere in this contract, Service Provider shall employ methods that are generally accepted and used by the industry. Contract oversight is by the Building Maintenance Technician or their designated representative. 2. Silence of Specifications The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement. 3. Service Locations The work shall be performed at the City locations identified in this section. The City reserves the right to add or delete locations. SQUARE SCHEDULE OF SERVICES FOOTAGE (Est area of LOCATION ADDRESS service) City Hall 33 E Broadway 100,000 After 5:00pm Police Station 1401 E. Watertower 32,950 Records Area on the 1 sc Floor and all Administration Office Areas on 2nd Floor to be Services Building Between 8:00am and 5:00pm All Other Areas Services After 5:OOpm Police Station 1401 E. Watertower 540 After 5:OOpm K-9 Building Police Station 1223 E. Watertower 12,700 After 8:OOpm Public Safety Training Center (PSTC) Police Station 1185 E Watertower 11,700 After 6:OOpm Scenario Village Water 2235 NW 8th St. 8,000 After 5:OOpm Administration Wastewater 3401 N. Ten Mile 12,200 After 5:OOpm Resource Recovery Facility Administration Building Wastewater 3401 N. Ten Mile 3,600 After 5:OOpm Resource Recovery Facility Controls Building Wastewater 3401 N. Ten Mile 2,500 After 5:OOpm Resource Recovery Facility Lab Building (only area specified) Parks and 1700 E. Lanark 2,500 After 5:OOpm Recreation Maintenance Building Parks and 48,960 After 10:00pm Mon-Fri Recreation After 8:OOpm Sat-Sun Homecourt Community 213 E Idaho 4,200 Normally after 6:OOpm (unless public Center classes are occurring —then afterwards) Fire Station 1 540 E. Franklin 6,172 8:OOam-5:OOpm Fire Station 2 2401 N. Ten Mile 3,570 8:OOam-5:OOpm Fire Station 3 3545 N. Locust Grove 2,769 8:OOam-5:OOpm Fire Station 4 2515 S. Eagle 3,834 8:00am-5:00pm Fire Station 5 6001 N Linder 3,816 8:00am-5:00pm Fire Station 6 1435 W Overland 6,000 8:00am-5:00pm Fire Safety 1901 E. Leighfield 920 8:00am-5:00pm M-F Center Meridian Pool 213 E Franklin 8,505 After 8:00pm 'Measurements are approximations only. It is up to the Service Provider to field-verify dimensions to satisfy their needs. 4. Schedule of Services Work is to be performed outside of the City's regularly scheduled business hours except where otherwise specified. All tasks are to be completed on their designated service days. Service schedule cannot be altered without prior approval from the City's Building Maintenance Technician. All regular janitorial personnel must work the same continuous shift. 5. Observed Holidays City observed holidays are listed below. City facilities are closed on these days and services are not required except where otherwise specified. Scheduled services that fall on a holiday are to be performed the next business day. Observed holidays are: • New Year's Day • Martin Luther King/Human Rights Day • President's Day • Memorial Day • Juneteenth Day • Independence Day • Labor Day • Veterans Day • Thanksgiving Day • Christmas Day The following is a list of Holiday services to be performed at facilities: • Homecourt: New Year's Day, Martin Luther King/Human Rights Day, President's Day, Veterans Day • Community Center: Martin Luther King/Human Rights Day, Veterans Day • Meridian Pool: Juneteenth Day 6. Minimum Qualifications of Service Provider Service Provider must meet the minimum qualifications set forth to be considered eligible to provide the proposed service. Service Provider must: A. Be a company that has been in business and performing services specified herein for a minimum of five (5) consecutive years. B. Possess and keep in force all licenses, certifications, bonds and permits required to furnish and perform the services specified herein. C. Possess the ability to commit sufficient staffing, equipment and materials to perform the work required (with the exception of restorative carpet cleaning services). 7. Qualifications of Service Provider's Personnel A. All matters and costs pertaining to the recruitment, screening, City required background screening, hiring and retention of personnel shall be the exclusive responsibility of the Service Provider. These matters shall be done fully in compliance with existing statutes and regulations pertaining to affirmative action, non-discrimination, wage and hour and any other stipulations germane to prudent personnel management. B. All personnel used by the Service Provider shall be subject to review and approval by the City. The City reserves the right to demand the removal of any employee who is deemed unacceptable for any reason. C. All work by contract personnel shall be performed in a professional, courteous manner. Discourtesy, rudeness, or the use of profanity will not be tolerated, and shall be grounds for immediate removal of the offending employee from performing work under any contract awarded as a result of this specification. 8. Staffing Levels: Service provider shall maintain an adequate number of employees to satisfactorily perform scheduled tasks. Service Provider will provide an adequate number of trained cleaning personnel each day to ensure that all cleaning services herein specified are accomplished. It is the Service Provider's responsibility to determine and furnish the total staff-hours required to meet the requirements of the service level agreement. The Service Provider shall provide onsite supervision at City Hall. Supervisor will be responsible for staff at all locations. Service Provider will ensure that all employees working within City facilities can read and understand warning signs that are written in English. The Service Provider shall provide onsite supervision to assure competent performance of the work during the scheduled hours. The Service Provider or authorized agent will make daily routine inspections prior to leaving for the day to ensure that the work is performed as required by this Contract. The Service Provider's job manager and supervisors must be literate and fluent in the English language, because of the necessity to read chemical labels, job instructions and signs, as well as the need for conversing with management personnel. The Service Provider's on site supervisor must also be literate and fluent in the primary language of the Janitorial staff. All supervisors shall have an intimate knowledge of the various cleaning tasks, equipment and materials so as to be able to maintain and control an effective inspection and follow-up program. The supervisor shall be authorized to represent and act for the Service Provider. The Service Provider shall provide and equip each shift supervisor with a communication device such as a cell phone or similar independent communication device. 9. Staff Training: Service Provider shall comply with the OSHA Standard as it pertains to the training, safety and equipment needed for all employees engaged in Janitorial service. Service Provider shall be responsible for compliance on date of Contract acceptance. Proposer shall furnish information about the training programs for managers, supervisors and workers covering the following categories: Include training for 1) general cleaning, 2) floor work, 3) carpet cleaning and 4) OSHA standards. Describe in detail your firm's training procedures for complying with above regulations. 10. Cleaning Standards: The following cleaning standards shall be used on a daily basis and during the quality assurance inspection process to assess the quality of cleaning. A. Building and Elevator Mats, Carpets, Floors, Cove Bases, Corners, Thresholds, and Stairwell Landings and Steps 1 . Shall be free of dust, cobwebs, spots, stains, gum, dirt and debris without causing damage. 2. Shall appear visibly and uniformly clean. Adjoining walls, doors and floor surfaces shall also be free of dust, soil and cleaner residue. 3. Hard/resilient floors shall have multiple coats of a slip-resistant seal and finish applied that result in a consistent high-shine, unless otherwise directed by CITY. B. Building and Elevator Walls, Ceilings, Wainscot and Ledges 1 . Shall be free of dust, cobwebs, soil, spots and stains without causing damage. 2. Elevator walls and ceiling shall be polished to a high-shine and shall appear streak-free, film-free and uniformly clean. 3. Elevator buttons and surround, inside and outside of the car, shall be disinfected. C. Building and Elevator Doors 1 . Doors shall be free of dust, cobwebs, soil, spots and stains without causing damage. 2. Elevator doors shall be polished to a high-shine and shall appear streak- free, film-free and uniformly clean. 3. Handles, push plates, crash bar apparatus, and kick plates on doors shall be polished to a high-shine and shall appear streak-free, film free and uniformly clean. 4. Handles, push plates and crash bar apparatus shall be disinfected. D. Glass and Metal Surfaces 1 . Shall appear streak-free, film-free and uniformly clean. This includes the elimination of dust and soil from sills, ledges and heat registers. E. Water Fountains 1 . Shall be free of dust, cobwebs, soil, scale and water spots without causing damage. Bright work shall be disinfected and polished to a streak-free shine. Pushbars shall be cleaned and disinfected. Water fountains shall appear visibly and uniformly clean. This includes the elimination of film and cleaner residue. F. Stairwell Handrails, Related Surfaces, Exposed Mechanical and Structural Elements, Window Sills and Ledges 1 . Shall be free of dust, cobwebs, dried-soil and soil without causing damage. These surfaces shall appear visibly and uniformly clean. This included the elimination of film, streaks, lint, standing water, cleaner residue or film. G. Restrooms Special Note: Maintaining a sanitary restroom environment that minimizes the possibility of cross-infection is considered of the highest priority by CITY. Sanitation levels shall be closely monitored by inspection, and approved testing methods. 1 . Dispensers and hardware shall be free of dust, dried-soil, bacteria and soil without causing damage. Bright work shall be uniformly cleaned, disinfected and shall appear visibly and uniformly clean. This includes the elimination of film, streaks and cleaner residue. Dispensers shall be refilled when required with proper expendable supply item. No cleaning agents are to come in contact with fixture sensors. 2. Sinks shall be free of dust, bacteria, soil, cleaner residue and soap film without causing damage. They shall appear visibly and uniformly clean, and polished-dry. This includes the elimination of streaks, embedded soil, film and water spots. 3. Counters shall be free of dust, cobwebs, bacteria, and soil without causing damage. Surfaces shall be uniformly cleaned, disinfected and shall appear visibly and uniformly clean. 4. Mirrors shall be free of dust and soil. Mirrors and surrounding metal framework shall appear streak-free, film-free and uniformly clean. 5. Toilets, toilet seats and urinals shall be free of dust, cobwebs, bacteria, soil, organic matter, cleaner residue and scale without causing damage. These fixtures shall appear visibly and uniformly clean, disinfected and polished- dry. This includes the elimination of streaks, film and water spots. 6. Partitions and ledges shall be free of dust, cobwebs, soil and graffiti without causing damage. Partitions shall appear visibly and uniformly clean, disinfected and polished-dry. This includes the elimination of streaks and film. 7. Waste containers shall have contents removed and can liners replaced. Inside and outside of the container shall be cleaned and disinfected. Containers shall appear visibly and uniformly clean. This includes the elimination of streaks, foodstuff and the presence of an offensive odor emitting from the container. H. Air Vents 1 . Shall be free of dust, cobwebs, and soil. This also pertains to air distribution units and exhaust vents. They shall appear visibly and uniformly clean. I. Light Fixtures 1 . Light fixtures shall be free of dust, cobwebs, and soil without causing damage. Diffusers shall remain in proper position and appear streak-free and uniformly clean. J. Counters and Office Equipment 1 . Shall be free of dust, cobwebs, dried-soil and soil without causing damage. They shall appear visibly and uniformly clean. K. Waste and Recycling Containers 1 . Waste container contents shall be removed from waste containers and can liners replaced, as required. Inside and outside of the container shall be cleaned and disinfected monthly, at a minimum. Containers shall appear visibly and uniformly clean. This includes the elimination of streaks, foodstuff and the presence of an offensive odor emitting from the container. 2. Recycling containers shall be cleaned and disinfected monthly, at a minimum. Containers shall appear visibly and uniformly clean. This includes the elimination of streaks, foodstuff and the presence of any offensive odor emitting from the container. L. Furniture and Furnishings 1 . Common area, conference room, copier area furniture and equipment shall be free of dust, cobwebs, dried-soil and soil without causing damage. They shall appear visibly and uniformly clean. This includes the elimination of cleaner residue, streaks and film. Individual office desks and work surfaces will be cleaned by CITY of Meridian employee. 2. Tables and chairs shall be free of dust and soil. These surfaces shall appear visibly and uniformly clean. Tables are to be wiped with cleaner daily to remove all finger prints. 3. Lamps shall be free of dust, cobwebs, dried-soil and soil without causing damage. Lamps shall appear visibly and uniformly clean. This includes the elimination of streaks, cleaner residue and film. 4. Partitions and ledges shall be free of dust, cobwebs, soil and graffiti without causing damage. Partitions shall appear visibly and uniformly clean. This includes the elimination of streaks, film and cleaner residue. 5. Cabinets, refrigerator and microwave exterior tops, sides and front shall be cleaned and free of dust, soil, cleaner residue and soap film. Sinks and fixtures shall be clean and sanitized. M. Miscellaneous Carpet Cleaning/Deep Machine Extraction 1 . The professional cleaner shall use truck mounted, heavy duty hot-water extraction method for cleaning of carpets (and upholstered chairs). All cleaning methods and workmanship must be in strict accordance with carpet and furniture manufacturer's requirements. 2. Carpets that are cleaned must be dry within seven (7) hours after completion of work. The Service Provider shall supply and set up fans of adequate size and in sufficient number to ensure carpets will be dry within said time frame. 3. All Service Provider employees providing services must have a minimum of five (5) years of verifiable commercial carpet cleaning experience. 4. The cleaning will take place during the weekend, or in the evening after hours if approved by City 5. The cleaning operations frequency and locations are noted in the Task Frequency Sheets of Exhibit B. N. Janitor Closets and Storeroom 1 . Shelves - Shall be free of dust, cobwebs, dried-soil and soil. They shall appear visibly and uniformly clean. Supplies and equipment shall be stored in an organized fashion, in their appropriate locations by neatly utilizing shelving space. 2. Storeroom shall appear visibly and uniformly clean. Delivered supplies shall be unpacked and stored, in an organized fashion, in their appropriate locations by neatly utilizing shelving and storage space. 3. Janitor carts shall be free of dust, cobwebs, dried-soil and soil. They shall appear visibly and uniformly clean. Supplies and equipment stored on janitor carts shall also be free of dust and soil, and organized, neatly. Carts shall be cleaned and disinfected monthly, at a minimum. 4. Walls shall be free of dust, cobwebs, dried-soil and soil without causing damage. They shall appear visibly and uniformly clean. This includes the elimination of film, streaks and cleaner residue. 5. Utility sinks shall be free of dust, cobwebs, soil, cleaner residue and soap film. Utility sinks shall appear visibly and uniformly clean. This includes the elimination of streaks, embedded soil, film and water spots. 6. Bright work shall be cleaned, de-scaled and polished. 7. Floors shall be free of dust, dried-soil, gum, spots, stains and debris. Hard/resilient floors shall have multiple coats of a slip-resistant seal and finish applied that result in a consistent high-shine, unless otherwise directed by CITY. Floors shall appear visibly and uniformly smooth and clean. This includes the elimination of dust streaks, lint, standing water, cleaner residue and film. O. Trash Removal/Trash Containers/Recycle Containers 1 . Waste removal shall be to containers designated by CITY and shall be deposited in such a manner that contents will not fly around causing a mess or nuisance. 2. Waste containers shall be fitted with a liner. 3. Recycle bins in cubicles and office areas shall be emptied as necessary. 11. Security 1 . Service Provider will be responsible for compliance with all City security requirements. 2. All doors and windows shall be closed and locked upon completion of cleaning operations in the area. All areas shall be double-checked at end of shift to verify the areas are secured. On occasion, certain areas that are normally open for cleaning may be secured. In such a situation, cleaning shall take place only upon request of the Building Maintenance Technician. Service Provider will not enter any office where the door is closed. 3. Service Provider shall not duplicate any keys for premises unless directed to do so by the Building Maintenance Technician. Service Provider/Supervisory staff must promptly report any lost keys or need for additional keys to the Building Maintenance Technician. 4. To avoid the possibility of tracing lost keys to the premises, the Service Provider shall not put identification on any keys. 5. Service Provider will only access departments through the card reader access doors. A. Background Checks: 1 . Service Provider shall hire an independent security firm (specialist) to perform background checks and fingerprinting on all employees, subcontractors, vendors, delivery personnel, or others required to have regular access to the site. These checks will be conducted on an annual basis. Any prior convictions for theft offenses, violent crimes, sexual offenses, and criminal convictions will not be allowed. Cost of background checks will be borne by the Service Provider. Employees working at the Police Department campus will be required to go through an additional background check. The cost for background checks will be borne by the service provider. 2. Service Provider shall submit a written plan to the City's site representative for review and approval. The plan shall outline procedures proposed for conducting background checks. Submittal shall also contain name and qualifications of the security firm that will perform background checks. 3. The background checks shall check for outstanding warrants (both local and national), verification of U.S. citizenship or appropriate work visa, and known ties to terrorist groups. Only personnel whose background is clear of the listed items shall be allowed to obtain security photo identification/access cards and gain full access to the site. The Service Provider shall provide a list to the City with personnel proposed to have site access privileges. Further the Service Provider must certify that a background check has determined each individual is clear of the listed items B. Photo Identification/Access Cards: 1 . Security photo identification/access cards shall be worn at all times by on-site personnel (Service Provider's employees, subcontractors, and others required to have access to site). Only personnel that pass specified background check shall be allowed to wear security photo identification/access cards. 2. Personnel will not be allowed to access site without security photo identification/access cards. Personnel found on-site without photo identification/access cards are to be immediately removed from site. 3. Security photo identification/access cards shall be issued by the City. The City will supply up to 12 photo/identification/access cards the first year at no charge. Additional photo identification/access cards will be at the cost of $20 each, which will be the responsibility of the Service Provider. Lost or stolen cards must be reported immediately and the Service Provider will be responsible for replacement cost. Service Provider shall schedule arrangements with Building Maintenance Technician and Security Coordinator. C. Intrusion Alarms: 1 . Service Provider's personnel performing work at service locations equipped with intrusion alarms will be responsible for disarming the alarm upon entering the facility and arming the alarm upon exiting. City's Building Maintenance Technician shall be responsible for furnishing instructions to the Service Provider's supervisory personnel on the correct procedures for operating each intruder alarm system. Awarded Service Provider could be responsible for any false alarm fees due to the improper use of the intrusion system. It shall be the Service Provider's responsibility to instruct any temporary or replacement personnel on the operation of the intruder alarm system. 12. Safety The Service Provider shall be responsible for all necessary training relating to the application of chemicals and the use of equipment as it relates to the Work. Service Provider shall be solely responsible for initiating, supervising and maintaining all needed safety precautions in connection with the Work (i.e. hazardous material communication, blood borne pathogens, etc.). Service Provider shall take all necessary precautions for the safety of, and provide for the necessary protection to prevent damage, injury or loss to employees, bystanders, materials, equipment and property. In so doing, Service Provider shall comply with the applicable rules and regulations of any regulatory body (i.e. OSHA) having jurisdiction over the safety of persons or property. Service Provider shall be liable for any resulting damage arising from its operations. Service Provider will not compromise the safety of City employees or the public through Service Provider's, Service Provider Employees, or Service Provider's Agents actions. Service Provider may be required to maintain an incident log and report OSHA recordable incidents to the Building Maintenance Technician within 24 hours of request. 13. Materials, Supplies and Equipment A. Supplies 1 . Service Provider shall furnish all cleaning supplies and equipment necessary to do the work. CITY will furnish the following supplies: restroom and kitchenette soap, restroom and kitchenette paper products, hand sanitizer dispenser product, garbage bins plastic bags and restroom feminine products. 2. Ordering supplies will be done via email to the Building Maintenance Technician. 3. Service Provider shall be responsible for transporting supplies from City Hall to the individual service locations and stocking supplies in the Janitorial Rooms/Closets. 4. Service Provider shall maintain owner furnished supplies. 5. Service Provider certifies that all materials, equipment, etc., used in the performance of the Work meet all Occupational Safety and Health Act (OSHA) and applicable environmental requirements. 6. A complete list of cleaning materials, supplies and equipment to be used by Service Provider shall be submitted to City prior to the commencement of the Service Agreement. The list must show generic-type, brand name, model number (if applicable), product name (if applicable) and catalogue number. In the case of cleaning chemicals, a copy of the Safety Data Sheets (or Material Safety Data Sheets if Safety Data Sheets are not yet available for the product) must be provided. 7. All cleaning chemicals used by Service Provider shall be in compliance with OSHA's Hazard Communication Standard (HCS). B. Hazardous and Toxic Substances Manufacturers and distributors are required by the Federal Hazardous Communication Standard (29 CFR 1910.1200) to label each hazardous material or chemical container, and to provide Material Safety Data Sheets to the purchaser. Contractor must comply with these laws and must provide CITY with copies of the Material Data Sheets five (5) days prior to performance of services or contemporaneous with delivery of services. The CITY will require that the Contractor maintain an onsite Material Safety Data Sheet three ring binder for all chemicals and substances used in each facility. Binders shall be kept in the primary janitorial closet in each facility. C. Equipment Service Provider will furnish and maintain in good working condition all the necessary cleaning equipment required to maintain the facilities as specified in this Scope of Services including, but not limited to, vacuum cleaners, mops, buffers, strippers, scrubbing machines, extension poles, ladders and carpet extraction equipment. Equipment (vacuums, buffers, pylons, buckets) will be kept clean by the Service Provider and stored in a designated location when not in use. 14. Storage Space A. City may provide some storage space at the various facilities for janitorial supplies and equipment. Due to the limited amount of space, and storage space beyond that which City is presently providing for janitorial equipment is the responsibility of Service Provider. B. Service Provider shall keep storage spaces neat a clean at all times and in accordance with applicable fire codes, regulations and good housekeeping standards. 15. Waste & Recycle Removal All collected trash and recycling must be transported by Service Provider to area(s) designated by the City. Each location will have a collection site(s). 16. Reporting Problems Janitorial staff shall report any operational or maintenance problems encountered during the course of the work to their supervisor at the end of each shift. These issues shall be communicated to the Building Maintenance Technician by Service Provider's supervisory and/or managerial staff by 12:00 PM on the following business day. The supervisor will alert City if supply stock is below two weeks. 17. Performance / Evaluation of Work The level of cleaning is extremely important. Quality of work will be formally evaluated through inspections scheduled by the Building Maintenance Technician at the CITY's discretion. Evaluation of work will include the following: 1 . Adherence to work schedule for all scheduled work tasks 2. Performance and quality of cleaning for scheduled work tasks 3. Adherence to all specifications and requirements of the contract documents At a minimum, a semi-annual, in-person meeting must be conducted between the Service Provider/Supervisor and the City to discuss performance/evaluation of work. It will be the responsibility of the Service Provider to coordinate this meeting and to be prepared to discuss the items listed below: 1 . Adherence to work schedule for all scheduled work tasks 2. Performance and quality of cleaning for scheduled work tasks 3. Repetition of violations of work tasks not performed during the month 4. Response time to correct substandard work 5. Adherence to all specifications and requirements of the contract documents 18. Inspections A. Service Provider Lead/Supervisor will make daily routine inspections at each location after services have been provided to ensure Service Provider's work is performed as required by this Contract. a. Service Provider will create a checklist for use in daily routine inspections and review with City for approval before use. The checklist will be aligned specifically with the contract "Task List" of services to be performed in each facility at the designated times. It will be completed by indicating the completion of tasks and will be signed by the Service Provider Lead/Supervisor designating satisfactory completion of services. Service Provider will provide the completed checklist to the Building Maintenance Technician in electronic form the day after being completed. B. CITY's Building Maintenance Technician or designee shall conduct regular inspections of the premises to ensure compliance with the work required by this contract. C. Extra work authorized by the Building Maintenance Technician will also be inspected on a regular basis to ensure compliance with the standards of the City and this contract. D. The Service Provider's supervisor shall be available, upon request, for inspections with the Building Maintenance Technician. 19. Service Complaints and Violation Substantiation Process A. Service Complaints Service Complaints from within the City will be dispositioned through a validation process. Once a complaint is received the City will go through the following process to validate its legitimacy and determine if it is a "Task Violation". Process Outline: 1 . Complaint will be visually confirmed. If feasible, a picture with supporting information will be obtained. 2. The City will cross check the complaint against the completed daily "Checklist" from the Service Provider/Supervisor. 3. A determination of whether a service violation occurred or not will be made by the City. 4. If a service violation has occurred, the Service Violation Penalties section of this contract will be followed. 5. The findings of this process will be shared with the Service Provider/Supervisor as per the "Communication" protocol of this agreement. B. Service Violations Service Violations from the CITY's Building Maintenance Technician or designee regular inspections to ensure compliance with the work required by this contract will go through the following process. Process Outline: 1 . A picture with supporting information will be obtained. 2. The City will cross check the service violation against the completed daily "Checklist" from the Service Provider/Supervisor. 3. If a service violation has occurred, the Service Violation Penalties section of this contract will be followed. 4. The findings of this process will be shared with the Service Provider/Supervisor as per the "Communication" protocol of this agreement. C. Service Violations must be corrected within two (2) hours for daily and weekly tasks and 48 hours all other tasks. Failure to respond within the timeframe will be cause for a $100 penalty for each service task. D. Service Provider's Supervisor will notify Building Maintenance Technician once deficiency is corrected and provide picture of correction. In the event that the Building Maintenance Technician re-visits the deficiency noted as being corrected and finds the deficiency not corrected, City will levy a $100 penalty for each time the Service Provider has to be contacted again to address the deficiency. 20. Communications Service Provider shall not contact clients unless specifically directed to by the Building Maintenance Technician. All communication between CITY and SERVICE PROVIDER shall be through the Building Maintenance Technician with email being the primary method of communication and a phone call the secondary method of communication. Service Provider/staff shall return Building Maintenance Technicians phone calls within four (2) hours of receipt. 21. Service Violation Penalties A. Service Provider will be allowed no more than one (1) substantiated service task violation related to the non-performance or unsatisfactory performance of work included in the Contract per month per location. City will levy a $100 penalty each violation above that threshold. B. In the case of non-performed work, CITY may: 1 . Withhold from Service Provider's invoice all billings associated with that location for non-performed work as set out in Contract. 2. Perform the services with CITY personnel or other means. C. In the case of unsatisfactory work, CITY may: 1 . Withhold payment from Service Provider's invoice all billings associated with that location for unsatisfactory work as set out in Contract. 2. Perform the services with CITY personnel or other means. D. In the event of a repeated violation of any task at an individual location, an escalation penalty of an additional $100 shall be assessed for each substantiated task violation at that location. This penalty should be considered cumulative and unlimited for each violation of the same task, and will be in effect for each year of the contract. Substantiated task violations will be tracked, documented and reported on to insure proper assessment of any such penalty. E. Should CITY elect options B.2 and C.2 above, CITY will also deduct all costs, including administrative costs, incurred by CITY to obtain satisfactory completion of the services. F. Repeated instances of non-performance or non-satisfactory performance will be grounds for termination of the Contract for the default pursuant to the terms of the Contract. G. If the Service Provider fails to perform the work required by the terms of the Contract and subsequent work requests in a diligent and satisfactory manner, the City may terminate said Contract, and perform or cause to be performed all or any part of the work needed to complete and/or correct same. The Service Provider agrees that it will reimburse the City for any expense incurred therefrom, and the City, at its election, may deduct said amounts from any sum owing the Service Provider. The waiver by the City of a breach of any provision of the contract by the Service Provider shall not operate or be construed as a waiver of any subsequent breach by the Service Provider. 22. Turning Off Lights Janitorial staff is expected to turn off all lights as they complete their work with the exception of those that are designated to remain on as determined by City. 23. Lost and Found Service Provider shall be responsible for ensuring that all articles found by its personnel are turned in to the nearest City lost and found location, as managed by City or agent in charge of such articles, not later than by the end of each shift. 24. Suspension of Work CITY unilaterally may order Service Provider, in writing, to suspend, delay or interrupt all or any part of the work for such period of time as they may determine to be in the best interest of CITY. Reasons may include, but are not limited to, the following: A. Fire or other casualty, which renders the facility or any part thereof, unfit for occupancy or use immediately. B. Interruption of facility services or systems, such as utilities, elevator, plumbing, electrical, heating/cooling systems, which renders the facility or any part thereof unfit for occupancy or use immediately. C. A facility or any part thereof remaining vacant or unoccupied immediately by virtue of CITY relocating the occupants to another facility, or performing remodeling, renovations, and/or construction within a facility or part thereof. 25. Notice of Suspension of Work CITY will give notice of suspension of work and effective date as follows: A. If work suspension is due to 23 "A" or "B" above, verbal notice will be given within twenty-four (24) hours of effective date, written confirmation to follow. B. If suspension is due to 23 "C" above, written notice will be given at least ten (10) working days in advance prior to effective date. C. Reduction in payment during a suspension period will be calculated on prorated basis of the proportion of the monthly rate listed on the Proposal Form. 26. Interrupted Service In the event that CITY declares an emergency due to road or weather conditions or other reasons, and the building is closed for the day or opens late, or closes early, CITY may grant excused absences to Service Provider's employees or may require Service Provider to have the employees make up the lost time in order to complete the Janitorial duties. Service Provider must make every effort to provide Janitorial services, particularly if the occurrence is on a Friday or is on a day preceding a holiday. Work should be performed during the holiday or weekend so that the building will be cleaned prior to office hours on the following work day. 27. Conduct of Employees Employees of Service Provider, while performing work under this contract, will not: A. Remove any CITY of Meridian property or personal property, equipment, monies, forms, or any other item from their place. B. Engage in horseplay or loud boisterous behavior. C. Play amplified sound equipment. D. Be under the influence of alcohol or drugs. E. Smoke within the building. F. Bring unauthorized personnel to job site (e.g., relatives, friends, guests and children). G. Turn on or off or use any CITY equipment other than Service Provider's equipment. H. Use any CITY telephone except a telephone designated by the building management for the purpose of business under this contract. I. Open any desk, file cabinet, storage cabinet or refrigerator. J. Disturb or remove any article from desks. K. Consume any food or beverage, other than that brought with the employee or purchased from vending machines, and only in areas designated by the building management for regular breaks. L. Engage in long conversations with visitors or other individuals. M. Take photographs of the building or its content. N. Remove any documents, records, forms or paper of any kind which is not either in trash cans or clearly marked as trash. O. Engage in any activity which is not in the best interest of CITY or is otherwise detrimental to the performance of this Contract. If an employee arrives to the work site and their actions suggest intoxication, this person will be asked to confine their presence to a waiting area while a contract supervisor is contacted to the purpose of escorting the employee away from the building safely. P. Enter any office where the door is closed. 28. Discipline or Discharge of Employees Any Service Provider's employee whose employment or performance is objectionable to CITY shall be immediately transferred from the premises. A request by CITY to transfer an employee shall not constitute an order to discipline or discharge the employee. All actions taken by the Service Provider in regards to employee discipline shall be at the sole discretion of the Service Provider. The department shall be held harmless in any disputes the Service Provider may have with the Service Provider's employees. This shall include, but is not limited to, charges of discrimination, harassment, and discharge without just cause. EXHIBIT B City Hall General Cleaning Throughout (includes elevators and bathrooms) Task Frequency Task Monday Weekly Monthly Quarterly Notes through Friday Thoroughly clean and 3X M, W, F vacuum carpet, mats and rugs using a beater bar/brush type vacuum (includes removing all spots and stains smaller than a dinner plate) Mechanically agitate 1X carpets, mats and rugs Vacuum loose dirt and 3X M, W, F debris,then remove stains/spills with non- tracking, no-buildup cleaner at hard surface floors Vacuum door thresholds 3X M, W, F then wipe clean with appropriate cleaner Deep machine extraction of Annually Schedule with City for carpets, mats and rugs with approval mounted unit Scrub and buff hard surface 1X floors Strip all tile and linoleum Semi-Annually Schedule with City for floors and apply wax and approval sealer Wipe down elevator walls 1X and ceiling with appropriate streak free cleaner Dust horizontal surfaces up 1X to 70 inches. This includes shelves, moldings, ledges, windowsills, chair rails, furniture tops, file cabinet tops, bookcase tops, picture frames, and similar surfaces. Use a lightly treated cloth, dusting mitts, or dust mop (excludes desktops) Dust horizontal surfaces 1X above 70 inches. This includes shelves, moldings, picture frames ledges, windowsills, pipes, ductwork,vents, etc. Spot clean partition walls 1X Empty trash bins (replace 3X M, W, F trash liners semi-weekly at a minimum) Empty recycling bins 2X T,Th Hand clean server room Semi-Annually Schedule with City for floor and staging room approval floors Clean and polish door kick 1X Spot clean as needed plates between frequencies Clean and disinfect all touch 3X M, W, F points (light switches, door automatic opener controls, door handles, push plates, crash bar apparatus, elevator control push buttons and surroundings etc.) Clean and wet mop 1X stairwells Dust and clean all window Annually Schedule with City for blinds (internal and external approval windows) Clean glass in doors and 1X Spot clean as needed sidelights (both sides) between frequencies Spot clean walls in all areas 1X Spot clean as needed between frequencies Clean and disinfect 3X M, W, F counters, table tops, sinks, fixtures, front of refrigerators and microwaves at kitchens, break areas and Department kitchenettes Clean, damp wipe and dry 3X M, W, F work area counter surfaces Pour water into floor drains 1X Dust and clean air vents in 1X walls and ceiling Change air fresheners 2X As needed Clean and disinfect X bathroom toilets, sanitary napkin receptacles (and replace liners), urinals, sinks, counters partitions, shelving, dispensers, shower walls and floors Clean bathroom mirrors and X bright work Clean and sanitize all X bathroom floors Check and refill toilet paper X dispensers Professionally steam clean Annually Schedule with City for all bathroom shower walls approval and floors Replace bathroom shower Annually Schedule with City for curtains with like curtains approval of shower curtain Machine clean bathroom 1X floors and baseboard (includes buffing) Clean and sanitize drinking X fountains Check and refill towel X dispensers, soap dispensers, hand sanitizer dispensers, etc. Wash exterior side of Semi-annually Schedule with City for exterior windows approval Wash the interior side of Annually Schedule with City for exterior windows approval Clean both sides of interior 1X Spot clean as needed wall glass from floor to top between frequencies of door frame height at all areas other than Council Chambers and Historical Society Clean both sides of interior Annually Spot clean as needed wall glass from top of door between frequencies frame height to ceiling City Hall Lobby Dust main entry raised Annually Schedule with City for artwork approval Clean both sides of interior X Spot clean as needed wall glass at interior walls between frequencies from floor to top of door frame height at main entry vestibule, Conference Room A&B, and Historical Society Room Clean both sides of glass at Annually interior walls from the top of door frame height to ceiling at main entry vestibule, Conference Room A&B, and Historical Society Room Initial Point Art Gallery Clean and remove dead Annually Schedule with City for insects and debris from high approval window sills and framed ledges Close Out Procedures Ensure all exterior doors are closed and locked; Turn off all lights in each area as the task in the area is complete; All trash and recycling to be placed in designated areas; Cleaning supervisor to inspect daily and ensure all work has been performed according to the contract and leave a check off sheet with signature for City staff every day Police Station Admin General Cleaning Throughout (includes elevators and bathrooms) Task Frequency Task Monday Weekly Monthly Quarterly Notes through Friday Thoroughly clean and X vacuum carpet, mats and rugs using a beater bar/brush type vacuum (includes removing all spots and stains smaller than a dinner plate) Mechanically agitate 1X carpets, mats and rugs Vacuum loose dirt and X debris, then remove stains/spills with non- tracking, no-buildup cleaner at hard surface floors Vacuum door thresholds 3X M, W, F then wipe clean with appropriate cleaner Deep machine extraction of Semi-Annually Schedule with City for carpets, mats and rugs with approval mounted unit (Public Meeting Room, Patrol Room, Briefing Room) Deep machine extraction of Annually Schedule with City for carpets, mats and rugs with approval mounted unit Scrub and buff hard surface 1X Schedule with City for floors approval Strip all tile and linoleum Semi-Annually Schedule with City for floors and apply wax and approval sealer Wipe down elevator walls 1X and ceiling with appropriate streak free cleaner Dust horizontal surfaces up 1X to 70 inches. This includes shelves, moldings, ledges, windowsills, chair rails, furniture tops, file cabinet tops, bookcase tops, picture frames, and similar surfaces. Use a lightly treated cloth, dusting mitts, or dust mop (excludes desktops) Dust horizontal surfaces 1X above 70 inches. This includes shelves, moldings, picture frames ledges, windowsills, pipes, ductwork,vents, etc. Spot clean partition walls Semi-Annually Spot clean as needed between frequencies Empty trash bins (replace X trash liners semi-weekly at a minimum) Empty recycling bins X Hand clean server room Semi-Annually Schedule with City for floors approval Clean and polish door kick 1X Spot clean as needed plates Between frequencies Clean and disinfect all touch 3X M, W, F points (light switches, door automatic opener controls, door handles, push plates, crash bar apparatus, elevator control push buttons and surroundings etc.) Clean and wet mop 1X stairwells Dust and clean all window Annually Schedule with City for blinds (internal and external approval windows) Clean glass in doors and 1X Spot clean as needed sidelights (both sides) between frequencies Spot clean walls in all areas Semi-Annually Spot clean as needed between frequencies Clean and disinfect 3X M, W, F counters, table tops, sinks, fixtures, front of refrigerators and microwaves at kitchens, break areas and Department kitchenettes Clean, damp wipe and dry 3X M, W, F work area counter surfaces Dust and polish shared 1X workstations, bookshelves, chairs, and electronics in Patrol (including shift Sargent offices and small report rooms) Pour water into floor drains 1X Dust and clean air vents in 1X walls and ceiling Change air fresheners 2X As needed Clean and disinfect X bathroom toilets, sanitary napkin receptacles (and replace liners), urinals, sinks, counters partitions, shelving, dispensers, shower walls and floors Clean bathroom mirrors and X bright work Clean and sanitize all X bathroom floors Check and refill toilet paper X dispensers Professionally steam clean Annually Schedule with City for all bathroom shower walls approval and floors and reseal grout Replace bathroom shower Annually Schedule with City for curtains with like curtains approval of shower curtains Machine clean bathroom 1X floors and baseboard (includes buffing) Clean and sanitize drinking X fountains Check and refill towel X dispensers, soap dispensers, hand sanitizer dispensers, etc. Wash exterior side of Semi-Annually Schedule with City for exterior windows approval Wash the interior side of Annually Schedule with City for exterior windows approval Clean both sides of interior 1X Spot clean as needed wall glass from floor to top between frequencies of door frame height Clean both sides of interior Annually Schedule with City for wall glass from top of door approval frame height to ceiling Close Out Procedures Ensure all exterior doors are closed and locked; Turn off all lights in each area as the task in the area is complete; All trash and recycling to be placed in designated areas; Cleaning supervisor to inspect daily and ensure all work has been performed according to the contract and leave a check off sheet with signature for City staff every day Police Station K-9 General Cleaning Throughout (includes bathrooms) Task Frequency Task Monday Weekly Monthly Quarterly Notes through Friday Thoroughly clean and 1X vacuum carpet, mats and rugs using a beater bar/brush type vacuum (includes removing all spots and stains smaller than a dinner plate) Vacuum door thresholds 1X then wipe clean with appropriate cleaner Clean and mop hard surface 1X Schedule with City for floors approval Dust horizontal surfaces up 1X to 70 inches. This includes shelves, moldings, ledges, windowsills, chair rails, furniture tops, file cabinet tops, bookcase tops, picture frames, and similar surfaces. Use a lightly treated cloth, dusting mitts, or dust mop (excludes desktops) Dust horizontal surfaces 1X above 70 inches. This includes shelves, moldings, picture frames ledges, windowsills, pipes, ductwork,vents, etc. Empty trash bins (replace 2X trash liners semi-weekly at a minimum) Empty recycling bins 2X Clean and polish door kick Semi-Annually Spot clean as needed plates between frequencies Clean and disinfect all touch 1X points (light switches, door automatic opener controls, door handles, push plates, crash bar apparatus, elevator control push buttons and surroundings etc.) Clean glass in doors and 1X Spot clean as needed sidelights (both sides) between frequencies Spot clean walls in all areas Semi-Annually Spot clean as needed between frequencies Clean, damp wipe and dry 1X work area counter surfaces Pour water into floor drains 1X Dust and clean air vents in 1X walls and ceiling Change air fresheners 2X As needed Clean and disinfect 1X bathroom toilets, sanitary napkin receptacles (and replace liners), urinals, sinks, counters partitions, shelving, dispensers, shower walls and floors Clean bathroom mirrors and 1X bright work Clean and sanitize all 1X bathroom floors Check and refill toilet paper 1X dispensers Machine clean bathroom 1X floors and baseboard (includes buffing) Clean and sanitize drinking 1X fountains Check and refill towel 1X dispensers, soap dispensers, hand sanitizer dispensers, etc. Close Out Procedures Ensure all exterior doors are closed and locked;Turn off all lights in each area as the task in the area is complete; All trash and recycling to be placed in designated areas; Cleaning supervisor to inspect daily and ensure all work has been performed according to the contract and leave a check off sheet with signature for City staff every day Police Station PSTC General Cleaning Throughout (includes bathrooms) Task Frequency Task Monday Weekly Monthly Quarterly Notes Through Friday Thoroughly clean and 2X vacuum carpet, mats and rugs using a beater bar/brush type vacuum (includes removing all spots and stains smaller than a dinner plate) Mechanically agitate 1X carpets, mats and rugs Vacuum loose dirt and 2X debris,then remove stains/spills with non- tracking, no-buildup cleaner at hard surface floors Vacuum door thresholds 2X then wipe clean with appropriate cleaner Deep machine extraction of Annually Schedule with City for carpets, mats and rugs with approval mounted unit Scrub and buff hard surface 1X Schedule with City for floors approval Strip all tile and linoleum Semi-Annually Schedule with City for floors and apply wax and approval sealer Dust horizontal surfaces up 1X to 70 inches. This includes shelves, moldings, ledges, windowsills, chair rails, furniture tops, file cabinet tops, bookcase tops, picture frames, and similar surfaces. Use a lightly treated cloth, dusting mitts, or dust mop (excludes desktops) Dust horizontal surfaces 1X above 70 inches. This includes shelves, moldings, picture frames ledges, windowsills, pipes, ductwork,vents, etc. Spot clean partition walls Semi-Annually Spot clean as needed between frequencies Empty trash bins (replace 3X M, W, F trash liners semi-weekly at a minimum) Empty recycling bins 2X Hand clean server room Annually Schedule with City for floors approval Clean and polish door kick 1X Spot clean as needed plates between frequencies Clean and disinfect all touch 3X M, W, F points (light switches, door automatic opener controls, door handles, push plates, crash bar apparatus, elevator control push buttons and surroundings etc.) Dust and clean all window Annually Schedule with City for blinds (internal and external approval windows) Clean glass in doors and 1X Spot clean as needed sidelights (both sides) between frequencies Spot clean walls in all areas 1X Spot clean as needed between frequencies Clean and disinfect 3X M, W, F counters, table tops, sinks, fixtures, front of refrigerators and microwaves at kitchens, break areas and Department kitchenettes Clean, damp wipe and dry 3X M, W, F work area counter surfaces Pour water into floor drains 1X Dust and clean air vents in 1X walls and ceiling Change air fresheners 2X As needed Clean and disinfect 3X M, W, F bathroom toilets, sanitary napkin receptacles (and replace liners), urinals, sinks, counters partitions, shelving, dispensers, shower walls and floors Clean bathroom mirrors and 3X M, W, F bright work Clean and sanitize all 3X M, W, F bathroom floors Check and refill toilet paper 3X M, W, F dispensers Machine clean bathroom X floors and baseboard (includes buffing) Clean and sanitize drinking 3X M, W, F fountains Check and refill towel 3X M, W, F dispensers, soap dispensers, hand sanitizer dispensers, etc. Wash exterior side of Semi-Annually Schedule with City for exterior windows approval Wash the interior side of Annually Schedule with City for exterior windows approval Clean both sides of interior 1X Spot clean as needed wall glass from floor to top between frequencies of door frame height Clean both sides of interior Annually Spot clean as needed wall glass from top of door between frequencies frame height to ceiling Wipe down mats and X equipment with approved sanitizer in Mat Room Close Out Procedures Ensure all exterior doors are closed and locked;Turn off all lights in each area as the task in the area is complete; All trash and recycling to be placed in designated areas; Cleaning supervisor to inspect daily and ensure all work has been performed according to the contract and leave a check off sheet with signature for City staff every day Police Station Scenario Village General Cleaning Throughout (includes bathrooms) Task Frequency Task Monday Weekly Monthly Quarterly Notes Through Friday Thoroughly clean and 2X vacuum carpet, mats and rugs using a beater bar/brush type vacuum (includes removing all spots and stains smaller than a dinner plate) Mechanically agitate 1X carpets, mats and rugs Vacuum door thresholds 2X then wipe clean with appropriate cleaner Deep machine extraction of Annually Schedule with City for carpets, mats and rugs with approval mounted unit Sweep all floors and stairs 1X Dust all corners where walls 1X meet ceiling to knock down webs Dust horizontal surfaces up 1X to 70 inches Dust horizontal surfaces Annually Schedule with City for above 70 inches. This approval includes shelves, moldings, picture frames ledges, windowsills, pipes, ductwork,vents, etc. Empty trash bins (replace 2X trash liners semi-weekly at a minimum) Clean and polish door kick Semi-Annually Spot clean as needed plates between frequencies Clean and disinfect all touch 1X points (light switches, door automatic opener controls, door handles, push plates, crash bar apparatus, elevator control push buttons and surroundings etc.) Dust and clean all window Annually Schedule with City for blinds (internal and external approval windows) Clean glass in doors and 1X Spot clean as needed sidelights (both sides) between frequencies Pour water into floor drains 1X Dust and clean air vents in 1X walls and ceiling Change air fresheners 2X As needed Clean and disinfect 2X bathroom toilets, sanitary napkin receptacles (and replace liners), urinals, sinks, counters partitions, shelving, dispensers, shower walls and floors Clean bathroom mirrors and 2X bright work Clean and sanitize all 2X bathroom floors Check and refill toilet paper 2X dispensers Clean and sanitize drinking 2X fountains Check and refill towel 2X dispensers, soap dispensers, hand sanitizer dispensers, etc. Wash exterior side of Semi-Annually Schedule with City for exterior windows approval Wash the interior side of Annually Schedule with City for exterior windows approval Clean both sides of interior 1X Spot clean as needed wall glass between frequencies Close Out Procedures Ensure all exterior doors are closed and locked;Turn off all lights in each area as the task in the area is complete; All trash and recycling to be placed in designated areas; Cleaning supervisor to inspect daily and ensure all work has been performed according to the contract and leave a check off sheet with signature for City staff every day Water Department Admin General Cleaning Throughout (includes bathrooms) Task Frequency Task Monday Weekly Monthly Quarterly Notes Through Friday Thoroughly clean and 1X vacuum carpet, mats and rugs using a beater bar/brush type vacuum (includes removing all spots and stains smaller than a dinner plate) Mechanically agitate 1X carpets, mats and rugs Vacuum loose dirt and 2X debris,then remove stains/spills with non- tracking, no-buildup cleaner at hard surface floors Vacuum door thresholds 1X then wipe clean with appropriate cleaner Deep machine extraction of Annually Schedule with City for carpets, mats and rugswith approval mounted unit Scrub and buff hard surface 1X Schedule with City for floors approval Strip all tile and linoleum Semi-Annually Schedule with City for floors and apply wax and approval sealer Dust horizontal surfaces up 1X to 70 inches. This includes shelves, moldings, ledges, windowsills, chair rails, furniture tops, file cabinet tops, bookcase tops, picture frames, and similar surfaces. Use a lightly treated cloth, dusting mitts, or dust mop (excludes desktops) Dust horizontal surfaces 1X above 70 inches. This includes shelves, moldings, picture frames ledges, windowsills, pipes, ductwork,vents, etc. Spot clean partition walls Semi-Annually Spot clean as needed between frequencies Empty trash bins (replace 2X trash liners semi-weekly at a minimum) Empty recycling bins 2X Hand clean server room Annually Schedule with City for floors approval Clean and polish door kick 1X Spot clean as needed plates between frequencies Clean and disinfect all touch 1X points (light switches, door automatic opener controls, door handles, push plates, crash bar apparatus, elevator control push buttons and surroundings etc.) Dust and clean all window Annually Schedule with City for blinds (internal and external approval windows) Clean glass in doors and 1X Spot clean as needed sidelights (both sides) between frequencies Spot clean walls in all areas Semi-Annually Spot clean as needed between frequencies Clean and disinfect 1X counters, table tops, sinks, fixtures, front of refrigerators and microwaves at kitchens, break areas and Department kitchenettes Clean, damp wipe and dry 1X work area counter surfaces Pour water into floor drains 1X Dust and clean air vents in 1X walls and ceiling Change air fresheners 2X As needed Clean and disinfect 2X bathroom toilets, sanitary napkin receptacles (and replace liners), urinals, sinks, counters partitions, shelving, dispensers, shower walls and floors Clean bathroom mirrors and 2X bright work Clean and sanitize all 2X bathroom floors Check and refill toilet paper 2X dispensers Professionally steam clean Annually Schedule with City for all bathroom shower walls approval and floors and reseal grout Machine clean bathroom 1X floors and baseboard (includes buffing) Clean and sanitize drinking 2X fountains Check and refill towel 2X dispensers, soap dispensers, hand sanitizer dispensers, etc. Wash exterior side of Semi-annually Schedule with City for exterior windows approval Wash the interior side of Annually Schedule with City for exterior windows approval Clean both sides of interior 1X Spot clean as needed wall glass from floor to top between frequencies of door frame height Clean both sides of interior Annually Spot clean as needed wall glass from top of door between frequencies frame height to ceiling Close Out Procedures Ensure all exterior doors are closed and locked;Turn off all lights in each area as the task in the area is complete; All trash and recycling to be placed in designated areas; Cleaning supervisor to inspect daily and ensure all work has been performed according to the contract and leave a check off sheet with signature for City staff every day Parks Maintenance General Cleaning Throughout (includes bathrooms) Task Frequency Task Monday Weekly Monthly Quarterly Notes Through Friday Thoroughly clean and 2X vacuum carpet, mats and rugs using a beater bar/brush type vacuum (includes removing all spots and stains smaller than a dinner plate) Mechanically agitate 1X carpets, mats and rugs Vacuum loose dirt and 2X debris,then remove stains/spills with non- tracking, no-buildup cleaner at hard surface floors Vacuum door thresholds 2X then wipe clean with appropriate cleaner Deep machine extraction of Annually Schedule with City for carpets, mats and rugs with approval mounted unit Scrub and buff hard surface 1X Schedule with City for floors approval Strip all tile and linoleum Semi-Annually Schedule with City for floors and apply wax and approval sealer Dust horizontal surfaces up 1X to 70 inches. This includes shelves, moldings, ledges, windowsills, chair rails, furniture tops, file cabinet tops, bookcase tops, picture frames, and similar surfaces. Use a lightly treated cloth, dusting mitts, or dust mop (excludes desktops) Dust horizontal surfaces 1X above 70 inches. This includes shelves, moldings, picture frames ledges, windowsills, pipes, ductwork,vents, etc. Spot clean partition walls Semi-Annually Empty trash bins (replace 2X trash liners semi-weekly at a minimum) Empty recycling bins 2X Hand clean server room Annually Schedule with City for floors approval Clean and polish door kick 1X Spot clean as needed plates between frequencies Clean and disinfect all touch 2X points (light switches, door automatic opener controls, door handles, push plates, crash bar apparatus, elevator control push buttons and surroundings etc.) Dust and clean all window Annually Schedule with City for blinds (internal and external approval windows) Clean glass in doors and 1X Spot clean as needed sidelights (both sides) between frequencies Spot clean walls in all areas Semi-Annually Spot clean as needed between frequencies Clean and disinfect 2X counters, table tops, sinks, fixtures, front of refrigerators and microwaves at kitchens, break areas and Department kitchenettes Clean, damp wipe and dry 2X work area counter surfaces Pour water into floor drains 1X Dust and clean air vents in X walls and ceiling Change air fresheners 2X As needed Clean and disinfect 2X bathroom toilets, sanitary napkin receptacles (and replace liners), urinals, sinks, counters partitions, shelving, dispensers, shower walls and floors Clean bathroom mirrors and 2X bright work Clean and sanitize all 2X bathroom floors Check and refill toilet paper 2X dispensers Machine clean bathroom 1X floors and baseboard (includes buffing) Clean and sanitize drinking 2X fountains Check and refill towel 2X dispensers, soap dispensers, hand sanitizer dispensers, etc. Wash exterior side of Semi-Annually Schedule with City for exterior windows approval Wash the interior side of Annually Schedule with City for exterior windows approval Clean both sides of interior 1X Spot clean as needed wall glass from floor to top between frequencies of door frame height Clean both sides of interior Annually Spot clean as needed wall glass from top of door between frequencies frame height to ceiling Close Out Procedures Ensure all exterior doors are closed and locked;Turn off all lights in each area as the task in the area is complete; All trash and recycling to be placed in designated areas; Cleaning supervisor to inspect daily and ensure all work has been performed according to the contract and leave a check off sheet with signature for City staff every day Community Center General Cleaning Throughout (includes bathrooms) Task Frequency Task Monday Weekly Monthly Quarterly Notes Through Friday Thoroughly clean and 3X vacuum carpet, mats and rugs using a beater bar/brush type vacuum (includes removing all spots and stains smaller than a dinner plate) Mechanically agitate 1X carpets, mats and rugs Vacuum loose dirt and 3X debris,then remove stains/spills with non- tracking, no-buildup cleaner at hard surface floors Vacuum door thresholds 3X then wipe clean with appropriate cleaner Deep machine extraction of Annually Schedule with City for carpets, mats and rugs with approval mounted unit Scrub and buff hard surface 1X Schedule with City for floors approval Strip all tile and linoleum Semi-Annually Schedule with City for floors and apply wax and approval sealer Dust horizontal surfaces up 1X to 70 inches. This includes shelves, moldings, ledges, windowsills, chair rails, furniture tops, file cabinet tops, bookcase tops, picture frames, and similar surfaces. Use a lightly treated cloth, dusting mitts, or dust mop (excludes desktops) Dust horizontal surfaces 1X above 70 inches. This includes shelves, moldings, picture frames ledges, windowsills, pipes, ductwork,vents, etc. Spot clean partition walls Semi-Annually Spot clean as needed between frequencies Empty trash bins (replace 3X trash liners semi-weekly at a minimum) Empty recycling bins 2X Clean and polish door kick 1X Spot clean as needed plates between frequencies Clean and disinfect all touch 3X points (light switches, door automatic opener controls, door handles, push plates, crash bar apparatus, elevator control push buttons and surroundings etc.) Dust and clean all window Annually Schedule with City for blinds (internal and external approval windows) Clean glass in doors and 1X Spot clean as needed sidelights (both sides) between frequencies Spot clean walls in all areas Semi-Annually Spot clean as needed between frequencies Clean and disinfect 3X counters, table tops, sinks, fixtures, front of refrigerators and microwaves at kitchens, break areas and Department kitchenettes Clean, damp wipe and dry 3X work area counter surfaces Pour water into floor drains 1X Dust and clean air vents in 1X walls and ceiling Change air fresheners 2X As needed Clean and disinfect 3X bathroom toilets, sanitary napkin receptacles (and replace liners), urinals, sinks, counters partitions, shelving, dispensers, shower walls and floors Clean bathroom mirrors and 3X bright work Clean and sanitize all 3X bathroom floors Check and refill toilet paper 3X dispensers Machine clean bathroom 1X floors and baseboard (includes buffing) Clean and sanitize drinking 3X fountains Check and refill towel 3X dispensers, soap dispensers, hand sanitizer dispensers, etc. Wash exterior side of Semi-Annually Schedule with City for exterior windows approval Wash the interior side of Annually Schedule with City for exterior windows approval Clean both sides of interior 1X Spot clean as needed wall glass from floor to top between frequencies of door frame height Clean both sides of interior Annually Spot clean as needed wall glass from top of door between frequencies frame height to ceiling Close Out Procedures Ensure all exterior doors are closed and locked;Turn off all lights in each area as the task in the area is complete; All trash and recycling to be placed in designated areas; Cleaning supervisor to inspect daily and ensure all work has been performed according to the contract and leave a check off sheet with signature for City staff every day Homecourt General Cleaning Throughout (includes bathrooms) Task Frequency Task Sunday Weekly Monthly Quarterly Notes Through Saturday Thoroughly clean and X vacuum carpet, mats and rugs using a beater bar/brush type vacuum (includes removing all spots and stains smaller than a dinner plate) Mechanically agitate 1X carpets, mats and rugs Vacuum loose dirt and X debris,then remove stains/spills with non- tracking, no-buildup cleaner at hard surface floors Vacuum door thresholds X then wipe clean with appropriate cleaner Deep machine extraction of Annually Schedule with City for carpets with mounted unit approval Scrub and condition vending Annually Schedule with City for room and kitchen floor approval Seal concrete floor in Annually Schedule with City for bathrooms approval Dust horizontal surfaces up 1X to 70 inches. This includes shelves, moldings, ledges, windowsills, chair rails, furniture tops, file cabinet tops, bookcase tops, picture frames, and similar surfaces. Use a lightly treated cloth, dusting mitts, or dust mop (excludes desktops) Dust horizontal surfaces 1X above 70 inches. This includes shelves, moldings, picture frames ledges, windowsills, pipes, ductwork,vents, etc. Spot clean partition walls Semi-Annually Spot clean as needed between frequencies Empty trash bins (replace X trash liners semi-weekly at a minimum) Empty recycling bins 2X Clean and polish door kick 1X Spot clean as needed plates between frequencies Clean and disinfect all touch X points (light switches, door automatic opener controls, door handles, push plates, crash bar apparatus, elevator control push buttons and surroundings etc.) Dust and clean all window Annually Schedule with City for blinds (internal and external approval windows) Clean glass in doors and 1X Spot clean as needed sidelights (both sides) between frequencies Spot clean walls in all areas X As needed Clean and disinfect X counters, table tops, sinks, fixtures, front of refrigerators and microwaves at kitchens, break areas and Department kitchenettes Clean, damp wipe and dry X work area counter surfaces Pour water into floor drains 1X Dust and clean air vents in 1X walls and ceiling Change air fresheners 2X As needed Clean and disinfect X bathroom toilets, sanitary napkin receptacles (and replace liners), urinals, sinks, counters partitions, shelving, dispensers, shower walls and floors Clean bathroom mirrors and X bright work Clean and sanitize all X bathroom floors Check and refill toilet paper X dispensers Professionally steam clean Annually Schedule with City for all bathroom shower walls approval and floors Replace bathroom shower 1X Schedule with City for curtains with like curtains approval of curtains Clean and sanitize drinking X fountains Check and refill towel X dispensers, soap dispensers, hand sanitizer dispensers, etc. Wash exterior side of Semi-Annually Schedule with City for exterior windows approval Wash the interior side of Annually Schedule with City for exterior windows approval Clean both sides of interior 1X Spot clean as needed wall glass from floor to top between frequencies of door frame height Clean both sides of interior Annually Spot clean as needed wall glass from top of door between frequencies frame height to ceiling Sweep baseboards with X small broom (pull away moveable bleachers) Sweep entire basketball X courts with large push broom Clean baseboards Annually Spot clean as needed throughout with damp cloth between frequencies Wet mop spills and stains X Dust bleachers 1X Clean gym floor of any gum X Auto scrub hardwood floors 2X Close Out Procedures Ensure all exterior doors are closed and locked;Turn off all lights in each area as the task in the area is complete; All trash and recycling to be placed in designated areas; Cleaning supervisor to inspect daily and ensure all work has been performed according to the contract and leave a check off sheet with signature for City staff every day Fire Station 1 Task Frequency Task Monday Weekly Monthly Quarterly Notes Through Friday Deep machine extraction of Annually Schedule with City for fabric recliners with approval mounted unit Professionally steam clean Annually Schedule with City for all bathroom shower walls approval and floors and reseal grout Replace bathroom shower Annually Schedule with City for curtains with like curtains approval of curtains Close Out Procedures Ensure all exterior doors are closed and locked;Turn off all lights in each area as the task in the area is complete; All trash and recycling to be placed in designated areas; Cleaning supervisor to inspect daily and ensure all work has been performed according to the contract and leave a check off sheet with signature for City staff every day Fire Station 2 Task Frequency Task Monday Weekly Monthly Quarterly Notes Through Friday Deep machine extraction of Annually Schedule with City for fabric recliners with approval mounted unit Professionally steam clean Annually Schedule with City for all bathroom shower walls approval and floors and reseal grout Replace bathroom shower Annually Schedule with City for curtains with like curtains approval of curtains Close Out Procedures Ensure all exterior doors are closed and locked;Turn off all lights in each area as the task in the area is complete; All trash and recycling to be placed in designated areas; Cleaning supervisor to inspect daily and ensure all work has been performed according to the contract and leave a check off sheet with signature for City staff every day Fire Station 3 Task Frequency Task Monday Weekly Monthly Quarterly Notes Through Friday Deep machine extraction of Annually Schedule with City for fabric recliners with approval mounted unit Professionally steam clean Annually Schedule with City for all bathroom shower walls approval and floors and reseal grout Replace bathroom shower Annually Schedule with City for curtains with like curtains approval of curtains Close Out Procedures Ensure all exterior doors are closed and locked;Turn off all lights in each area as the task in the area is complete; All trash and recycling to be placed in designated areas; Cleaning supervisor to inspect daily and ensure all work has been performed according to the contract and leave a check off sheet with signature for City staff every day Fire Station 4 Task Frequency Task Monday Weekly Monthly Quarterly Notes Through Friday Deep machine extraction of Annually Schedule with City for fabric recliners with approval mounted unit Professionally steam clean Annually Schedule with City for all bathroom shower walls approval and floors and reseal grout Replace bathroom shower Annually Schedule with City for curtains with like curtains approval of curtains Close Out Procedures Ensure all exterior doors are closed and locked;Turn off all lights in each area as the task in the area is complete; All trash and recycling to be placed in designated areas; Cleaning supervisor to inspect daily and ensure all work has been performed according to the contract and leave a check off sheet with signature for City staff every day Fire Station 5 Task Frequency Task Monday Weekly Monthly Quarterly Notes Through Friday Deep machine extraction of Annually Schedule with City for fabric recliners with approval mounted unit Professionally steam clean Annually Schedule with City for all bathroom shower walls approval and floors and reseal grout Replace bathroom shower Annually Schedule with City for curtains with like curtains approval of curtains Close Out Procedures Ensure all exterior doors are closed and locked;Turn off all lights in each area as the task in the area is complete; All trash and recycling to be placed in designated areas; Cleaning supervisor to inspect daily and ensure all work has been performed according to the contract and leave a check off sheet with signature for City staff every day Fire Station 6 Task Task Frequency Notes Monday Weekly Monthly Quarterly Through Friday Deep machine extraction of Annually Schedule with City for fabric recliners with approval mounted unit Dust horizontal surfaces Annually Schedule with City for above 70 inches. This approval includes shelves, moldings, picture frames ledges, windowsills, pipes, ductwork,vents, etc. Professionally steam clean Annually Schedule with City for all bathroom shower walls approval and floors and reseal grout Replace bathroom shower Annually Schedule with City for curtains with like curtains approval of curtains Close Out Procedures Ensure all exterior doors are closed and locked;Turn off all lights in each area as the task in the area is complete; All trash and recycling to be placed in designated areas; Cleaning supervisor to inspect daily and ensure all work has been performed according to the contract and leave a check off sheet with signature for City staff every day Fire Safety Center Task Task Frequency Notes Monday Weekly Monthly Quarterly Through Friday Deep machine extraction of Annually Schedule with City for carpets, mats and rugs with approval mounted unit Machine clean hard surface Annually Schedule with City for floors and baseboard approval (includes buffing) Strip all tile and linoleum Annually Schedule with City for floors and apply wax and approval sealer Close Out Procedures Ensure all exterior doors are closed and locked;Turn off all lights in each area as the task in the area is complete; All trash and recycling to be placed in designated areas; Cleaning supervisor to inspect daily and ensure all work has been performed according to the contract and leave a check off sheet with signature for City staff every day WRRF Admin General Cleaning Throughout (includes elevators and bathrooms) Task Task Frequency Notes Monday Weekly Monthly Quarterly Through Friday Thoroughly clean and 2X vacuum carpet, mats and rugs using a beater bar/brush type vacuum (includes removing all spots and stains smaller than a dinner plate) Mechanically agitate 1X carpets, mats and rugs Vacuum loose dirt and 2X debris,then remove stains/spills with non- tracking, no-buildup cleaner at hard surface floors Vacuum door thresholds 2X then wipe clean with appropriate cleaner Deep machine extraction of Annually Schedule with City for carpets, mats and rugs with approval mounted unit Scrub and buff hard surface 1X Schedule with City for floors approval Strip all tile and linoleum Semi-Annually Schedule with City for floors and apply wax and approval sealer Wipe down elevator walls 1X and ceiling with appropriate streak free cleaner Dust horizontal surfaces up 1X to 70 inches. This includes shelves, moldings, ledges, windowsills, chair rails, furniture tops, file cabinet tops, bookcase tops, picture frames, and similar surfaces. Use a lightly treated cloth, dusting mitts, or dust mop (excludes desktops) Dust horizontal surfaces 1X above 70 inches. This includes shelves, moldings, picture frames ledges, windowsills, pipes, ductwork,vents, etc. Spot clean partition walls Semi-Annually Spot clean as needed between frequencies Empty trash bins (replace 2x trash liners semi-weekly at a minimum) Empty recycling bins 2X Hand clean server room Semi-Annually Schedule with City for floors approval Clean and polish door kick 1X Spot clean as needed plates between frequencies Clean and disinfect all touch 1X points (light switches, door automatic opener controls, door handles, push plates, crash bar apparatus, elevator control push buttons and surroundings etc.) Clean and wet mop 1X stairwells Dust and clean all window Annually Schedule with City for blinds (internal and external approval windows) Clean glass in doors and 1X Spot clean as needed sidelights (both sides) between frequencies Spot clean walls in all areas 1X As needed Clean and disinfect 2X counters, table tops, sinks, fixtures, front of refrigerators and microwaves at kitchens, break areas and Department kitchenettes Clean, damp wipe and dry 2X work area counter surfaces Pour water into floor drains 1X Dust and clean air vents in 1X walls and ceiling Change air fresheners 2X As Needed Clean and disinfect 2X bathroom toilets, sanitary napkin receptacles (and replace liners), urinals, sinks, counters partitions, shelving, dispensers, shower walls and floors Clean bathroom mirrors and 2X bright work Clean and sanitize all 2X bathroom floors Check and refill toilet paper 2X dispensers Machine clean bathroom 1X floors and baseboard (includes buffing) Clean and sanitize drinking 2X fountains Check and refill towel 2X dispensers, soap dispensers, hand sanitizer dispensers, etc. Wash exterior side of Semi-Annually Schedule with City for exterior windows approval Wash the interior side of Annually Schedule with City for exterior windows approval Clean both sides of interior 1X Spot clean as needed wall glass from floor to top between frequencies of door frame height Clean both sides of interior Annually Spot clean as needed wall glass from top of door between frequencies frame height to ceiling Close Out Procedures Ensure all exterior doors are closed and locked;Turn off all lights in each area as the task in the area is complete; All trash and recycling to be placed in designated areas; Cleaning supervisor to inspect daily and ensure all work has been performed according to the contract and leave a check off sheet with signature for City staff every day WRRF Controls General Cleaning Throughout (includes bathrooms) Task Task Frequency Notes Daily Weekly Monthly Quarterly Thoroughly clean and 2X vacuum carpet, mats and rugs using a beater bar/brush type vacuum (includes removing all spots and stains smaller than a dinner plate) Mechanically agitate 1X carpets, mats and rugs Vacuum loose dirt and 2X debris,then remove stains/spills with non- tracking, no-buildup cleaner at hard surface floors Vacuum door thresholds 2X then wipe clean with appropriate cleaner Deep machine extraction of Annually Schedule with City for carpets, mats and rugs with approval mounted unit Scrub and buff hard surface 1X Schedule with City for floors approval Strip all tile and linoleum Semi-Annually Schedule with City for floors and apply wax and approval sealer Dust horizontal surfaces up 1X to 70 inches. This includes shelves, moldings, ledges, windowsills, chair rails, furniture tops, file cabinet tops, bookcase tops, picture frames, and similar surfaces. Use a lightly treated cloth, dusting mitts, or dust mop (excludes desktops) Dust horizontal surfaces 1X above 70 inches. This includes shelves, moldings, picture frames ledges, windowsills, pipes, ductwork,vents, etc. Spot clean partition walls Semi-Annually Spot clean as needed between frequencies Empty trash bins (replace 2X trash liners semi-weekly at a minimum) Empty recycling bins 2X Hand clean server room Semi-Annually Schedule with City for floors approval Clean and polish door kick 1X Spot clean as needed plates between frequencies Clean and disinfect all touch 1X points (light switches, door automatic opener controls, door handles, push plates, crash bar apparatus, elevator control push buttons and surroundings etc.) Dust and clean all window Annually Schedule with City for blinds (internal and external approval windows) Clean glass in doors and 1X Spot clean as needed sidelights (both sides) between frequencies Spot clean walls in all areas Semi-Annually Spot clean as needed between frequencies Clean and disinfect 2X counters, table tops, sinks, fixtures, front of refrigerators and microwaves at kitchens, break areas and Department kitchenettes Clean, damp wipe and dry 2X work area counter surfaces Pour water into floor drains 1X Dust and clean air vents in 1X walls and ceiling Change air fresheners 2X As needed Clean and disinfect 2X bathroom toilets, sanitary napkin receptacles (and replace liners), urinals, sinks, counters partitions, shelving, dispensers, shower walls and floors Clean bathroom mirrors and 2X bright work Clean and sanitize all 2X bathroom floors Check and refill toilet paper 2X dispensers Machine clean bathroom 1X floors and baseboard (includes buffing) Clean and sanitize drinking 2X fountains Check and refill towel 2X dispensers, soap dispensers, hand sanitizer dispensers, etc. Wash exterior side of Semi-Annually Schedule with City for exterior windows approval Wash the interior side of Annually Schedule with City for exterior windows approval Clean both sides of interior 1X Spot clean as needed wall glass from floor to top between frequencies of door frame height Clean both sides of interior Annually Spot clean as needed wall glass from top of door between frequencies frame height to ceiling Close Out Procedures Ensure all exterior doors are closed and locked;Turn off all lights in each area as the task in the area is complete; All trash and recycling to be placed in designated areas; Cleaning supervisor to inspect daily and ensure all work has been performed according to the contract and leave a check off sheet with signature for City staff every day WRRF Lab (non-lab area cleaning only) General Cleaning Throughout (includes elevators and bathrooms) Task Task Frequency Notes Daily Weekly Monthly Quarterly Thoroughly clean and 2X vacuum carpet, mats and rugs using a beater bar/brush type vacuum (includes removing all spots and stains smaller than a dinner plate) Mechanically agitate 1X carpets, mats and rugs Vacuum loose dirt and 2X debris,then remove stains/spills with non- tracking, no-buildup cleaner at hard surface floors Vacuum door thresholds 2X then wipe clean with appropriate cleaner Deep machine extraction of Annually Schedule with City for carpets, mats and rugs with approval mounted unit Scrub and buff hard surface 1X Schedule with City for floors approval Strip all tile and linoleum Semi-Annually Schedule with City for floors and apply wax and approval sealer Wipe down elevator walls 1X and ceiling with appropriate streak free cleaner Dust horizontal surfaces up 1X to 70 inches. This includes shelves, moldings, ledges, windowsills, chair rails, furniture tops, file cabinet tops, bookcase tops, picture frames, and similar surfaces. Use a lightly treated cloth, dusting mitts, or dust mop (excludes desktops) Dust horizontal surfaces 1X above 70 inches. This includes shelves, moldings, picture frames ledges, windowsills, pipes, ductwork,vents, etc. Spot clean partition walls Semi-Annually Spot clean as needed between frequencies Empty trash bins (replace 2X trash liners semi-weekly at a minimum) Empty recycling bins 2X Hand clean server room Semi-Annually Schedule with City for floors approval Clean and polish door kick 1X Spot clean as needed plates between frequencies Clean and disinfect all touch 1X points (light switches, door automatic opener controls, door handles, push plates, crash bar apparatus, elevator control push buttons and surroundings etc.) Clean and wet mop 1X stairwells Dust and clean all window Annually Schedule with City for blinds (internal and external approval windows) Clean glass in doors and 1X Spot clean as needed sidelights (both sides) between frequencies Spot clean walls 1X As needed Clean and disinfect 2X counters, table tops, sinks, fixtures, front of refrigerators and microwaves at kitchens, break areas and Department kitchenettes Clean, damp wipe and dry 1X work area counter surfaces Pour water into floor drains 1X Dust and clean air vents in 1X walls and ceiling Change air fresheners 2X As needed Clean and disinfect 2X bathroom toilets, sanitary napkin receptacles (and replace liners), urinals, sinks, counters partitions, shelving, dispensers, shower walls and floors Clean bathroom mirrors and 2X bright work Clean and sanitize all 2X bathroom floors Check and refill toilet paper 2X dispensers Machine clean bathroom 1X floors and baseboard (includes buffing) Clean and sanitize drinking 2X fountains Check and refill towel 2X dispensers, soap dispensers, hand sanitizer dispensers, etc. Wash exterior side of Semi-Annually Schedule with City for exterior windows approval Wash the interior side of Annually Schedule with City for exterior windows approval Clean both sides of interior 1X Spot clean as needed wall glass from floor to top between frequencies of door frame height Clean both sides of interior Annually Spot clean as needed wall glass from top of door between frequencies frame height to ceiling Close Out Procedures Ensure all exterior doors are closed and locked;Turn off all lights in each area as the task in the area is complete; All trash and recycling to be placed in designated areas; Cleaning supervisor to inspect daily and ensure all work has been performed according to the contract and leave a check off sheet with signature for City staff every day Meridian Pool (May-Oct 1" & 2nd Fir) General Cleaning Throughout (includes elevators and bathrooms) Task Task Frequency Notes Monday Weekly Monthly Quarterly Through Friday Thoroughly clean and X vacuum carpet, mats and rugs using a beater bar/brush type vacuum (includes removing all spots and stains smaller than a dinner plate) Mechanically agitate 1X carpets, mats and rugs Vacuum loose dirt and X debris,then remove stains/spills with non- tracking, no-buildup cleaner at hard surface floors Vacuum door thresholds X then wipe clean with appropriate cleaner Deep machine extraction of NA carpets, mats and rugs with mounted unit Sweep and disinfect all hard X floors Scrub and buff hard surface 1X Schedule with City for floors approval Strip all tile and linoleum NA floors and apply wax and sealer Wipe down elevator walls X and ceiling with appropriate streak free cleaner Dust horizontal surfaces up 1X to 70 inches. This includes shelves, moldings, ledges, windowsills, chair rails, furniture tops, file cabinet tops, bookcase tops, picture frames, and similar surfaces. Use a lightly treated cloth, dusting mitts, or dust mop (excludes desktops) Dust horizontal surfaces 1X above 70 inches. This includes shelves, moldings, picture frames ledges, windowsills, pipes, ductwork,vents, etc. Empty trash bins (replace X trash liners semi-weekly at a minimum) Empty recycling bins 2X Clean and polish door kick 1X Spot clean as needed plates between frequencies Clean and disinfect all touch X points (light switches, door automatic opener controls, door handles, push plates, crash bar apparatus, elevator control push buttons and surroundings etc.) Clean and disinfect X stairwells Dust and clean all window NA blinds (internal and external windows) Clean glass in doors and 1X Spot clean as needed sidelights (both sides) between frequencies Spot clean walls 1X As needed Clean and disinfect X counters, table tops, desk tops, cabinets, credenzas, sinks,fixtures, front of refrigerators, inside and outside of microwaves, coffee machine, etc. throughout Pour water into floor drains 1X Dust and clean air vents in 1X walls and ceiling Change air fresheners 2X As needed Clean and disinfect X bathroom toilets, sanitary napkin receptacles (and replace liners), urinals, sinks, counters partitions, shelving, dispensers, shower walls and floors Clean bathroom mirrors and X bright work Clean and disinfect all X bathroom and locker room floors Clean and disinfect fronts X and insides of all lockers inside the facility Replace shower curtains NA with like curtains Machine clean bathroom 1X floors and baseboard (includes buffing) Steam clean shower floors 1X and walls Clean and sanitize inside X and outside drinking fountains Check and refill towel X dispensers, soap dispensers, hand sanitizer dispensers, etc. Wash exterior side of Annually Schedule with City for exterior windows approval Wash the interior side of 1X exterior windows Clean both sides of interior 1X Spot clean as needed wall glass from floor to top between frequencies of door frame height Clean both sides of interior 1X Spot clean as needed wall glass from top of door between frequencies frame height to ceiling Clean baseboards 1X throughout with damp cloth Vacuum common area X fabric furniture Spot clean common area X fabric furniture Deep machine extraction of Annually Schedule with City for common area fabric approval furniture with mounted unit Clean and sanitize X concessions exterior side of roll up door Clean and sanitize the X concessions serving counter (interior and exterior) Close Out Procedures Ensure all exterior doors are closed and locked;Turn off all lights in each area as the task in the area is complete; All trash and recycling to be placed in designated areas; Cleaning supervisor to inspect daily and ensure all work has been performed according to the contract and leave a check off sheet with signature for City staff every day. Ensure security alarm is activated before leaving the facility. Meridian Pool (Nov-Apr 111 Fir) General Cleaning Throughout (includes elevators and bathrooms) Task Task Frequency Notes Monday Weekly Monthly Quarterly Through Friday Thoroughly clean and 1X vacuum carpet, mats and rugs using a beater bar/brush type vacuum (includes removing all spots and stains smaller than a dinner plate) Mechanically agitate 1X carpets, mats and rugs Vacuum loose dirt and 1X debris, then remove stains/spills with non- tracking, no-buildup cleaner at hard surface floors Vacuum door thresholds 1X then wipe clean with appropriate cleaner Deep machine extraction of NA carpets, mats and rugs with mounted unit Sweep and disinfect all hard 1X floors Scrub and buff hard surface 1X Schedule with City for floors approval Strip all the and linoleum Annually Schedule with City for floors and apply wax and approval sealer Wipe down elevator walls 1X and ceiling with appropriate streak free cleaner Dust horizontal surfaces up 1X to 70 inches. This includes shelves, moldings, ledges, windowsills, chair rails, furniture tops, file cabinet tops, bookcase tops, picture frames, and similar surfaces. Use a lightly treated cloth, dusting mitts, or dust mop (excludes desktops) Dust horizontal surfaces 1X above 70 inches. This includes shelves, moldings, picture frames ledges, windowsills, pipes, ductwork,vents, etc. Empty trash bins (replace 1X trash liners semi-weekly at a minimum) Empty recycling bins 2X Clean and polish door kick 1X Spot clean as needed plates between frequencies Clean and disinfect all touch 1X points (light switches, door automatic opener controls, door handles, push plates, crash bar apparatus, elevator control push buttons and surroundings etc.) Clean and disinfect 1X stairwells Dust and clean all window Annually Schedule with City for blinds (internal and external approval windows) Clean glass in doors and 1X Spot clean as needed sidelights (both sides) between frequencies Spot clean walls 1X As needed Clean and disinfect 1X counters, table tops, desk tops, cabinets, credenzas, sinks,fixtures, front of refrigerators, inside and outside of microwaves, coffee machine, etc. throughout Pour water into floor drains 1X Dust and clean air vents in 1X walls and ceiling Change air fresheners 2X As needed Clean and disinfect 1X bathroom toilets, sanitary napkin receptacles (and replace liners), urinals, sinks, counters partitions, shelving, dispensers, shower walls and floors Clean bathroom mirrors and 1X bright work Clean and disinfect all 1X bathroom and locker room floors Clean and disinfect fronts 1X and insides of all lockers inside the facility Replace shower curtains Annually Coordinate with City with like curtains for approved like curtains Machine clean Dec, Feb Coordinate with City bathroom/shower/locker for approved like rooms floors and baseboard curtains (includes buffing) Steam clean shower floors NA and walls Clean and sanitize inside 1X drinking fountains Check and refill towel X dispensers, soap dispensers, hand sanitizer dispensers, etc. Wash exterior side of NA exterior windows Wash the interior side of 1X exterior windows Clean both sides of interior 1X Spot clean as needed wall glass from floor to top between frequencies of door frame height Clean both sides of interior 1X wall glass from top of door frame height to ceiling Clean baseboards NA throughout with damp cloth Vacuum common area NA fabric furniture Spot clean common area NA fabric furniture Deep machine extraction of NA common area fabric furniture with mounted unit Clean and sanitize NA concessions exterior side of roll up door Clean and sanitize the NA concessions serving counter (interior and exterior) Close Out Procedures Ensure all exterior doors are closed and locked;Turn off all lights in each area as the task in the area is complete; All trash and recycling to be placed in designated areas; Cleaning supervisor to inspect daily and ensure all work has been performed according to the contract and leave a check off sheet with signature for City staff every day. Ensure security alarm is activated before leaving the facility. Meridian Pool (Nov-Apr 2nd Fir) General Cleaning Throughout (includes elevators and bathrooms) Task Task Frequency Notes Monday Weekly Monthly Quarterly Through Friday Thoroughly clean and 3X M, W, F vacuum carpet, mats and rugs using a beater bar/brush type vacuum (includes removing all spots and stains smaller than a dinner plate) Mechanically agitate 1X carpets, mats and rugs Vacuum loose dirt and 3X M, W, F debris,then remove stains/spills with non- tracking, no-buildup cleaner at hard surface floors Vacuum door thresholds 3X M, W, F then wipe clean with appropriate cleaner Deep machine extraction of Annually Schedule with City for carpets, mats and rugs with approval mounted unit Sweep and disinfect all hard 1X floors Scrub and buff hard surface 1X Schedule with City for floors approval Strip all tile and linoleum Annually Schedule with City for floors and apply wax and approval sealer Wipe down elevator walls 1X and ceiling with appropriate streak free cleaner Dust horizontal surfaces up 1X to 70 inches. This includes shelves, moldings, ledges, windowsills, chair rails, furniture tops, file cabinet tops, bookcase tops, picture frames, and similar surfaces. Use a lightly treated cloth, dusting mitts, or dust mop (excludes desktops) Dust horizontal surfaces 1X above 70 inches. This includes shelves, moldings, picture frames ledges, windowsills, pipes, ductwork,vents, etc. Empty trash bins (replace 3X M, W, F trash liners semi-weekly at a minimum) Empty recycling bins 2X Clean and polish door kick 1X Spot clean as needed plates between frequencies Clean and disinfect all touch 3X M, W, F points (light switches, door automatic opener controls, door handles, push plates, crash bar apparatus, elevator control push buttons and surroundings etc.) Clean and disinfect 3X M, W, F stairwells Dust and clean all window Annually Schedule with City for blinds (internal and external approval windows) Clean glass in doors and 3X M, W, F Spot clean as sidelights (both sides) needed between frequencies Spot clean walls 3X M, W, F Spot clean as needed between frequencies Clean and disinfect 3X counters, table tops, desk tops, cabinets, credenzas, sinks,fixtures, front of refrigerators, inside and outside of microwaves, coffee machine, etc. throughout Pour water into floor drains 1X Dust and clean air vents in 1X walls and ceiling Change air fresheners 2X As needed Clean and disinfect 3X M, W, F bathroom toilets, sanitary napkin receptacles (and replace liners), urinals, sinks, counters partitions, shelving, dispensers, shower walls and floors Clean bathroom mirrors and 3X M, W, F bright work Clean and disinfect all 3X M, W, F bathroom and locker room floors Clean and disinfect fronts NA and insides of all lockers inside the facility Replace shower curtains NA with like curtains Machine clean Dec, Feb Coordinate with City bathroom/shower/locker for approved like rooms floors and baseboard curtains (includes buffing) Steam clean shower floors NA and walls Clean and sanitize inside 3X M, W, F drinking fountains Check and refill towel 3X M, W, F dispensers, soap dispensers, hand sanitizer dispensers, etc. Wash exterior side of NA exterior windows Wash the interior side of 1X exterior windows Clean both sides of interior 1X Spot clean as needed wall glass from floor to top between frequencies of door frame height Clean both sides of interior 1X wall glass from top of door frame height to ceiling Clean baseboards NA throughout with damp cloth Vacuum common area 3X M, W, F fabric furniture Spot clean common area NA fabric furniture Deep machine extraction of Annually Schedule with City for common area fabric approval furniture with mounted unit Clean and sanitize NA concessions exterior side of roll up door Clean and sanitize the NA concessions serving counter (interior and exterior) Close Out Procedures Ensure all exterior doors are closed and locked; Turn off all lights in each area as the task in the area is complete; All trash and recycling to be placed in designated areas; Cleaning supervisor to inspect daily and ensure all work has been performed according to the contract and leave a check off sheet with signature for City staff every day. Ensure security alarm is activated before leaving the facility. EXHIBIT C MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $464,307.93. LOCATION MONTHLY COST ANNUAL COST City Hall Complex $ 12,872.40 $ 154,468.80 Police Station Admin Building $6,521.00 $ 78,252.00 Police Station - K-9 Building $ 208.00 $ 2,496.00 Police Station Public Safety Training Center PSTC) $ 2,555.00 $ 30,660.00 Police Station Scenario Village $ 370.00 $ 4,440.00 Water Administration $ 712.00 $ 8,544.00 Wastewater Resource Recovery Facility— Admin Building $ 1,554.00 $ 18,648.00 Wastewater Resource Recovery Facility Controls Building $ 874.00 $ 10,488.00 Wastewater Resource Recovery Facility Lab Building (only area s ecified) $ 534.00 $6,408.00 Parks and Recreation Maintenance Building $ 372.00 $ 4,464.00 Parks and Recreation Homecourt $ 9,373.00 $ 112,476.00 Community Center $ 911.00 $ 10,932.00 Fire Station 1 $ 60.51 $ 726.09 Fire Station 2 $ 57.98 $ 695.79 Fire Station 3 $ 57.98 $ 695.79 Fire Station 4 $ 57.98 $ 695.79 Fire Station 5 $ 57.98 $ 695.79 Fire Station 6 $ 60.51 $ 726.09 Fire Safety Center $ 57.98 $ 695.79 Meridian Pool $ 1,425.00 $ 17,100.00 Additional Services Supervisor $ 29.55/hr Custodian $ 26.15/hr Day Porter $ 26.15/hr Callout Services / $ 250.00/hr COVID clean Emergency $ 150.00/hr Calls Total billable hourly rate for janitorial services, inclusive of all costs, including materials, equipment, supplies, labor, taxes, overhead, and any other cost necessary for the completion of work with the exception of supplies for stocking dispensers. CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 8/18/2022 REQUESTING DEPARTMENT PW Project Name: Janitorial Services FY2023-FY2027 Project Manager: Max Jensen Contract Amount: $464,307.93 Contractor/Consultant/Design Engineer: KBS, LLC Is this a change order? Yes ❑ No ❑ Change Order No. N/A II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: Multi Budget Available(Purchasing attach report): Department Multi Yes ❑� No ❑ Construction ❑ GL Account FY Budget: 2023 Task Order ❑ Project Number: 10150.A Enhancement: Yes ❑ No ❑ Professional Service ❑ Equipment ❑ Will the project cross fiscal years? Yes❑ No ❑ Grant ❑ IV. PROCUREMENT USE ONLY-GRANT INFORMATION(to be completed only on Grant funded projects) Grant#: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status(Federal Funded) N/A N/A N/A N/A Print and Attach the determination Print,attach and amend bid by addendum(if changed) www.sam.gov Print and attach V. BASIS OF AWARD BID RFP/RFQ TASK ORDER Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category (Bid Results Attached) Yes ❑ No ❑ (Ratings Attached) Yes 0 No Date MSA Roster Approved: Typical Award Yes 0 No ❑ If no please state circumstances and conclusion: Date Award Posted: 8/12/2022 7 day protest period ends: August 19,2022 VI. PROCUREMENT USE ONLY-CONTRACTOR/CONSULTANT REQUIRED INFORMATION PW License N/A Expiration Date: N/A Corporation Status Active-Existing Insurance Certificates Received(Date): Expiration Date: Rating: Payment and Performance Bonds Received(Date): 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: Enter Supervisor Name Date Approve Vill. PROCUREMENT USE ONLY- AWARD INFORMATION Date Submitted to Clerk for Agenda: August 18,2022 Approval Date 9-6-2022 By: City Council Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final V IDIAN� AGENDA ITEM ITEM TOPIC: License Agreement Between the State of Idaho, Three Corners Subdivision Property Owners Association, Inc., and the City of Meridian Regarding Water Pump Usage Mayor Robert E. Simison E City Council Members: IDIAN*4-�- Treg Bernt Brad Hoaglun Joe Borton Jessica Penrreault D A H 0 Luke Cavener Liz Strader MEMORANDUM TO: Mayor Simison and City Council FROM: Mike Barton,Parks Superintendent DATE: August 22,2022 RE: License Agreement for Water Pump Usage Background One June 1,2021 Council approved cooperative agreement with ITD to maintain a landscaping strip along the newly widened highway 20/26 between Locust Grove and Eagle Rd. We agreed to maintain the landscaping, sprinklers, and existing well, as long as ITD installed the grass and sprinklers. ITD installed the sprinklers and then discovered the existing well would not produce enough water to run the newly installed sprinklers. It was not in ITD's project budget to drill a new well,and potable water is not readily available, so we suggested to let us try and work on an agreement to transfer water and connect to the neighboring subdivision's(Three Corners HOA)pressurized irrigation. We have successfully transferred water shares and negotiated a pump usage agreement with Three Corners HOA which will allow ITD to complete this beautification project. Action We are requesting approval of the attached License Agreement for Water Pump Usage. When Recorded Mail To: CITY OF MERIDIAN 33 E. Broadway Avenue Meridian ID 83642 Attn: City Clerk LICENSE AGREEMENT FOR WATER PUMP USAGE This LICENSE AGREEMENT FOR WATER PUMP USAGE ("Agreement") is made effective this 6th day of September, 2Z by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Three Corners Subdivision Property Owners Association, Inc., a non-profit corporation organized under the laws of the State of Idaho ("Three Corners"). City and Three Corners may be collectively referred to as "Parties." WHEREAS, Three Corners owns Ada County parcel no. R8442240120, legally described as Township/Range/Section 4NIE29, Ada County, Idaho, a common lot generally depicted in Exhibit hereto, upon which parcel there is situated a water pump, also owned by Three Corners (collectively, "Licensed Premises"); WHEREAS, City has agreed, pursuant to the agreement attached hereto as Exhibit B, to maintain the landscaping and irrigation systems installed by the Idaho Transportation Department ("ITD") along the south side of Chinden Boulevard, from Locust Grove Road to Boise city limits, as shown on Exhibit C("Landscaping"); WHEREAS, water used to irrigate the Landscaping will be collected in a drainage Swale owned by ITD and diverted to Three Comers's pond, as shown on Exhibit C hereto, which pond is the source of water from which Three Comers's water pump pumps water; WHEREAS,pursuant to the terms of this Agreement, Three Corners is willing to allow ITD to connect, in a manner and using components approved by Three Corners,the sprinkler system that irrigates the Landscaping to Three Comers's water pump on the Licensed Premises, and thereafter to allow City to receive water from Three Comers's water pump for the purpose of irrigating the Landscaping; WHEREAS, it is mutually beneficial for both Parties for Three Corners to allow City to use the water pump for the purposes set forth in this Agreement; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Grant of license. Three Corners hereby grants to City, as grantee, a non-exclusive license, for the limited purposes of: a. Installing upon Three Comers's water pump a connection from the pump to an irrigation system to be used to irrigate the Landscaping, as set forth in Exhibit C; and LICENSE AGREEMENT FOR WATER PUMP USAGE PAGE 1 OF 3 b. Using water from Three Comers's water pump for the purpose of irrigating the Landscaping throughout the term of, and subject to the conditions of, this Agreement. 2. Term and termination. This Agreement shall continue in perpetuity and shall remain in effect unless and until terminated by either party, upon ninety (90) days' written notice. 3. Irrigation Season, defined. "Irrigation Season," as such term is used herein, shall mean the time between the date in the spring on which Settler's Irrigation District opens its canal system for the purpose of irrigation, and the date in the fall on which Settler's Irrigation District closes its canal system. 4. Payment of proportionate costs.City shall pay Three Corners for: a. The proportionate share of the water from the pump that is used for irrigating the Landscaping, to be calculated at the rate of 2 units per irrigation season; b. The proportionate share of electricity necessary to run Three Comers's pump; c. The proportionate share of routine repairs and maintenance necessary to keep Three Comers's pump and related components in good working order; d. An annual $100 administration fee for collecting and compiling the analysis required to create the detailed invoice(s); and e. The proportionate share of increased insurance costs directly related to this agreement(if any). City's total annual payment to Three Corners shall not exceed one thousand dollars ($1,500) without written amendment of this Agreement. 5. Method of payment. By November 1 of each year, Three Corners shall submit to City a detailed invoice for City's proportionate share of annual costs as set forth herein. Alternatively, at the sole discretion of Three Corners, by July 15 and November 1 of each year, Three Corners shall submit to City two (2) detailed invoices for City's proportionate share of costs, as set forth herein, to each date. City shall pay such costs within thirty (30) days of Three Comers's detailed invoice therefor. 6. Accounting required. Three Corners shall, with reasonable notice, allow City to inspect or have a copy of its records regarding the costs of operating the pump and the water issuing therefrom. Such records, subject to available data, shall adequately show the amount and cost of water from the pump that is used for all applications,the amount and cost of water from the pump used for the Landscaping, the amount and cost of all electricity necessary to run the pump, and the nature and cost of all maintenance and repairs. 7. Irrigation programming. It is acknowledged by City that Three Corners will maintain control over the irrigation system at all times and will be responsible for selecting and programming the irrigation timeslots and length of watering throughout each irrigation season. Such selection and programming shall depend on the availability of water during the Irrigation Season for the purposes set forth in this Agreement. 8. Availability of water. City acknowledges that availability of water for this purpose is dependent on the amount of water in the Three Corners pond. Following written notice to City, Three Corners may use both city-provided potable water and irrigation water to fulfill its obligations under this Agreement throughout the course of an Irrigation Season and City will be subject to the costs thereof. Three Corners does not guarantee ability to pump water to Landscaping. In situations where service is interrupted, Three Corners will attempt to remedy in a best effort manner. LICENSE AGREEMENT FOR WATER PUMP USAGE PAGE 2 OF 3 9. Non-Appropriation. Three Corners acknowledges that City is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of City's statutory mandate. Notwithstanding anything in this Agreement to the contrary, City's obligations under this Agreement to provide payment to Three Corners as described herein shall be subject to and dependent upon appropriations being made by City Council for such purpose. 10. Insurance. Each party shall obtain all necessary insurance as may be required in order to protect its respective insurable interests as may be related to its rights and obligations described within this Agreement. 11. Force Majeure.No Party will be liable for failure to perform any duty under this Agreement where such failure is due to or made impracticable by unforeseeable causes beyond the Parties' control and without the fault or negligence of the Parties, including, but not restricted to, acts of God or the public enemy, fire, flood, natural disaster, epidemic, strike, or order of any court or authorized agency. 12. Binding on Successors. This Agreement shall be binding on the successors, administrators, executors and assigns of all parties hereto, and shall run with the land. 13. Assignment. Neither party shall sell, transfer, or assign its interest in this Agreement without first providing written notice to the other party, except that City may assign to ITD and/or its contractor(s) the City's interest as conveyed in section (1)(a) of this Agreement without further notice to Three Corners. 14. Notices. All notices, demands and requests required or desired to be given under this Agreement must be in writing and shall be deemed to have been provided as of the date such writing is mailed, via U.S. Mail, prepaid and addressed, if to Three Corners to such organization's most recently, registered agent as enumerated in the records of the Idaho Secretary of State, or, if to City, to Meridian City Clerk, 33 E. Broadway Avenue, Meridian, Idaho, 83642. 15. 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. 16. 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. 17. 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. 18. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. LICENSE AGREEMENT FOR WATER PUMP USAGE PAGE 3 or 3 19. Warranty of authority. The person executing this Agreement on behalf of Three Corners represents and warrants due authorization to do so on behalf of same, and that upon execution by both Parties, this Agreement shall be binding upon, and shall inure to the benefit of, both Parties. IN WITNESS WHEREOF,the undersigned have caused this Agreement to be executed the day and year first written above. THREE CORNERS: Three Corners Property Owners' Association LLC `►►►IIIIIfI��� By: Gregg B&zen, President s ? �pTAqp • N Three Corners Subdivision Property Owners Association, Inc. _ i --••— } Its: President STATE OF IDAHO ) �i���F OF pPX )ss COUNTY OF ADA ) On this_ _ day of_August_, 2022,before me,_}ZG��1 C M f.� , a Notary Public in and for said State, personally appeared Gregg Bengtzen, known or identified tome to be the person who executed the instrument on behalf of Three Corners Subdivision Property Owners Association, Inc., and acknowledged to me that such person 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. w Notary Public for Idaho U L Residing at_ a rrua 7m do- ` o My commission expires— be-e ►n . a o;2-3 CITY: City of Meridian ATTEST: Robert E. Simison, Mayor 9-6-2022 Chris Johnson, City Clerk 9-6-2022 STATE OF IDAHO ) )ss. COUNTY OF ADA ) On this 6th day of September , 2022, before me,the undersigned,a Notary Public in and for said State, personally appeared ROBERT E. SIMISON and CHRIS JOHNSON, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public%Ida o Residing at IVlen Ian, ID My commission expires 3-28-2028 LICENSE AGREEMENT FOR WATER PUMP USAGE PAGE 4 OE 3 may, FmISAM I D Ike- 31`` rZ 42 in o- d � (D � J J N Sw.eet`Jaiie;PI v 3 zm o� N CD C m - _ m a { r' 00 < hJ-'Jr n Dr o m O 11 _ COD GId s 7 ! I vN o� El fD ;n �F-I El � N O m O N O N •` = iU 7 0 — (D CL p N w o D v o o v y^ N N a N y 7 =r = N a .� 3 fA m `< y _ o O O In a } O m m O , D E3 a CO m� rn A t77 I tT�' o N v O O O m N 1 - N Item#10. Mayor Robert E. Sinlison E I DIAN City Council Members: �� Treg Bernl Brad Hoaglun Joe Borton Jessica Perreault > O Luke Cavener Liz Strader MEMORANDUM TO: Mayor Sinlison and City Council FROM: Mike Barton, Parks Superintendent DATE: May 21, 2021 RE: Cooperative Agreement -Landscaping Maintenance The State has completed a project to Nvidcn US20/26 fironl Locust Grove Road to Eagle Road, identified as project no. A019944. At the request of the City, the State has installed a multi-tlsc path on the Meridian side that is separated From the curb. The City has requested this buffer area boween the curb and the path be landscaped. The State has agreed to install landscaping (sod and sprinklers)at no cost to the City, provided the City will maintain the strip. The area to be maintained by the City is 1,000 feet long,and is only in firont of county parcels."file rest of the strip is in trout of already developed property and will be maintained by those owners.Should the 4 parcels adjacent to tills strip redevelop, the landscaping will be maintained by the new owner/HOA. The yearly cost to nlow, irrigate, and fertilize this strip is S4,500 and is already in our proposed FY22 base bud-et. We respectfully rcqucst approval of the attached cooperative a�irrecnlcnt_ Page 243 COOPERATIVE AGREEMENT (LANDSCAPING MAINTENANCE) PROJECT NO. A019 (944) US20/26, LOCUST GROVE TO EAGLE ROAD KEY NO. 19944 PARTIES THIS AGREEMENT is made and entered into this ISt day of JU11C 2021 by and between the IDAHO TRANSPORTATION DEPARTMENT, hereafter called the State, and the CITY OF MERIDIAN, hereafter called the City. PURPOSE The State has programmed a project to widen US20/26 from Locust Grove to Eagle Road, identified herein as Project No. A019 (944) , Key No. 19944 . The project includes installation of landscaping and sprinkler systems as shown on the attached Exhibit A. The City has agreed to provide maintenance of the landscaping and sprinkler system installed as part of the project. This Agreement will set out the terms of this arrangement. Authority for this Agreement is established by Section 40-317 of the Idaho Code. The Parties agree as follows: 1 . The State will design and construct this project, including landscaping and sprinkler system as shown on the attached Exhibit A. 2 . The City will, upon completion of construction, assume responsibility for maintaining the landscaping and sprinkler system along with the existing well, as follows : • Operate and maintain the sprinkler systems . Maintain sprinklers so that they do not wet the roadway. • Maintain landscaping in a healthy condition, adequately watered and fertilized. • Utilize State approved highway safety procedures for City personnel during all phases of landscape maintenance. 3. This Agreement shall become effective on the first date mentioned above and shall remain in full force and effect until Cooperative Agreement (Landscaping) US20126, Locust Grove to Eagle Fed Page Fev No. 19944 amended or replaced upon the mutual written consent of the City and the State. EXECUTION This Agreement is executed for the State by its District Engineer and executed for the City by the Mayor, attested to by the City Clerk, with the imprinted corporate Seal of the City of Meridian. IDAHO TRANSPORTATION DEPARTMENT District Engineer ATT�ST: .' ` -, CITY OF MERIDIAN sr 1. l -- City Clerrk Chris Johnson 6-1-2021 Mayor Robcrt•E. Simison 6-1-2021 (Seal) By regular meeting on 6-1-2021 Cooperative agreement (Landscaning) US20126, Locust Grove to Eagle Rd Kev '.lo. 19944 cf: 19944 Coop Meridian.docx RESOLUTION WHEREAS, the Idaho Transportation Department, hereafter called the STATE, has submitted an Agreement stating obligations of the STATE and the CITY OF MERIDIAN, hereafter called the CITY, for maintenance of landscaping on US20/26 from Locust Grove to Eagle Road; and WHEREAS, the STATE is responsible for obtaining compliance with laws, standards and procedural policies in the development, construction and maintenance of improvements made to the Federal-aid Highway System when there is federal participation in the costs; and NOW, THEREFORE, BE IT RESOLVED: 1 . That the Agreement for Federal Aid Highway Project A019 (999 ) is hereby approved. 2 . That the Mayor and the City Clerk are hereby authorized to execute the Agreement on behalf of the CITY. 3 . That duly certified copies of the Resolution shall be furnished to the Idaho Transportation Department . CERTIFICATION I hereby certify that the above is a true copy of a Resolution passed at a regular, dilly called special (X-out non-applicable term) meeting of the City Council, City of Mer}dian TeTc- on .tune 1 St � 2021 .�� r '111 1' I ,�1a 1M1f, SEAL �.i City C1r Vrk Chris Johnson 0-1-2021 Cooperative Agreernent (Landscaping) Us20/2G, Locust Grove to Eagle Rd Key ido. l anq:1 Page 3 Tl W. R1E, 3.:!. SEC ( , US 20/26 LU� wL' o r M 1 0 rrr7' i I NE" 0 I } U 1 SEA. 77 0 J . 1 Scole:1"_8CV 1 1 1 } 1 5 _ II (Evis(inc, 'NCIb 7'=J'sCr wi;' SOC Ontl Spf^Stars 7 I rigo;eltl Fr3m Acre=)) 'I Kj w US 20 26 111,w , I ./W _ — /( far=�'�ti p I I'c eel3 � I'e�eel?J f ontl I c C2z a •r G( ^!•fja sDACily, o� Y critliOn County Cc r.,.y LEGEND mo.'nle-once nroo (`" Sp,'�4eri) EairainG Wr.11 t US 20126, Chlndenp Locust Grove to Eagle Idaho Transportation Department Cooperative Agreement (Landscaping) US20/26, Locust Grove to Eagle Rd Key No. 19999 41 r Page 9 h e� �q o: .-cam s z� 46 `g a�`e, Gi � Ury y; -., t -l i SEISNISEC 20 1 SE+SII+SEC 20 I 2124IIA ROES WATTLE `.• c� i of Lllll f*I T4H'RIE,B.M. 23100 FT iB7•)O W 195 W RI•)B5 80.+0 3) 212.095A ? i 5:6WFT]&90.06RJ.171%.W PJ•7C6.160 Dan, + ]t D. ,SSW FT)8+•7,S8115505 Al ni e ) sOFr75•)6,n I]A RI 783 784 786 7 8 )8+ a,.16saaR l 7141 O2RI 1S W FT V44.620934)PIU20/258 eerpan - F� 5N••1,for r ,1.WFT )813).O I,aNPI- SprirAlfra:1 i 0J 260 2 0 N•.5•e Naesl iw )85.7).02(15,.55R) 21J-OOSA i� 16].W Ft)D5.%]1165ea RJ 212.093A 6 51-OIOA %WFr `owR00993.10 R)-787.00W G i Jss ,�- 1 )>T a 6 fs( 212.09 .EA SA INLET PROTECTION j I 7a$.+:IwsaWR 1 WEA "S.W003OWL -w 21}MA TOPSOILI6'1 6+.WCY 782.50.006a 8)R1-700DOO I.WR) i p0 I,1 L-7 W CY 741.01.11 1 W 50 RJ-7C6.3175 •� Yil1( (318 DO RI i LimiU P7 +7T.W LY 78+.19 65 1152 9B R)• D:f lvDanf• )a5.99J51117 82 RI 13 W CY )8G.10D0.7D7.000066 MA L'z7i19 0l S912.05G 212.OIIA 31.WCY 78G.21.14 )a).07807GWR i Dn IWDOnCI 213-005A 621.OWA SEED aED PREPARATI011 21J-OOS.A 'V 621-OOSA 028ACRE)6B.01.11 I80.YJ R1-716•]I.)5 621.00SA •p •-• I]18W RI 621.OIOA 052ACRE 76,.19 65 1152 05 R1. 62I.010B 621.OISA )aS.97.S0I10].02 RI 621.015A 621.035A 621-035A OWACRE 766.21.14.787•COW)6WR "'"'SEC 29 �• IESNa�SEC 29 N14MA SEED INO(TYPE I) I':.-•• 003 ACRE 76G.21.14-7,87.CO W 76 W R 6214100 S EEO INN.ITYP E 2) D 2B ALRE 79+.01.11 I W.50 RI-785.2175 (71I W RI •, •••' 212-OIJA 0 U ACRE 701,15651152.0a A) )a5.93561157.0-RI 62141SA MULCHING 02BACRE 784.01.111895011)-]86.31.]s j 716WR1 • 0 52 ACRE)N•19.651152.9B RI• ]a3.995611S762 RJ 003 ACRE Tab.2114.767.CO W)6 COS . 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F� STIL 791•00 TO STA.795.00 M. 1-arametrlx OF 275 ?A-de L- q E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Memorandum of Agreement with West Ada Recreation District (WARD) and City of Meridian Regarding Mural on East Facing Wall of Meridian Pool MEMORANDUM OF AGREEMENT BETWEEN WESTERN ADA RECREATION DISTRICT AND CITY OF MERIDIAN FOR DESIGN AND INSTALLATION OF MURAL This MEMORANDUM OF AGREEMENT BETWEEN WESTERN ADA RECREATION DISTRICT AND CITY OF MERIDIAN FOR DESIGN AND INSTALLATION OF MURAL ("Agreement"), is made and entered into this 6th day of September 2022 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and the Western Ada Recreation District, a recreation district organized under the laws of the State of Idaho ("WARD") (collectively, "Parties"). WHEREAS,the Parties mutually desire to foster a vibrant community, establish a sense of place and local identity, attract visitors to Meridian, and beautify public spaces; WHEREAS,to that end, City intends to dedicate funds for the design and installation of a public art mural at 213 E. Franklin Road, in Meridian, Idaho, Ada County parcel no. S1118223084 ("Property"); specifically, on the Northeast-facing exterior wall of the building; WHEREAS,WARD owns the Property, and has agreed to make the Northeast-facing exterior wall of the building available to the City for the installation of a public art mural ("Mural"),by an artist to be selected by and under contract with City("Artist"); WHEREAS,the Parties seek by this Agreement to memorialize the process by which the mural will be installed, establish the terms and conditions of City's investment in this partnership, and establish each Parry's expectations for the design, installation, ownership, maintenance, and longevity of the mural; 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.WARD'S RESPONSIBILITIES A. Public Art Easement. At the time specified in the process set forth in Exhibit A, WARD shall convey to City a Public Art Easement, as set forth in the Public Art Easement Agreement attached hereto as Exhibit B, for the installation of the Mural at Property. By signing this Agreement, WARD acknowledges and agrees that City will, in reliance on WARD's covenant to convey the Public Art Easement, engage the Artist to design and install Mural, a public art installation custom-designed specifically for installation on the south- facing exterior wall of the building at Property. Prior to execution of this Agreement, WARD shall carefully review the Public Art Easement Agreement set forth in Exhibit B, shall consult WARD's legal counsel regarding same, and shall fully negotiate all terms of the Public Art Easement prior to the execution of this Agreement. WARD's execution of this Agreement shall signify WARD's covenant to execute the Public Art Easement Agreement in the form set forth in Exhibit B. If, following the execution of this Agreement,WARD MEMORANDUM OF AGREEMENT BETWEEN CITY AND WESTERN ADA RECREATION DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE I DocuSign Envelope ID:8A693627-EODE-404A-AB44-3364DBC99CD3 declines to execute the Public Art Easement Agreement exactly as set forth in Exhibit B, WARD shall reimburse City for all expenses incurred and obligations made by City in reliance on WARD's commitment to execute same, including,but not limited to, any and all amounts paid to Artist for design and/or installation of the Mural at Property. This provision shall survive the termination of this Agreement. B. WARD Contact. WARD shall designate an individual to serve as WARD Contact, which individual shall consult with City and Artist throughout the design and installation of the Mural, and shall be authorized to make decisions on behalf of WARD related to design and installation of the Mural. C. Process. WARD has reviewed, acknowledges,understands, and agrees to participate in the partnership process generally as set forth in Exhibit A hereto. I.CITY'S RESPONSIBILITIES. A. City Contact. City shall designate an individual to serve as City Contact, which individual shall consult and liaise with WARD and Artist throughout the design and installation of the Mural, and shall be authorized to make decisions on behalf of City related to design and installation of the Mural. B. Manage process. City shall manage and participate as needed in the public-private mural partnership process generally as set forth in Exhibit A hereto. C. Agreements, resolution. City shall: 1. Prepare, and with Artist negotiate and execute, a master agreement with the Artist establishing terms and conditions of services to be provided in the design and installation of public art murals, which agreement shall be generally in the form as set forth in Exhibit C hereto. 2. Prepare, and with Artist negotiate and execute, a task order with the Artist for the design of the Mural to be installed at Property, which agreement shall be generally in the form as set forth in Exhibit D hereto. 3. Prepare, and with Artist negotiate and execute, a task order with the Artist for the installation of the Mural at Property, which agreement shall be generally in the form as set forth in Exhibit E hereto. 4. Prior to the execution of this Agreement, negotiate and finalize with WARD, the agreed- upon terms of the Public Art Easement Agreement which agreement shall be in the specific form and contain the specific content as set forth in Exhibit B, and, following execution of the task order for installation of the Mural, shall attach such installation task order to the Public Art Easement Agreement as an exhibit thereto. Following the Parties' execution of the Public Art Easement Agreement and attachment of the installation task order as an exhibit thereto, City shall record the Public Art Easement against the Property. 5. Prepare and, with Artist, negotiate and execute, Mural acceptance agreement establishing terms and conditions of City's acceptance of final Mural, which agreement shall be MEMORANDUM OF AGREEMENT BETWEEN CITY AND WESTERN ADA RECREATION DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 2 DocuSign Envelope ID:8A693627-EODE-404A-AB44-3364DBC99CD3 generally in the form as set forth in Exhibit F hereto. City shall prepare the City Council resolution signifying City's approval of the Mural as installed. Except insofar as may be specifically established therein, WARD shall not be a party or third party beneficiary to these agreements. III.GENERAL PROVISIONS. A. City and WARD Contacts. The Parties hereby designate the following individuals to serve as the City Contact and WARD Contact, respectively: City Contact: WARD Contact: Cassandra Schiffler, Arts & Culture Coordinator Shaun Wardle cschiffler@meridiancity.org shaunwardle@yahoo.com B. Notice. Communication between City Contact and WARD Contact may occur via e-mail or telephone. All other notices required to be given by either of the Parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: If to City: If to WARD: City Clerk, City of Meridian Western Ada Recreation District 33 E. Broadway Avenue 213 E. Franklin Road Meridian, Idaho 83642 Meridian, ID 83642 C. Term. This Agreement begins immediately upon the Effective Date and shall expire upon recording of the fully executed Public Art Easement Agreement,unless earlier terminated as set forth herein. D. Non-appropriation. Notwithstanding any other provision of this Agreement, City shall not be obligated by any provision of this Agreement unless and until the Meridian City Council appropriates adequate funds for this Agreement in the City's budget for the applicable fiscal year. In the event that funds are not appropriated necessary to meet City's obligations under this Agreement, this Agreement shall be terminated. City shall notify WARD of any such non-appropriation of funds at the earliest practicable date. E. Assignment. Neither party shall assign or sublet all or any portion of its respective interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of the other party. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representative, successors, and assigns of the Parties. F. No agency. For purposes of or in furtherance of this Agreement, neither party nor its respective employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered agents of the other in any manner or for any purpose whatsoever. G. Hold harmless. For purposes of or in furtherance of this Agreement, each party and each of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, shall save and hold harmless the other party from and for any and all losses, claims, actions, MEMORANDUM OF AGREEMENT BETWEEN CITY AND WESTERN ADA RECREATION DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 3 DocuSign Envelope ID:8A693627-EODE-404A-AB44-3364DBC99CD3 judgments for damages, or injury to persons or property and losses and expenses caused or incurred by either party or any employee, agent, contractor, official, officer, servant, guest, and/or invitee thereof. H. Compliance with laws. In performing the scope of services required hereunder, City and WARD shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. I. Attorney Fees. Should any litigation be commenced between the Parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a court of competent jurisdiction. This provision shall be deemed to be a separate contract between the Parties and shall survive any default, termination or forfeiture of this Agreement. J. Termination. 1. Grounds. Grounds for termination of this Agreement shall include, but shall not be limited to: non-appropriation of funds necessary to meet City's obligations under this Agreement; an act or omission by either party which materially breaches any term of this Agreement; an act of nature or other unforeseeable event which precludes or makes impossible the performance of the terms of this Agreement by either party; or a change in or occurrence of circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. 2. Process. Either party may terminate this Agreement by providing thirty (30) days' notice of intention to terminate. Such notice shall include a description of the breach or circumstances providing grounds for termination. A fourteen(14) day cure period shall commence upon provision of the notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this Agreement may be terminated upon mailing of notice of termination. K. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. L. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. M. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and WARD. The Parties signatory hereto MEMORANDUM OF AGREEMENT BETWEEN CITY AND WESTERN ADA RECREATION DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 4 DocuSign Envelope ID:8A693627-EODE-404A-AB44-3364DBC99CD3 represent and warrant that each is duly authorized to bind,respectively, City and WARD to this Agreement in all respects. N. Entire Agreement. This Agreement contains the entire agreement of the Parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. 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. WESTERN ADA RECREATION DISTRICT 5" ujarkt, Shaun Wardle, Chair CITY OF MERIDIAN: BY: Robert E. Simison, Mayor 9-6-2022 Attest: Chris Johnson, City Clerk 9-6-2022 MEMORANDUM OF AGREEMENT BETWEEN CITY AND WESTERN ADA RECREATION DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 5 DocuSign Envelope ID:8A693627-EODE-404A-AB44-3364DBC99CD3 EXHIBIT A MURAL PARTNERSHIP PROCESS OVERVIEW STEP RESPONSIBLE PARTY TASK 1 City(Arts&Culture Coordinator) Identify potential partners to participate in partnership for installation of murals on suitable buildings 2 City(City Attorney's Office) Prepare proposed memorandum of agreement with partner Property Owner establishing terms and conditions of design and installation of the mural and Public Art Easement Agreement 3 City(City Attorney's Office)and Negotiate Public Art Easement Agreement; negotiate and Property Owner execute memorandum of agreement 4 City(Arts&Culture Coordinator) Issue request for qualifications(RFQ)for mural artists; match selected Artist with partner Property Owner Note: This step is complete; Sector Seventeen is the artist who will design and install the mural. 5 City(City Attorney's Office) Prepare task order for mural design 6 City(City Attorney's Office)and Negotiate and execute task order for mural design Artist 7 City(Arts&Culture Coordinator, Collaborative exchange between Property Owner,Artist, Meridian Arts Commission),Property and City per process set forth in design task order; Artist Owner, and Artist delivers final mural design 8 City(Meridian Arts Commission) Review and make recommendation regarding final mural design 9 City(City Attorney's Office Prepare task order for mural installation 10 Property Owner and Artist If Property Owner requires written agreement with, and/or proof of insurance from,Artist for mural installation: Negotiate and execute terms(City will not participate) 11 City(City Attorney's Office)and Negotiate and execute task order for mural installation; Artist City Council approves final design via approval of task order for mural installation 12 City(City Attorney's Office) Prepare final Public Art Easement Agreement with task order for mural installation attached as exhibit 13 City(City Attorney's Office)and Execute and record Public Art Easement Agreement Property Owner 14 Artist and Property Owner Artist schedules installation with Property Owner; installs mural per the installation task order and written agreement with Property Owner, if an 15 City City Attorney's Office Prepare mural acceptance agreement 16 City(City Attorney's Office)and Negotiate and execute mural acceptance agreement Artist 17 City(Arts&Culture Coordinator) and Project closeout per installation task order and acceptance Artist agreement—site visit, document collection, sign installation,Meridian Arts Commission final recommendation 18 City(City Attorney's Office) Prepare resolution for City Council approval and Mayor's signature, accepting the mural and approving final payment to Artist 19 City(Arts&Culture Coordinator), Schedule/coordinate mural unveiling event(as weather or Property Owner, and Artist other circumstancespermit) MEMORANDUM OF AGREEMENT BETWEEN CITY AND WESTERN ADA RECREATION DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 6 DocuSign Envelope ID:8A693627-EODE-404A-AB44-3364DBC99CD3 EXHIBIT B PUBLIC ART EASEMENT AGREEMENT RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 E.Broadway Avenue Meridian,ID 83642 PUBLIC ART EASEMENT AGREEMENT: PROPERTY ADDRESS This PUBLIC ART EASEMENT AGREEMENT ("Agreement") is made on this day of , 2022 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and PROPERTY OWNER, an ORGANIZATION TYPE organized under the laws of the state of Idaho ("Grantor"). (City and Grantor may hereinafter be collectively referred to as "Parties.") WHEREAS,the Parties desire that public art murals will be incorporated into the Meridian community, and to that end, City will dedicate funds and contract with ARTIST for the design, installation, and/or maintenance of a public art mural at PROPERTY ADDRESS, in Meridian, Ada County parcel no. PARCEL NUMBER("Property"); specifically, on the DIRECTION-facing exterior wall of the building located thereon; WHEREAS, Grantor owns the Property, and has agreed to make it available to the City for the installation of a mural ("Mural")by ARTIST ("Artist"), as generally depicted in the Task Order For Mural Installation between City and Artist, executed on DATE and attached hereto as Exhibit A ("DATE Task Order"); 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: 1. GRANT OF EASEMENT. Grantor conveys, grants and warrants to the City, its successors and assigns, an easement for the purpose of installing, maintaining, and exhibiting the Mural on and in the Property. Following Final Acceptance of the Mural as defined in the DATE Task Order, the Mural shall be the property of City. 2. TERM. This Agreement, and the easement granted hereunder, shall be effective until 11:59 p.m. on September 30, 2032 unless extended by mutual agreement of the Parties. 3. RECORDATION. City shall record this Agreement in the land records of Ada County Idaho, and shall submit proof of such recording to Grantor. For recording purposes, the legal description of the Property is: LOT/BLOCK DESCRIPTION PER ASSESSOR. MEMORANDUM OF AGREEMENT BETWEEN CITY AND WESTERN ADA RECREATION DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 7 DocuSign Envelope ID:8A693627-EODE-404A-AB44-3364DBC99CD3 4. TERMINATION. a. Termination by Grantor. This Agreement, and the easement granted hereunder, may be terminated by Grantor, at any time,upon thirty(30) days' written notice to City and receipt of the City's written consent to terminate,upon Grantor's showing of any of the following: (1) That the property is to be sold and the buyer requires removal of the easement as a condition of the purchase and sale; or (2) That the property is to be refinanced and the lender requires removal of the easement as a condition of the refinancing; or (3) That the property is to be substantially remodeled or altered in a way that precludes continued maintenance of the Mural; (4) That Grantor's circumstances have materially changed and the continued existence of the easement or maintenance of the Mural substantially impedes Grantor's reasonable use and enjoyment of the Property. City shall not unreasonably withhold consent to termination upon Grantor's satisfactory demonstration of any of the foregoing conditions of termination. Grantor expressly agrees and warrants that if Grantor terminates this Agreement, Grantor shall be responsible for removing the Mural and restoring the Property to its prior condition, at Grantor's sole expense. Such removal and restoration shall occur within thirty(30) days of the termination of the easement, unless this period is extended in writing by the City. b. Termination by City. This Agreement, and the easement granted hereunder, may be terminated by City, at any time, upon thirty (30) days' written notice to Grantor, if City determines that Grantor has failed to substantially perform Grantor's obligations under this Agreement, or if City determines that the continued existence of the easement or maintenance of the Artwork is no longer desired or if City is unable to maintain the Artwork due to non-appropriation of funds. City expressly agrees and warrants that if City terminates this Agreement, City shall be responsible for removing or painting over the Mural and restoring the Property to its prior condition, at City's sole election and expense. Grantor shall allow City access to Property necessary to complete such removal or restoration. Such removal or restoration, if City so elects, shall occur within thirty (30) days of the termination of the easement, unless this period is extended in writing by Grantor. c. Expiration of Term. Upon expiration of the term of this Agreement, as set forth herein or as mutually extended by the Parties by written amendment as set forth herein, City expressly agrees and warrants that City shall be responsible for removing or painting over the Mural within thirty(30) days of the expiration of the easement,unless this period is extended in writing by the Grantor. 5. MAINTENANCE AND REPAIR OF MURAL. During the term of this Agreement, as set forth herein or as mutually extended by the Parties by written amendment as set forth herein, City shall have the sole right and responsibility to determine the need for, and to execute, all necessary maintenance and repair of the Mural and shall not interfere with the normal operations of Property or inhibit the public access to and use of Property's services. City may determine, in its sole discretion, that the Mural is damaged beyond feasible repair, and may remove or paint over the Mural, with thirty(30) days' notice to Grantor. Grantor shall notify City if Grantor perceives a need to maintain or repair the Mural. MEMORANDUM OF AGREEMENT BETWEEN CITY AND WESTERN ADA RECREATION DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 8 DocuSign Envelope ID:8A693627-EODE-404A-AB44-3364DBC99CD3 6.RIGHT OF ENTRY. City or City's contractor shall have the right to enter the Property during normal business hours, and at all other times with advance approval of the Grantor, for any and all of the purposes described in this Agreement. City shall provide Grantor at least forty-eight (48) hours' prior notice of such entry and receive written approval by Property Owner. 7. BINDING EFFECT. The easement granted in this agreement shall run with the land and shall be binding upon, and inure to the benefit, of the Grantor and the City, and their respective representatives successors or assigns, and/or any person or entity acquiring any right, title, or interest in the Property. 8. CONTRACTUAL RELATIONSHIPS;ASSIGNMENT. This Agreement does not designate either Party as the agent or representative of the other for any purpose whatsoever. The Parties are not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of the other or to bind the other in any manner whatsoever. Neither Party shall assign this agreement without the prior written consent of the other. 9. 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: Grantor: C PROPERTY OWNER NAME City of Meridian Attn: CONTACT NAME Attn: City Clerk ADDRESS 33 E. Broadway Avenue Meridian ID ZIP CODE Meridian ID 83642 Either Parry may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. 10. NON-APPROPRIATION. Grantor acknowledges that City is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. 11. APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the statutes and constitution of the State of Idaho, including, without limitation,Article VIII, Section 3, of the Idaho Constitution. 12.FORCE MA.IEURE.Neither Party will be liable for failure to perform any duty under this Agreement where such failure is due to unforeseeable causes beyond such Parry's control. Such causes may include, but shall not be restricted to, acts of God or nature, fire, flood, epidemic, strike, crime, natural disaster, or any order of any court or state or federal agency. 13. AMENDMENTS.No modification or amendment of the provisions of this agreement shall be effective unless in writing and signed by authorized representatives of the parties. 14. TIME IS OF THE ESSENCE. The Parties acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach and default hereunder by the Party so failing to perform. MEMORANDUM OF AGREEMENT BETWEEN CITY AND WESTERN ADA RECREATION DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 9 DocuSign Envelope ID:8A693627-EODE-404A-AB44-3364DBC99CD3 15. BINDING UPON SUCCESSORS. Except as otherwise specifically provided herein, this Agreement shall be binding upon any and all owners of the Property, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Property, or any portion thereof, except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. 16. SEVERABILITY. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. 17. ATTORNEY FEES. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia, any default, termination, or forfeiture of this Agreement. 18. FINAL AGREEMENT. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and Grantor relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, express or implied, between City and Grantor, other than as are stated herein. Except as otherwise specifically provided herein, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. 19. NON-WAIVER. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. 20. COMPLIANCE WITH LAWS. Throughout the course of this Agreement, the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. ADVICE OF ATTORNEY. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney or the opportunity to seek such advice. 22. APPROVAL REQUIRED. This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on this day of , 2022. MEMORANDUM OF AGREEMENT BETWEEN CITY AND WESTERN ADA RECREATION DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 10 DocuSign Envelope ID:8A693627-EODE-404A-AB44-3364DBC99CD3 GRANTOR: STATE OF IDAHO ) ) ss: County of ) I HEREBY CERTIFY that on this day of NAME, TITLE ,2022,before the undersigned,a Notary ORGANIZATION Public in the State of Idaho,personally appeared NAME,proven to me to be the person who executed the said instrument,and acknowledged to me that he 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 Idaho My Commission Expires: CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk STATE OF IDAHO ) : ss County of Ada ) I HEREBY CERTIFY that on this day of , 2022 before the undersigned, personally appeared ROBERT E. SIMISON and CHRIS JOHNSON,known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument on behalf of the City of Meridian,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Idaho My Commission Expires: Attached as exhibit: TASK ORDER WITHARTIST FOR INSTALLATION OF MURAL MEMORANDUM OF AGREEMENT BETWEEN CITY AND WESTERN ADA RECREATION DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 11 DocuSign Envelope ID:8A693627-EODE-404A-AB44-3364DBC99CD3 EXHIBIT C ARTIST MASTER AGREEMENT MASTER AGREEMENT FOR PROFESSIONAL SERVICES: MURAL DESIGN,INSTALLATION,AND MAINTENANCE This MASTER AGREEMENT FOR PROFESSIONAL SERVICES: MURAL DESIGN, INSTALLATION, AND MAINTENANCE ("Agreement") is made this day of , 2022 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and NAME, on behalf of BUSINESS NAME, a TYPE OF BUSINESS organized under the laws of the state of Idaho ("Artist"). WHEREAS,the City desires to foster a vibrant community; establish a sense of history, place, and local identity; attract visitors to downtown Meridian; and beautify public spaces by facilitating the installation of murals on buildings in Meridian, both privately- and publicly-owned; WHEREAS,Artist is qualified through experience and demonstrated ability to work with the City, property owners, and other interested parties to create artwork that addresses the context of its placement, reflects community values, and meets or exceeds stakeholder expectations; 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. PROCEss. By this Agreement, City and Artist seek to establish the general terms of tasks undertaken by Artist with regard to consultations, design, installation, maintenance, and repair of murals, and any and all other tasks related to such activities. The City may invite Artist to provide such services pursuant to separate project task orders establishing specific terms and conditions, including compensation amount, scope of work, and timelines. II. SCOPE OF SERVICES. Upon execution of this Agreement and any associated project task order, Artist shall comply in all respects and perform and furnish to City, all services and shall meet all standards enumerated in this Agreement and in the project task order. Artist shall provide services and work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and/or the project task order. Services and work provided by Artist shall be performed in a timely manner as specified in the project task order and agreed upon by the parties. IILTERM. This Agreement shall become effective on the Effective Date first written above, and shall be effective through September 30, 2031,unless sooner terminated by the method set forth herein. IV.COMPENSATION. A. Total amount. The total payment to Artist for specific services provided pursuant to this Agreement shall be separately negotiated and enumerated in the respective project task order(s). The amount designated in the project task order shall constitute full compensation MEMORANDUM OF AGREEMENT BETWEEN CITY AND WESTERN ADA RECREATION DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 12 DocuSign Envelope ID:8A693627-EODE-404A-AB44-3364DBC99CD3 for any and all services, travel, transportation, materials, fabrication, shipping, equipment, contingency, commission, artist fee, and costs of work to be performed or furnished by Artist. B. Method of payment. Artist shall provide to City one (1) completed W-9 form, and invoices for services and/or materials provided pursuant to the payment schedule set forth in the project task order, which City shall pay within thirty (30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Artist under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Artist. V. CREATION,INTEGRITY,AND OWNERSHIP OF ARTWORK. A. Waiver and relinquishment of rights. Artist expressly waives any and all right, title, or interest in artwork and other products created pursuant to this Agreement or project task order. Artist understands that this waiver shall include waivers of the exclusive rights of reproduction, adaptation, publication, and display. Artist specifically waives the right to claim any remedy concerning the alteration of any artwork or product created pursuant to this Agreement or project task order. Artist agrees to relinquish any and all rights,title, and interest to artwork or products developed in connection with this Agreement or project task order, and hereby expressly waives any rights Artist has to same, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. This provision shall survive the termination or expiration of this Agreement. B. Photographs of Artwork by Artist. Artist may photographically reproduce the image of the Artwork and all preliminary studies, sketches, models and maquettes thereof, as Artist may desire for marketing, educational and public information purposes. Where practicable, Artist shall acknowledge on each such photographic reproduction the location of such Artwork, provided that reproductions of preliminary studies, sketches, models and maquettes shall not be identified as or represented to be the finished Artwork. C. Photographs of Artwork by City. City may photographically reproduce the image of the Artwork and all preliminary studies, sketches, models and maquettes thereof that have been delivered to and accepted, as City may desire for educational and public information purposes. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photographic reproduction to be the creator of the original subject thereof,provided that photographic reproductions of preliminary studies, sketches, models and maquettes shall not be identified as or represented to be the finished Artwork. D. Ownership. Upon City's final acceptance of artwork or other products created pursuant to this Agreement, such artwork or products shall be owned by City, and City may maintain, repair, or fully or partially remove them, at City's sole election and discretion. MEMORANDUM OF AGREEMENT BETWEEN CITY AND WESTERN ADA RECREATION DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 13 DocuSign Envelope ID:8A693627-EODE-404A-AB44-3364DBC99CD3 E. Subcontracting or assignment of obligations.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. Any and all subcontractors or assignees shall be bound by all the terms and conditions of this Agreement. 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 business invitees, occurring as a result of this Agreement or project task order. B. Waiver. Artist hereby waives 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 or project task order, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees C. Insurance to be obtained by Artist. Upon execution of a project task order, Artist shall obtain and shall maintain, at Artist's own expense, through completion of the task order, each and all of the following: 1. General liability insurance. General liability insurance with a limit of not less than one million dollars ($1,000,000.00)per each occurrence, combined single limit bodily injury and property damage, covering the actions and omissions of Artist and Artist's employees, agents, and/or workers, including coverage for owned, non-owned, and hired vehicles, as applicable. 2. Workers' compensation insurance. Artist shall obtain and shall maintain, at Artist's own expense, from the Effective Date of this Agreement through City's Final Acceptance of the Artwork, and throughout the course of this Agreement, workers' compensation insurance, in an amount required by Idaho law, to cover any and all persons employed by Artist. 3. Insurance of Artwork. Before commencing fabrication of Artwork and/or components or materials thereof, Artist shall procure and maintain, at Artist's own expense, insurance on same in an all-risk form with limits to be established by the project task order,with any loss payable to City. Artist agrees to bear all risks of loss of and/or damage to the Artwork until City's Final Acceptance of Artwork. D. Proof of insurance. Artist shall provide to City, within seven(7) days of the effective date of a project task order, written proof that Artist has obtained all insurance required hereunder. If any change is made to any insurance policy or coverage required under and/or obtained pursuant to this Agreement, Artist shall notify City immediately. MEMORANDUM OF AGREEMENT BETWEEN CITY AND WESTERN ADA RECREATION DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 14 DocuSign Envelope ID:8A693627-EODE-404A-AB44-3364DBC99CD3 E. Insurance to be obtained by Artist's subcontractors. Artist shall require any and all subcontractors employed or utilized in the course and scope of the obligations described in this Agreement to obtain and maintain general liability insurance and workers' compensation insurance in the amounts described herein. Artist shall provide to City, within twenty-four(24) hours of hiring or engaging any subcontractor, written proof that her subcontractors have obtained all insurance required hereunder. F. No cancellation without notice. On all insurance policies required under this agreement, such policies shall provide that they may not be cancelled or reduced in coverage except upon thirty (30) days advance written notice to all Parties. Any cancellation of insurance without appropriate replacement in the amounts and terms set forth herein may constitute grounds for termination of the contract. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement or project task order, violated any of the covenants, agreements, and/or stipulations of this Agreement or project task order, falsified any record or document required to be prepared under this Agreement or project task order, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement or project task order; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement or project task order; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have thirty (30) days after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement and the project task order shall be terminated upon mailing of written notice of same by the terminating party. I. Default by City. In the event of termination for non-performance or default by City after City's issuance of notice to proceed on a project task order, City shall compensate Artist for work actually completed by Artist prior to the date of written notice of termination and any additional services and materials actually performed or supplied prior to the date of written notice of termination, less payments of compensation previously made, not to exceed the total amount of compensation allowed hereunder. 2. Default by Artist. In the event of termination for non-performance or default by Artist after City's issuance of notice to proceed on a project task order, all finished and unfinished drawings,photographs, plans, timelines, and/or any and all other work products prepared and submitted or prepared for submission under this Agreement or project task order, and all rights, title, and interest thereto, including those described in section V.A. of this Agreement, shall, at City's option,become City's property, and the right to fabricate and/or install the artwork or other products shall pass to City. Notwithstanding this provision, Artist shall not be relieved of any liability for damages sustained by City attributable to Artist's default or breach of this Agreement or project task order. City may reasonably withhold payments due until such time as the exact amount of damages due to City from Artist is determined. Artist shall not be relieved of liability to City for damages sustained by City by virtue of any breach or default of this MEMORANDUM OF AGREEMENT BETWEEN CITY AND WESTERN ADA RECREATION DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 15 DocuSign Envelope ID:8A693627-EODE-404A-AB44-3364DBC99CD3 Agreement or project task order by Artist. This provision shall survive the termination of this Agreement or project task order and shall not relieve Artist of liability to City for damages. B. Termination without cause. City may terminate this Agreement or project task order for any reason, at any time, by providing fourteen(14) days' notice to Artist. C. Non-waiver of breach. 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. Permitting and inspection. In the provision of all services pursuant to this Agreement or any related project task order, Artist shall obtain any and all necessary permits or approvals from the various departments of the City of Meridian and other government agencies. B. Relationship of Parties. It is the express intention of Parties that Artist is an independent contractor and neither Artist nor any officer, employee, subcontractor, assignee, or agent of Artist shall be deemed an employee, agent,joint venturer, or partner of City in any manner or for any purpose. 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. Specifically, without limitation, Artist understands, acknowledges, and agrees: 1. Artist is free from actual and potential control by City in the provision of services under this Agreement. 2. Artist is engaged in an independently established trade, occupation,profession, or business. 3. Artist has the authority to hire subordinates. 4. Artist owns and/or will provide all major items of equipment necessary to perform services under this Agreement. C. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. D. Non-Discrimination. Throughout the course of 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 handicap. E. Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, there shall be made available to City for examination all of Artist's records with respect to all matters covered by this Agreement. Artist shall permit City to audit, examine, and copy, and to make audits of all records and data relating to all matters covered by this Agreement. F. Entire Agreement. This Agreement constitutes the entire understanding between the MEMORANDUM OF AGREEMENT BETWEEN CITY AND WESTERN ADA RECREATION DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 16 DocuSign Envelope ID:8A693627-EODE-404A-AB44-3364DBC99CD3 Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of either party, whether oral or written, 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. G. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. H. 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. I. 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. J. Interpretation.Words of gender used in this Agreement shall be held and construed to include any other gender, and words in the singular shall be held to include the plural and vice versa unless the context otherwise requires. The Agreement and the captions of the various sections of this Agreement are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, context or intent of this Agreement or any part or parts of this Agreement. K. 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. L. Successors and Assigns. 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. M. Notice. Any and all notice required to be provided by either of 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: Artist: City: BUSINESS NAME City Clerk ARTIST NAME City of Meridian ADDRESS 33 E. Broadway Ave. ADDRESS Meridian ID 83642 Either party may change its address for the purpose of this provision by giving written notice of such change in the manner herein provided. N. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. MEMORANDUM OF AGREEMENT BETWEEN CITY AND WESTERN ADA RECREATION DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 17 DocuSign Envelope ID:8A693627-EODE-404A-AB44-3364DBC99CD3 O. 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 first written above. ARTIST: ARTIST NAME, TITLE BUSINESS NAME CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk MEMORANDUM OF AGREEMENT BETWEEN CITY AND WESTERN ADA RECREATION DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 18 DocuSign Envelope ID:8A693627-EODE-404A-AB44-3364DBC99CD3 EXHIBIT D TASK ORDER WITH ARTIST FOR MURAL DESIGN TASK ORDER FOR MURAL DESIGN This TASK ORDER FOR MURAL DESIGN("Task Order") is made this day of , 2022 ("Effective Date"),by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and NAME, on behalf of BUSINESS NAME, a TYPE OF BUSINESS organized under the laws of the state of Idaho ("Artist"). WHEREAS,Artist and City have entered into a Master Agreement for Professional Services: Mural Design, Installation, and Maintenance("Master Agreement"), which establishes terms and conditions under which City may invite Artist to provide services including consultations, design, installation, maintenance, and repair of murals,pursuant to separate project task order(s) setting forth specific conditions, compensation amount, and scope of work; and WHEREAS, City and PROPERTY OWNER NAME ("Owner")have entered into a Public Art Easement Agreement,by which Agreement Owner agreed to allow City to engage an Artist for the purpose of designing a public art mural for potential installation at ADDRESS, in Meridian, Ada County parcel no. NUMBER("Property"); specifically, on the DIRECTION-facing exterior wall of the building located at Property; 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 design a large-scale, painted mural installation for potential installation on the DIRECTION-facing exterior wall of the building at the Property ("Mural"), located at Property. Throughout the design process, Artist shall seek input from City and Owner (collectively, "Stakeholders"), and shall finalize the design only with consensus from all Stakeholders. At the conclusion of the design process, Artist shall deliver to City a to-scale rendering of the Mural design, including a depiction of all architectural features and fixtures to be accommodated (e.g., windows, doors, signs,projections, etc.). Artist shall also be responsible for obtaining written approval of the final design from the designated representative of each Stakeholder. II. COMPENSATION. A. Total amount. The total payment to Artist for services rendered under this Task Order shall be AMOUNT IN WORDS ($AMOUNT IN NUMBER). This amount shall constitute full compensation for any and all services, travel, transportation, materials, fabrication, shipping, equipment, contingency, commission, artist fee, and costs of work to be performed or furnished by Artist under this Task Order. B. Method of payment. Artist shall provide to City invoices for services and deliverables provided pursuant to the payment schedule set forth herein, which City shall pay within MEMORANDUM OF AGREEMENT BETWEEN CITY AND WESTERN ADA RECREATION DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 19 DocuSign Envelope ID:8A693627-EODE-404A-AB44-3364DBC99CD3 thirty (30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Artist under the terms and conditions of this Task Order. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Artist. C. Payment schedule. Artist shall be paid pursuant to the following benchmarks: 1. Initial design: $AMOUNT shall be due to Artist for upon Artist's delivery to Stakeholders an initial design of the Mural. 2. Final Design: $AMOUNT shall be due to Artist for delivery of a Final Design, as defined herein and as approved in writing by City. III.TIME OF PERFORMANCE. A. Timeline. In the provision of services and deliverables under this Task Order, Artist shall meet the following deadlines: 1. By 5:00 p.m. on DATE: Artist shall deliver three initial designs of the Mural to City. Stakeholders are tentatively scheduled to review the initial designs and provide feedback on March 16, 2022 at 5:OOpm. 2. By 5:00 p.m. on DATE: Artist shall deliver to City a provisionally final design which shall include a detailed, to-scale rendering of the Mural design, including a depiction of all architectural features and fixtures to be accommodated(e.g., windows, doors, signs, projections, etc.). Stakeholders are tentatively scheduled to review the final design and give final feedback on May 18, 2022 at 5:00pm. 3. By 5:00 p.m. on DATE: Artist shall deliver to City the final design, which shall include: a) a detailed, to-scale rendering of the Mural design incorporating the feedback from Stakeholders and including a depiction of all architectural features and fixtures to be accommodated(e.g., windows, doors, signs, projections, etc.) and b) written approval of the design from the Owner. B. Time of the essence. The Parties acknowledge that services provided under this Task Order shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Task Order, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Task Order by the party so failing to perform. IV.GENERAL PROVISIONS. A. Master Agreement applies. All provisions of the Master Agreement are incorporated by reference and made a part of hereof as if set forth in their entirety herein. B. Stakeholders' designated representatives. Stakeholders have vested in the following representatives the authority to provide to Artist input and approval regarding proposed MEMORANDUM OF AGREEMENT BETWEEN CITY AND WESTERN ADA RECREATION DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 20 DocuSign Envelope ID:8A693627-EODE-404A-AB44-3364DBC99CD3 mural designs. Any Stakeholder may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to Artist and to City. 1. Owner: OWNER NAME, OWNER TITLE OWNER BUSINESS OWNER E-MAIL 2. City: Cassandra Schiffler, Arts and Culture Coordinator City of Meridian cschiffler@meridiancity.org C. Limited edition. Artist does, and shall, warrant and represent that the designs provided pursuant to this Task Order have never heretofore been designed, fabricated, installed, created, published, or copied and that Artist is the sole creator and owner of all rights in such designs. D. Installation not included. Artist acknowledges and agrees that this Task Order imparts no commitment by City to contract with Artist for installation of the Mural depicted in concept designs provided pursuant to this Task Order. Further, this Task Order vests no right in Artist to install the Mural depicted in designs provided pursuant to this Task Order. E. City Council approval required. The validity of this Task Order shall be expressly conditioned upon City Council action approving same. Execution of this Task Order 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 Task Order on the Effective Date first written above. ARTIST: ARTIST NAME, TITLE BUSINESS NAME CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk MEMORANDUM OF AGREEMENT BETWEEN CITY AND WESTERN ADA RECREATION DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 21 DocuSign Envelope ID:8A693627-EODE-404A-AB44-3364DBC99CD3 EXHIBIT E TASK ORDER WITH ARTIST FOR MURAL INSTALLATION TASK ORDER FOR MURAL INSTALLATION This TASK ORDER FOR MURAL INSTALLATION ("Task Order") is made this day of , 2022 ("Effective Date"),by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and NAME, on behalf of BUSINESS NAME, a TYPE OF BUSINESS organized under the laws of the state of Idaho ("Artist"). WHEREAS, on DATE, Artist and City entered into a Master Agreement for Professional Services: Mural Design, Installation, and Maintenance("Master Agreement"), which establishes terms and conditions under which City may invite Artist to provide services including consultations, design, installation, maintenance, and repair of murals, pursuant to separate project task order(s) setting forth specific conditions, compensation amount, and scope of work; and WHEREAS, on DATE, City and PROPERTY OWNER NAME ("Owner") entered into a Public Art Easement Agreement, by which Agreement Owner agreed to allow City to engage an Artist for the purpose of designing a public art mural for potential installation at ADDRESS, in Meridian, Ada County parcel no. NUMBER("Property"); specifically, on the DIRECTION-facing exterior wall of the building located at Property; WHEREAS,Artist has created a mural design that will establish a sense of place and local identity in downtown Meridian, and beautify public spaces, and Owner wishes to invite Artist to install the mural, as designed, on the DIRECTION-facing exterior wall of the building located at Property, pursuant to the Public Art Easement Agreement entered into by Owners and City on DATE; 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 install, on the DIRECTION-facing exterior wall of the building located at Property, a large-scale,painted mural installation as depicted in Exhibit A hereto ("Mural"). Artwork design, fabrication, and installation, and Site Restoration shall comply in all respects with the RFP, with this agreement, with any applicable established industry standards, engineering standards, and with all established policies and ordinances of the City of Meridian. II. COMPENSATION. A. Total amount. The total payment to Artist for services rendered under this Agreement shall be AMOUNT IN WORDS ($AMOUNT IN NUMBER). This amount shall constitute full compensation for any and all services, travel, transportation, materials, fabrication, shipping, equipment, contingency, commission, artist fee, and costs of work to be performed or furnished by Artist under this Task Order. MEMORANDUM OF AGREEMENT BETWEEN CITY AND WESTERN ADA RECREATION DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 22 DocuSign Envelope ID:8A693627-EODE-404A-AB44-3364DBC99CD3 B. Method of payment. Artist shall provide to City invoices for services and deliverables provided pursuant to the payment schedule set forth herein, which City shall pay within thirty (30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Artist under the terms and conditions of this Task Order. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Artist. C. Payment schedule. Artist shall be paid pursuant to the following benchmarks: 1. Timeline: $AMOUNT shall be due to Artist within thirty(30) days of Artist's delivery of a detailed timeline for installation of the Mural, describing the estimated date of completion of each phase of the installation process. 2. Final Completion: $AMOUNT shall be due to Artist within thirty (30) days of upon Final Completion, which shall be defined as: a. Complete installation of the completed Mural, as confirmed by City and Owner; b. Final inspection and written approval of the installation of the Mural by City and Owner; c. Artist's submission to City of a recommended maintenance plan for the Mural; and d. Execution of a mutually agreed-upon acceptance agreement, to be prepared by the City Attorney's Office, to include affirmation of Artist's indemnification of City and express waiver of Artist's right, title, or interest in the Mural. III.TIME OF PERFORMANCE. A. Timeline. In the provision of services and deliverables under this Task Order, Artist shall meet the following deadlines: I. By 5:00 p.m. by DATE: Artist shall deliver to City a detailed timeline for installation of the Mural. 2. By 5:00 p.m. by DATE: Artist shall deliver to City: b. Completely installed Mural, as defined herein and as approved in writing by City and Owner; c. Written recommended maintenance plan for the Mural; and d. Signed acceptance agreement. B. Time of the essence. The Parties acknowledge that services provided under this Task Order shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Task Order, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Task Order by the party so failing to perform. IV.GENERAL PROVISIONS. A. Master Agreement applies. All provisions of the Master Agreement are incorporated by reference and made a part of hereof as if set forth in their entirety herein. MEMORANDUM OF AGREEMENT BETWEEN CITY AND WESTERN ADA RECREATION DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 23 DocuSign Envelope ID:8A693627-EODE-404A-AB44-3364DBC99CD3 B. Owner's and City's designated representatives. Stakeholders have vested in the following representatives the authority to provide to Artist input and approval under this Agreement. Any Stakeholder may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to Artist and to City. 1. Owner: OWNER NAME, OWNER TITLE OWNER BUSINESS OWNER E-MAIL 2. City: Cassandra Schiffler, Arts and Culture Coordinator City of Meridian cschiffler@meridiancity.org C. City Council approval required. The validity of this Task Order shall be expressly conditioned upon City Council action approving same. Execution of this Task Order 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 Task Order on the Effective Date first written above. ARTIST: ARTIST NAME, TITLE BUSINESS NAME CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk MEMORANDUM OF AGREEMENT BETWEEN CITY AND WESTERN ADA RECREATION DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 24 DocuSign Envelope ID:8A693627-EODE-404A-AB44-3364DBC99CD3 EXHIBIT F MURAL ACCEPTANCE AGREEMENT ACCEPTANCE AGREEMENT: NAME OF MURAL,ADDRESS This ACCEPTANCE AGREEMENT: NAME OF MURAL, ADDRESS is made this day of , 2022 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and ARTIST, on behalf of COMPANY, a COMPANY TYPE organized under the laws of the state of Idaho ("Artist"). WHEREAS, on DATE, Artist and City entered into a Master Agreement for Professional Services: Mural Design, Installation, and Maintenance("Master Agreement"), which establishes terms and conditions under which City may invite Artist to provide services including consultations, design, installation, maintenance, and repair of murals, pursuant to separate project task order(s) setting forth specific conditions, compensation amount, and scope of work; and WHEREAS, on DATE, City and NAME ("Owner") entered into a Memorandum of Agreement for Design and Installation of Mural,by which Agreement NAME agreed to enter into a partnership with City to design and install a public art mural on the DIRECTION-facing side of the building at ADDRESS, in Meridian, Ada County parcel no. NUMBER("Property"); and WHEREAS, on DATE, City and Artist entered into a Task Order for Mural Design, and, on DATE, a Task Order for Mural Installation ("DATE Task Order"), by which agreements City engaged Artist to 1)work with Owner to design a mural for the DIRECTION-facing side of the building at Property, and 2) install such mural on Property, under City's access thereto under the Public Art Easement Agreement entered into by City and Owners on DATE; and WHEREAS, Owner and City have worked with Artist to design and install a mural entitled NAME OF MURAL on the DIRECTION face of the building at Property ("Artwork")that exemplifies DESCRIPTION, establishes a sense of place and local identity in PART OF Meridian, and beautifies public spaces; 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.INDEMNIFICATION. Artist hereby indemnifies and saves and holds harmless City and its respective employees, elected officials, agents, guests, and/or business invitees, from any and all liabilities, losses, claims, actions, and/or judgments for damages, expenses, and/or injury to any person or property caused or incurred by or as the result of the performance of or failure to perform any work or service under or related to the DATE Agreement. Artist specifically hereby indemnifies and saves and holds harmless City and its respective employees, elected officials, agents, guests, and/or business invitees, from any and all liabilities, MEMORANDUM OF AGREEMENT BETWEEN CITY AND WESTERN ADA RECREATION DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 25 DocuSign Envelope ID:8A693627-EODE-404A-AB44-3364DBC99CD3 losses,claims,actions,judgments for damages,expenses,or injury to any person or to property arising as a result of: A. Artist's failure, or the failure of any agent, employee, or subcontractor of Artist to exercise reasonable care, skill or diligence in the performance of any work or service under or related to the DATE Task Order; B. Any breach of any representation, warranty or covenant made by Artist, or by any of Artist's agent(s), employee(s), or subcontractor(s); C. Artist's infringement of or upon any intellectual property rights, whether intentional or unintentional, known or unknown, including any copyright or patent arising out of the reproduction or use in any manner of any plans, designs, drawings, specifications, information, material, sketches, notes or documents created by Artist in the performance of any work or service under the DATE Task Order; and/or D. The malfunction or failure of the Artwork, or any portion or component thereof, created and installed under the DATE Task Order. II.WAIVER. Artist hereby waives and releases, on behalf of Artist and Artist's employees, agents, heirs, executors, administrators, assigns, and/or personal representatives, any and all claims and/or rights for damages Artist 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 the performance of any work or service under or related to the DATE Task Order. Except as otherwise expressly delineated in the DATE Task Order, Artist hereby waives any and all right, title, or interest in the Artwork and/or all items created under, assembled pursuant to, and/or otherwise related to the DATE Task Order and any and all addenda thereto. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. ARTIST: ARTIST NAME COMPANY NAME CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk MEMORANDUM OF AGREEMENT BETWEEN CITY AND WESTERN ADA RECREATION DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 26 DocuSign Envelope ID:8A693627-EODE-404A-AB44-3364DBC99CD3 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Ground Lease Agreement between the City of Meridian and Owyhee Holdings, LLC for the Proposed Can Ada Lift Station Property Mayor Robert E. Simison E IDIAN� Treg BeCity Council Members: rnt Brad Hoaglun Joe Borton Jessica Perreault 1� �► r-j O Luke Cavener Liz Strader TO: Mayor Robert E. Simison Members of the City Council FROM: David Briggs Staff Engineer II DATE: 08/23/2022 SUBJECT: GROUND LEASE AGREEMENT FOR THE PROPOSED CAN ADA LIFT STATION PROPERTY. I. RECOMMENDED ACTION A. Move to: 1. Approve the attached Lease Agreement for the future Can Ada Lift Station located on the southeast corner of the intersection of Can Ada Road and W McMillan Road. 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS David Briggs, Staff Engineer II 489-0338 Clint Dolsby, Assistant City Engineer 489-0341 Warren Stewart, City Engineer 489-0350 Laurelei McVey, Director of Public Works 985-1259 1II. DESCRIPTION A. Background The City's 2017 Collection System Master Plan (CSMP) identified the Can Ada Lift Station(LS) as a future regional LS required to serve northwest portion of the City west of McDermott Rd. The lease agreement is for 1.5-acres located near the intersection of N Can Ada Rd and W McMillan Rd on the northwest corner of parcel S0431223100. Flow will be conveyed to the LS via gravity line to be designed as part of the project. The CSMP identifies a peak design flow of 2,125 gpm. The LS will discharge flow through force mains approximately 11,000 LF to the Oaks LS located on N McDermott Rd, south of the intersection of W McMillan Rd. B. Reason for Ground Lease The property currently is not annexed into the City and therefore a 1.5-acre lot cannot be platted as a standalone lot (max lot size allowed in the county is 5 acres). The lease will provide the City use of the land until the property can be annexed into the city and Public Works Department . 33 E.Broadway Avenue,Suite 200,Meridian,ID 83642 Phone 208-898-5500 . Fax 208-898-9551 . www.meridiancity.org the property is developed and subdivided. At that time the lot containing the LS will be deeded to the City.Language representing this is located in the attached lease agreement. IV. IMPACT A. Strategic Impact: This project meets our mission requirements to identify and prioritize work to anticipate, plan, and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. This LS is also required to develop the northwest priority growth area designed by the City. B. Fiscal Impact The Lessor and the City of Meridian waive monetary rent and agree that the mutual benefits provided with this Ground Lease support the agreement. V. ALTERNATIVES The City could choose not to approve the agreement; however, this may result in the City having to locate and procure an alternate parcel for a future LS. This would delay the project months. VI. TIME CONSTRAINTS This project is nearing the completion of the concept desgin stage and is transitioning into the design stages at this time. Choosing not to approve this request will result in delay of the project. Approved for Council Agenda: Public Works Department . 33 E.Broadway Avenue,Suite 200,Meridian,ID 83642 Phone 208-898-5500 . Fax 208-898-9551 . www.meridiancity.org GROUND LEASE AGREEMENT by and between Owyhee Holdings, LLC and the City of Meridian, Idaho THIS GROUND LEASE AGREEMENT ("Lease") is made and entered into this 6th day of September, 2022, by and between OWYHEE HOLDINGS, LLC, an Idaho limited liability company and its successors and assigns, hereinafter referred to as the"Lessor,"and THE CITY OF MERIDIAN, IDAHO, hereinafter referred to as"Lessee"or "City." Lessee or Lessor may each individually be referred to as a"Panty"or collectively, as the"Parties". RECITALS WHEREAS, Lessor owns certain real property in Ada County Idaho,generally located south of McMillan Road and east of N. Can Ada Road, Ada County Parcel Number S0431223100, legally described on Exhibit A, attached hereto and incorporated herein ("Lessor Property"); and WHEREAS, Lessor intends to develop Lessor Property and eventually seek annexation of Lessor Property into the City of Meridian; and WHEREAS, the City intends to provide sewer service to Lessor's Property and other properties within the City's municipal service area and,to that end,City desires to construct a sanitary sewer lift station("Lift Station")which Lift Station will be owned and operated by the City as part of its municipal sanitary sewer collection system,and which will be located on a portion of the Lessor Property (the "Leased Premises" or"Premises"), as legally described on Exhibit B and graphically depicted on Exhibit C, both of which are attached hereto and incorporated herein;and WHEREAS, Lessor and the City wish to enter into this Lease for the Leased Premises subject to the terms and conditions herein. NOW, THEREFORE, in consideration of the above recitals, and the benefits, covenants and agreements hereinafter mentioned on the part and behalf of the parties,the parties agree as follows: 1. LEASE: Lessor shall lease to Lessee and Lessee shall lease from Lessor the Leased Premises subject to the following terms and conditions. 2. RENT: Lessor and Lessee hereby waive monetary rent and agree that the mutual benefits provided herein constitute adequate consideration for this Lease. The mutual benefits include but are not limited to Lessee's ability to construct and operate the Lift Station in advance of platting and Lessor having the benefit of sewer service sooner than would otherwise be available. 3. TERM: This Lease shall be for the term of four(4)years(the"Primary Term"), unless extended or earlier terminated as provided herein, commencing on September 1, 2022(the"Lease Commencement Date"). 4. LEASE EXTENSION: Provided that Lessee commences construction of the Lift Station prior to the expiration of the Primary Term then, this Lease shall automatically be renewed for successive ten-year terms, not to Lift Station Lease Agreement- 1 16117771_10 ground lease for owyhee holdings property for can ada lift s t a t i o n 1007476-81 exceed 100 additional years, unless otherwise agreed to in writing by the parties(each such 10-year renewal period a "Renewal Term"). "Commences construction" means the first placement of permanent construction of a structure on the Leased Premises, such as the pouring of slab or footings, the installation of pile, the construction of columns, or any work beyond the stage of excavation, clearing, grading and grading. In the event that Lessee fails to use best efforts to operate the Lift Station after the first or subsequent Renewal Term,then this Lease shall terminate at the end of that first or subsequent Renewal Term upon written notice by Lessor to Lessee, so long as such notice is provided to Lessee a minimum of six(6) months prior to the end of said Renewal Term. 5. PREMISES/LESSEE IMPROVEMENTS: On the Lease Commencement Date, Lessor shall deliver the Premises, and Lessee agrees to accept the Premises, in its"as-is"condition, as of the date thereof. Lessor shall not be obligated to perform any work or furnish any other materials in,to or about the Premises in order to prepare the Premises for use or occupancy by Lessee or otherwise. Lessee agrees that in executing this Lease, it has not relied upon any statements, representations, covenants or warranties made by Lessor or any person acting on behalf of Lessor other than those, if any, expressly set forth in this Lease and on such investigations, examinations and inspections as Lessee has chosen to make or has made. Lessee has retained a consultant to conduct a Phase 1 Environmental Site Assessment("ESA")of the Premises, but the Parties acknowledge the results of the ESA may not be available prior to the Lease Commencement Date.Therefore,the Parties agree that, notwithstanding Sections 3 or any other provision of this Lease, Lessee shall be permitted to terminate this Lease within thirty(30)days of receiving the final ESA if Lessee is not satisfied with the condition of the Premises. Lessee shall provide copies of any environmental site assessments to Lessor. 6. USE OF LEASED PREMISES: Lessee covenants and agrees that the Leased Premises shall be used for a sanitary sewer lift station, and the construction,operation, and maintenance thereof(the"Permitted Use"), and shall not be used for any other purpose or purposes without the prior written consent of Lessor. 7. LESSEE WORK: Lessee, at its sole cost, will perform all of Lessee's work, which shall include all improvements, furniture and fixtures necessary to construct and operate a fully-functional sanitary sewer lift station (collectively, "Lessee Work"). Lessee will use reasonable efforts and due diligence to obtain all permits required for Lessees Work. Lessee Work will be done in a good and workmanlike manner,and in compliance with all governmental requirements. Prior to the commencement of any Lessee Work, Lessee will submit evidence of the insurance required pursuant to this Lease, including evidence of worker's compensation insurance. Lessee Work must commence prior to the expiration of the Primary Term or Lessee will be deemed in default of this Lease. Lessee Work will also include any and all work necessary to work around, relocate or reconstruct the settling pool and related facilities currently located on the Leased Premises adjacent to N. Can Ada Road. 8. LEASED PREMISES: Within three months of completion of Lessee Work, Lessee shall cause Lessor's Property surrounding the Lift Station to be re-surveyed and the boundaries of the Leased Premises shall be reduced as much as is reasonably practical.The parties agree to amend this Lease to formally document the reduction Lift Station Lease Agreement-2 16117771_10 ground lease for owyhee holdings property for can ada lift s t a t i o n 1007476-81 of the Leased Premises by replacing Exhibit B and Exhibit C with a final Record of Survey and an updated graphical depiction, respectively. 9. EARLY TERMINATION: The parties agree that upon completion of the Lift Station, notwithstanding the Lease Term provided above,this Lease shall terminate upon (i)annexation of the Leased Premises into the City and (ii)City's acceptance of Gift Deed for the Leased Premises, as more particularly described in Section 11, herein, and in a form substantially similar to that Gift Deed attached hereto as Exhibit D. 10. LEASE TERMINATION: Unless earlier terminated as forth in Section 9, if this Lease is terminated in good faith in accordance with the terms of this Lease, Lessee shall remove any improvements on the Leased Premises and restore the Leased Premises to the condition that they were in upon commencement of this Lease, unless otherwise agreed by Lessor and Lessee by separate written agreement. 11. GIFT DEED: Upon completion of the Lift Station and annexation of the Lessor Property into the City, Lessor shall deed the Leased Premises to the City. In so deeding the Leased Premises, the parties will utilize the services of an escrow agent to allocate property and other taxes between the Parties and to carry out instructions related to the recording of the Gift Deed.The parties agree to share(50/50)the expenses related to the services of the escrow agent and any related recording fees.The Parties will each submit escrow instructions to escrow agent before City's acceptance of the Gift Deed. City reserves the right to perform a Level I Environmental Site Assessment prior to accepting the Gift Deed, and City reserves the right to purchase an Owner's Title Policy at City's expense. City will acknowledge receipt of the Gift Deed,and Lessor shall be responsible for establishing value and other related matters. Concurrently with recordation of the Gift Deed in the land records of Ada County,the parties will execute and record a notice of Termination of Lease. 12. ALTERATIONS AND IMPROVEMENTS: Lessee shall have the right to make alterations and improvements to the Leased Premises that are consistent with the ongoing construction, operation and maintenance of the Lift Station. Lessee shall maintain all such alterations and improvements made by Lessee in a neat and orderly condition. Lessee's subsequent operation, maintenance, repair, replacement, removal or abandonment of the Lift Station and other improvements shall comply with all design guidelines applicable to the Leased Premises and all requirements and standards for construction, operation and/or abandonment of Lift Stations. 13. COMPLIANCE WITH LAW: Lessee agrees to comply with all municipal, state and federal laws, rules, regulations and ordinances governing its use of the Leased Premises and Lift Station and to do all things necessary to stay in compliance with the same. 14. UTILITIES: It is expressly agreed that during the term of this Lease, Lessee shall furnish and promptly pay for any utilities required for the Leased Premises and improvements at Lessee's own cost and expense. 15. TAXES AND ASSESSMENTS: Lessor shall pay all real estate taxes and other assessments of any kind levied against the Leased Premises during the term of this Lease as the same become due. Lift Station Lease Agreement- 3 16117771_10 ground lease for owyhee holdings property for can ada lift s t a t i o n 1007476-81 16. ASSIGNMENT OR SUBLEASING: Lessee shall not assign this Lease nor sublet to any other lessee the Leased Premises or any portion thereof, without Lessor's prior written consent; provided, however, such consent shall not be unreasonably withheld by Lessor. 17. LABOR CONTRACTS AND EMPLOYEES: The parties expressly covenant and agree that all labor contracts and employment agreements with employees or contractors providing services or materials to or construction upon the Leased Premises shall be made directly with Lessee and that all such employees and contractors shall be deemed solely the employees or contractors of Lessee and in no way employees or contractors of Lessor. Lessee covenants and agrees to keep the Leased Premises free and clear of any claims,including but not limited to mechanics or materialmen's liens, and to the extent permitted by Idaho law indemnify and hold harmless Lessor of and from any liability for any acts of employees of Lessee or any acts of persons working for Lessee under a labor contract. 18. WASTE PROHIBITED: Lessee shall not commit any waste or damage to the Leased Premises nor permit any waste or damage to be done thereto. 19. LIABILITY: Lessor shall not be liable for any injury or damage which may be sustained by any person or property of the Lessee or any other person or persons resulting from the condition of the Leased Premises or any part thereof, or from the subsurface, or from any other source or cause whatsoever, nor shall the Lessor be liable for any defect, latent or otherwise, in the Leased Premises, Lift Station or structures erected on the Leased Premises. 20. LESSEE INSURANCE: Lessee,at its cost,will maintain the following insurance on the Premises at all times from and after the Commencement Date or any earlier date as Lessee may enter the Premises: 20.1. Commercial general liability insurance policy ("Lessee's CGL") (in a form substantially similar to the sample set forth in Exhibit E), providing coverage against any and all claims for bodily harm and property damage occurring in or on the Premises and/or arising out of or in any way related to the use and occupancy of the Premises by Lessee and, and including broad form blanket contractual coverage covering Lessee's obligations under this Lease.The insurance will have a combined single limit of not less than$1,000,000 per occurrence and$2,000,000 in the aggregate limit per location umbrella coverage. Lessor(and upon request, Lessor's mortgagees)will be named as a Certificate Holder on Lessee's CGL policy. Lessee's CGL will be primary with regard to the Premises (not contributory with any insurance carried by Lessor) and include broad form contractual coverage arising out of this Lease. In no event will the limits of Lessee's CGL be considered as limiting Lessee's liability under this Lease. 20.2. Property insurance insuring against loss or damage resulting from perils covered by the causes of loss—special form ("Lessee's Property Insurance") (in a form substantially similar to the sample set forth in Exhibit E). Lessee's Property Insurance will be written for the Insurable Value of Lessee's F&E and other improvements located on the Premises, together with the business interruption coverage as Lessee desires and does not wish to assume the risk for. Lessor(and upon request, Lessor's mortgagees)will be named as a Certificate Holder on Lessee's Property Insurance, as their interests may appear. Lift Station Lease Agreement-4 16117771_10 ground lease for owyhee holdings property for can ada lift s t a t i o n 1007476-81 20.3. All insurance required to be maintained by Lessee will (a) be on an occurrence basis; (b) provide primary coverage and not contributory with Lessor's insurance coverage;(c)require thirty(30)days prior written notice to the Certificate Holder of any cancellation or reduction in coverage; (d) be written by insurance companies licensed to do business in the State of Idaho. The insurance may be provided by a blanket policy covering additional locations. Lessee will provide Lessor with evidence of the required insurance on or before the Commencement Date. 21. CONDEMNATION: If the entire Leased Premises, or a substantial part thereof, are condemned or taken by purchase in lieu thereof by any party other than Lessee, then this Lease shall terminate as of the time possession is taken. 22. DEFAULT AND FORFEITURE: Time and the strict and faithful performance of each and every one of the conditions of this Lease are expressly made the essence of this Lease. If Lessee defaults in the keeping, performing or observing of any of the covenants and agreements herein contained and such default shall remain uncured for a period of thirty(30)days after written notice shall have been sent by certified or registered mail to Lessee as hereinafter provided, then in such event the Lessor may, at Lessor's election, either in law or equity, seek specific performance of this Lease or may declare said Lease forfeited and terminated and may re-enter the Leased Premises to repossess and enjoy the same as in their first estate, and the effect of such default shall in itself, at the election of Lessor, without further notice or demand constitute a forfeiture and termination of this Lease, and if thereafter the Lessee shall fail to surrender possession of the Leased Premises to Lessor, the Lessee shall be deemed guilty of an unlawful and forcible detention of the Leased Premises. If Lessee shall abandon or vacate the Leased Premises, or if this Lease be terminated for default of any of the covenants and agreements herein contained, Lessee hereby agrees to pay all reasonable expenses incurred by Lessor in obtaining possession of the Leased Premises from Lessee and in removing the improvements thereon,including reasonable legal expenses and attorney's fees,and to pay such other expenses as the Lessor may incur in putting the Leased Premises in good order and condition as herein provided. In the event of notification of default by Lessor to Lessee and Lessee does in fact cure such default, then and in that event Lessee shall pay, in addition to all arrearages as existing under the notice of default, the reasonable attorney fees incurred by Lessor in determination of the default and the notification to the defaulting Lessee. 23. QUIET ENJOYMENT: From and after the Commencement Date and provided that Lessee performs all of its obligations under this Lease, Lessee's quiet enjoyment and possession of the Premises will not be disturbed by Lessor, its successors or assigns, except as otherwise provided in this Lease. 24. ATTORNEY'S FEES: In the event an action is brought to enforce any of the terms or provisions of this Lease, or enforce forfeiture thereof for default thereof by either of the parties hereto, the prevailing party in such action or collection shall be entitled to recover from the other party its reasonable attorney's fee and costs, together with such other costs as may be authorized by law 25. ENVIRONMENTAL: During the term of this Lease,Lessee will not deposit,store,dispose of or place upon, about or under the Premises any Hazardous Substances in violation of any Environmental Law, as those terms Lift Station Lease Agreement- 5 16117771_10 ground lease for owyhee holdings property for can ada lift s t a t i o n 1007476-81 are defined below. In the event Lessee will deposit, store, dispose of or place upon, about or under the Premises any Hazardous Substance in violation of an Environmental Law, Lessee will, at its sole cost and expense, to the extent permitted by Idaho law, indemnify,defend by counsel satisfactory to Lessor and hold Lessor harmless from any claim, loss,liability,cost expense or damage resulting therefrom. If the violation requires the removal, remediation or disposal of any Hazardous Substance, Lessee will promptly commence and complete the removal, remediation or disposal of the Hazardous Substance ("Remediate" or"Remediation") in accordance with Environmental Law. If Lessee fails to promptly commence and complete Remediation within thirty (30) days after written notice from Lessor, Lessor may undertake the Remediation at Lessee's expense and all costs incurred by Lessor in connection with the Remediation will be due and payable from Lessee to Lessor within ten (10)days after written demand."Hazardous Substances"will mean any hazardous, toxic, dangerous materials or substances in violation of Environmental Laws. "Environmental Laws"will mean Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C, §9601 et seq. ("CERCLA"); The Resource Conservation and Recovery Act, 42 U.S.C. §6501 et seq. ("RCRA"); The Superfund Amendments and Preauthorization Act, 42 U.S.C. §9601 et seq. ("SARA") or any other federal or state statute, law, ordinance or regulation related to environmental matters or liability. 26. NOTICES: All notices required to be given to each of the parties hereto under the terms of this Lease shall be given by depositing a copy of such notice in the United States mail, postage prepaid and registered or certified, return receipt requested,to the respective parties hereto at the following address: Lessor: Owyhee Holdings LLC 839 S. Bridgeway Place Eagle, ID 83616 Lessee: City of Meridian 33 E. Idaho Meridian, ID 83642 or to such other address as may be designated by writing delivered to the other party. All notices given by certified mail shall be deemed completed as of the date of mailing except as otherwise expressly provided herein. 27. REPRESENTATIONS: It is understood and agreed by and between the parties hereto that there are no verbal promises, implied promises, agreements, stipulations, representations or warranties of any character excepting those set forth in this Lease. 28. BINDING EFFECT: The provisions and stipulations hereof shall inure to the benefit of and bind the heirs, executors, administrators, assigns and successors in interest of the respective parties hereto. 29. SITUS: This Lease is established and accepted by the Lessee under the laws of the State of Idaho, and all questions concerning its validity, construction and administration shall be determined under such laws. 30. RECORDING: This Lease will not be recorded; however, Lessor or Lessee may record a Memorandum of Lease. Lift Station Lease Agreement- 6 16117771_10 ground lease for owyhee holdings property for can ada lift s t a t i o n 1007476-81 31. ESTOPPEL CERTIFICATES: Within seven (7)days of receipt of written request, Lessee will certify in writing to all persons designated by the requesting party, in the form as reasonably required by Lessor or its prospective buyer or lenders,the following matters: (i) Lessee has performed all of its obligations and is not in default under this Lease, or if a default exists, specifying the default; (ii)that this Lease is in full force and effect; (iii)the date to which Rent is paid and the amount of any prepaid Rent, IF ANY; (iv)that each person receiving the certification may rely thereon for all purposes, (v) that Lessee does not claim any default by Lessor under the Lease (beyond the applicable notice and cure periods), and (vi)other certifications as the requesting party may reasonably request. 32. GOVERNING LAW. The laws of the State of Idaho will govern the validity, performance and enforcement of this Lease and venue for any action arising out of the Lease will be in Ada County, Idaho. Lessor and Lessee hereby waive trial by jury in any action, proceeding or counterclaim brought by either against the other, upon any matters whatsoever arising out of or in any way connected with this Lease, Lessee's use or occupancy of the Premises and/or any claim of injury or damage. 33. HEADINGS: The bolded paragraph headings are for convenience only and are not a part of this Lease and shall not be used in interpreting or construing this Lease agreement. 34. SEVERABILITY: If any portion or portions of this Lease shall be, for any reason, invalid or unenforceable,the remaining portion or portions shall nevertheless be valid,enforceable and carried into effect,unless to do so would clearly violate the present legal and valid intentions of the parties hereto. Lift Station Lease Agreement- 7 16117771_10 ground lease for owyhee holdings property for can ada lift s t a t i o n 1007476-81 IN WITNESS WHEREOF, Lessor and Lessee do execute this Lease effective the day and year first above written. "Lessor" OWYHEE HOLDINGS, LLC, an Idaho limited liability company By: Idaho Holdings, LLC Its Manager B Mark Bottles. Manager STATE OF IDAHO } ss. County of Ada } This record was acknowledged before me on the c�-3 dayof—ON OA 1 2022 by Mark Bottles, Manager of Idaho Holdings, LLC. (SEAL) _ �••`'• ••MUJ� '�•,, NOTARY PUB IC FOR IDAHO �`°`y.••"'•• Leo, RESIDING AT:_-(--A ae p D w�'�pTARy s MY COMMISSION EXPS:I �2, — S{— 2 • • i. :off ZJBLiCh; ?fly"•'��+�.`: Lift Station Lease Agreement- 8 16117771_10 ground lease for owyhee holdings property for can ada lift stati0n100747s.e1 "Lessee" CITY OF MERIDIAN, IDAHO By: Robert E. Simison, Mayor 9-6-2022 Attest: Chris Johnson, City Clerk 9-6-2022 STATE OF IDAHO ) ss. County of Ada ) On this 6th day of September 2022, before me, the undersigned, a Notary Public in and for said State, personally appeared Robert E. Simison and Chris Johnson, known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC FOR IDAHO RESIDING AT: Meridian, ID MY COMMISSION EXPIRES: 3-28-2028 Lift Station Lease Agreement- 9 16117771_10 ground lease for owyhee holdings property for can ada lift s t a t i o n 1007476-81 EXHIBIT A Legal Description of Lessor's Property A PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 31,TOWNSHIP 4 NORTH, RANGE 1 WEST,BOISE MERIDIAN,ADA COUNTY,STATE OF IDAHO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS! COMHENCINfG AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 4 NORTH,RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO; RUNNING THENCE EAST 1017 FEET ALONG THE SECTION LINE TO A POINT 54 FEET WEST FROM THE CENTER LINE OF THE PHYLLIS CANAL, RUNNING THENCE SOUTH AND WEST ALONG SAID PHYLLI5 CANAL AND 50 FEET DISTANT IRON THE CENTER LINE THEREOF TO THE INTERSECTION WITH THE WEST LINE OF SAID QUARTER SECTION,THENCE NORTH ALONG THE QUARTER SECTION LINE 2373 FEET TO THE PLACE OF BEGINNING, EXCEPT THAT PORTION CONTAINED IN RIGHT-OF-WAY DEED DATED MARCH 18, 1916, EXECUTED BY JOHN W. SMITH, AN UNMARRIED MAN, TO THE UNITED STATES OF AMERICA, ACTING UNDER THE PROVISIONS OF THE ACT OF CONGRESS OF JUHE 17, 1902(32 STAT. 389)KNOWN AS THE RECLAMATION ACT, RECORDED MARCH 23, 1916,IN BOOK 119 OF DEEDS AT PAGE 296, RECORDS OF ADA COUNTY, IDAHO ALSO INCLUDING,LOTS I AND 2 AN THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 31,TOWNS4iIP 4 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN,ADA COUNTY, IDAHO. FXCEPT THAT PORTION CONTAINED IN MIGHT-OF-WAY DEED DATED MAY S, 1916, EXECUTED BY SARAH ANN SMITH, A WIDOW,TO THE UNITED STATES OF AMERICA, ACTING UNDER THE PROVISIONS OF THE ACT OF CONGRESS OF JUNE 17, 1902(32 STATa 388) Lift Station Lease Agreement- 10 1611777110 ground lease for owyhee holdings property for can ada lift station/007476-8 1 KNOWN AS THE RECLAMATION ACT, RECORDED MAY 15, 1916,IN BOOK 120 OF DEEDS AT PAGE 113, RECORDS OF ADA COUNTY,IDAHO. ALSO EXCEPT A PARCEL OF LAND SITUATED IN THE NORTH HALF OF SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY,STATE OF IDAH0, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST QUARTER CORNER OF SECTION 31; THENCE ALONG THE SOUTH LINE OF THE NORTyiWLST QUARTER OF SAID SECTION 31, SOUIT"990'58'07"EAST 33.Do FEET TO A POIFIT IN THE EAST RIGHT-OF-WAY LINE OF CAN ADA AVE FLUE, BEING THE TRUE POINT OF BEGINNING OF THE PARCEL HEREIN TO BE DESCRIBED;THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 0"07'58"FAST 11".35 FEET,THENCE SOUTH 85038`31'EAST 2234.00 FEET;T'HENFCE SOUTH 9034'5V VfEST 2 40.00 FEET;THENCE SOUTH 4964WIV EAST 594.13 FEET;THENCE SOUTH 0410L'W EAST 102.DO FEET TO A POINT IN THE NORTHERLY RIGHT-OF-WAY LINE OF THE PHYLLIS CANAL ROAD;THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 82000'00"WEST 113.00 FEET TO A POINT IN THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 31; THFNCE ALONG SAID EAST LINE 50UTH 0001'54'EAST 2158.00 FEET TO THE CENTER OF SAID SECTION 31,THENCE ALONG THE SOUTH LIN E of THE NORTHWEST QUARTER OF SAID SECTION 31, NORTH 89Q58'07"WEST 2524.25 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING A PORTION OF GOVERNMENT LOT 1 AND A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31,TOWNSHIP 4 NORTH, RANGE 1 WFST, BOISE MERIDIAN, ADA COUNTY, IDAH0, AND ALSO BEING THE LEWIS MCKELLIP SURVEY IN RECORD OF SURVEY 827,ACCORDING TO THE SURVEY THEREOF, FILED IN BOOK F OF SURVEYS AT PAGE 839, RECORDED AS INSTRUMENT NO.8567169, REC40RDS OF ADA COUNTY,IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Lift Station Lease Agreement- 11 16117771_10 ground lease for owyhee holdings property for can ada lift s t a t i o n/007476-81 NORTHERLY BOUNDARY OF SAID FIVE MILE DRAIN, 95.63 FEET TO A POINT BEING THE REAL POINT OF BEGINNING. ALSO EXCEPTING., A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 4 NORTH, RANGE I WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORDER OF SAID SECTION 31 FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 31 REARS NORTH D09776" EAST, 2629.80 FEET; THENCE ALONG THE SOUTH BOUNDARY LINE OF THE NORTHEAST QUARTER OF 03D SECTION 31 NORTH 99034'51"WEST, 16".34 FEET; THENCE LEAVING SAID SOUTH BOUNDARV LINE NORTH 00°35'06" EAST, 689.23 FEET TO A 112- IRON PIN ON THE EASTE RLY BOUNDARY LSNE OF THAT PARCEL OF LAND AS DESCRIBED IN THAT WARRANTY DEED RECORDED AS INSTRUMENT NO. 9172555, RECORDS OF ADA COUNTY, IDAHO, SAID POINT ALSO BEING THE !TEAL POINT OF BEGINNING; THENCE NORTH 37"40'77" WEST, 102.36 FEET TO A 1/2' IRON PIN; THENCE NORTH 00005'43" EAST, 36 5.7 2 FEET TO A 1/2" IRON PIN; THENCE SOUTH "1141'21" EAST, 64.20 FEET TO A 1/7" IRON PIN; THENCE SOUTH 46°3+4'38" EAST, 66.82 FEET TO A 1/2" IRON PIN; THENCE SOUTH 026 '47" WEST, 38.66 FEET TO A 1/2" IRON PIN; THENCE SOUTH 36009'06" EAST, 14.22 FEET TO A 1/2" IRON PIN; THENCE NORTH 89441'08" EAST, 32.06 FEET TO A 112" IRON PIN ON THE EASTERLY BOUNDARY LINE OF THAT PARCEL OF LAND AS DESCRIBED IN THAT WARRANTY DEED RECORDED AS INSTRUMENT NO. 9172555, RECORDS OF ADA COUNTY, IDAHO, SAID POINT ALSO BEING ON A CURVE TO THE RIGHT; THENCE ALONG SAID WESTERLY BOUNDARY LINE AND SAID CURVE BEING 50.00 FEET WESTERLY OF THE CENTERLINE OF THE PHYLLIS CANAL 31729 FEET, SAID CURVE HAVING A RADICES OF 655.59 FEET, A CENTRAL ANGLE OF 77°43'49" AND A LONG CHORD OF 314.21 FEET WHICH BEARS SOUTH 131"33'07" WEST TO THE REAL POINT OF SEGININING. Lift Station Lease Agreement- 12 1611777110 ground lease for owyhee holdings property for can ada lift station/007476-81 EXHIBIT B Legal Description of the Leased Premises DESCRIP7'IDN FDR CITY OF hMPJDIAN A 1.5-9 ACRE PAR EM OF LAND SITUATED IN THE NW 1/4 OF THE NW 114-OF SECTION 31 T,4 N.,R 1 W.,B-M, A13A COUNTY,IDAHO A parcel of land situated in the Northwost 114 of the Td"west'/,of Section 3 I,Township 4 North,Rwge 1 West,Boise Meridian,Ada County,Idaho,and more particularly described as follam-s; Comanmr,ing at tho northwest co>l w of said Section 31,from which the southwen corner of said Northwest'/#of Section 3l bcam South 0041'22"W"t 2648-19 reek; thence along the westerly boundary of said Northwest Y4 of Section 31,being also the centerline of Can-Ada Road.-South 0114I22"West 113-73 feet to the POINT OF BEGINNING; thence leaving said mmesicdy boundary and centerline South 81"01'13'Emit 172.28 feet; thence Swath W0344"East 1 14-63 feet; thence Swath 00'41'22"WM 206.72 feet•, fhcnoeNorth$93t$'38"We#275-04 f>e4 t4 said wesmrly boundary of the Northwest'/,of Section 31 and centerline of Can-Ada Rand, thmoe along$aid w rly lxwklary and aenterlineNorth 0"41'22"East 278-d4 feet to the POINT OF 13)E )INNING,comprisoag 1-59 acres,imme or l m. Lift Station Lease Agreement- 13 16117771_10 ground lease for owyhee holdings property for can ada lift s t at i on/007476-81 EXHIBIT C Graphic depiction of Leased Premises EXHB!T PL4 T TO ACCOMPANY LEGAL DESCRIPTION SITUATED IN THE NWI/4 OF THE NW1 4 OF SECT10N 31 I T4N R1W BM f ADA COUNTY, IDAHO 1530L.- -. . — . - - - - - - �361 31 — - n I r f � aF + { I f co 4 I 1.59t ACRES N ' � � I z z ''a L'i� Q I --T= - -- � V} NOT TD SCALE va N 89'18'38" W 275.00' I � I . D �I b I� 11 u -%STEq °F I w V1 �I� Lift Station Lease Agreement- 14 16117771_10 ground lease for owyhee holdings property for can ada lift station/007476-81 Exhibit D Gift Deed Recording requested by, and return to: City of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 GIFT DEED Owyhee Holdings, LLC, an Idaho limited liability company ("Grantor") hereby grants and conveys as a gift unto the City of Meridian, an Idaho municipal corporation, whose current mailing address is 33 E. Broadway Avenue, Meridian, Idaho 83642 ("Grantee"), all of Grantor's right,title and interest in that certain real property located in Ada County,Idaho, legally described as ("Property"): [INSERT LOT AND BLOCK, OR ATTACH EXHIBIT WITH METES AND BOUNDS DESCRIPTION] TO HAVE AND TO HOLD the Property, with its easements,water and water rights, and all other rights and appurtenances unto Grantee, and Grantee's successors and assigns forever. SUBJECT TO the lien of real property taxes for the then current calendar year not yet due and payable, all matters of record or appearing from a careful inspection of the land, and anything made, done or suffered by Grantee or Grantee's agents. GRANTOR: OWYHEE HOLDINGS,LLC, an Idaho limited liability company By: Idaho Holdings, LLC Its Manager Mark Bottles. Manager STATE OF IDAHO ) ss. County of Ada ) This record was acknowledged before me on the_day of 2022 by Mark Bottles, Manager of Idaho Holdings, LLC. Notary Public for Idaho My commission expires: Lift Station Lease Agreement- 15 16117771_ 10 ground lease for owyhee holdings property for can ada lift s tat ion/007476-81 EXHIBIT E Sample Certificate of Insurance Form (City will update this with a current form prior to execution of Lease) CERTIFICATE OF INSURANCE 1W00AW: M*.4.Y,M"3c,bld6 to.-"M Am Agewt for Public lnkity: This—tiFkz i in r d as a mr4c of ilnrmasnn onhr"cmkrs no _arras Fvllnwdt .ighv uppe fter.>Aum 6eMw. 7Fiy UsrdS ere4 ele*s rrpx#l]lrrss�+ty Al♦Irrm,kan lmuraree Im. rga¢+ '7 amard,urdbzrrd ar atar lihp vapu aHwdel¢�Lh4 Po�'f FE)I"6W hahre TH■entirwme of i, -a da s rmt a n ifi a carrwa* 61&JAn D 8M. he4naers[Irt 2v.rr.p rnra.rrRr're end tfir rertFedetoUrr. Imuriwp F mi Pertoparrtr. 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S1]],'1�16 ♦af?i!0'�18 err rq t W Litnin U PRCffRTY INSURANCE J..tUkl c Sau rtv,orsd PIPP� Ash Rrpc+wd in 5drfrdrrlecd Valws -0Cv P.r1HCE .AU:. bk Alnhis la*mart P v kr Llwrapr 'N to€i00,0D6.00C Par pmlM- Gy+e k a^ m VI MUMNI POV SMANDDWN 1.F mperw L1."e j1:n CYCwf_M1_C J res Pa Lain 4)G2APEfCE .51w4ng Ocuerome 50mox E�ienaat eKtra 44surr rKI: S 49 1A Wg se C"Lvfrrhr ILACOWD s sre,r:,rlramp upo— ,a i­r 1`ti=rm 6.µt.4 Acquinw P•M OccrYirKa $3rcco.aoo .OsdrwcecirLaw OavmfKa 31Di001 OW .Errors erhd Omem,r- to 00O.t 01M MHEINSURAME I. Mit.Y.Lot, 4L...ft a mz1 o74 1RCMES RACK CFFLULS' 2.Lacs lnrido IsTwrisrs -Rri101 S.Lon CmiWaPrwrkm Far Claims Pursuant M disc Cornud m Taw rch.o,Idaho LWOW Clarau 01 AWTOMMU LIAXILTY i.Aumnic6k Le Ity Crrh Amidwit 4MKAI ft] y31MOPW -CrS.'ARMt E Eedr Perin $S im *SM0 1.a.00rnWW v6d441 p.rti• Loth lhPW&* 91UG.OQD MAX LYrrz w d maum F.�h P~ #IC9M t14t7px IX G HIERAL LIAMU7i 1.ri4rsgtal I Whlty R n n%W WM SSDD x0 fVA1dL@M -UCTtT.R RUV;E % LAW EMPOPAMVEM I.LawErrfera Mm ku`wkv SoJ-n Oeeureneu *ftw= dvk40M LlA81UTY -OCR RMI E %1 EKFK* f4MMMC3N3 1.Erros :irn en Lahav ta-n dam *S_,_ MPi7}_ LLMNLM -DAM$MAD( all IMPLOYPTAPAUM 1.Er-Wky+ru Uaoiitk Ea_nClan ;.40d,CW 00)61" LJVZM.LTY -0_& 5 MAD( 01 IMPLCWMENT PR*CrDm 1.Lnplalmrnt Prackc Liahiity EA:,C'a n #51MAW i3,4a4,M LJLEI[imxn 43-0I M5 FAADt x1% MUi%LM4LMATDM 1.5,a,ar1MdnttinLiabiiy _,Clan S500r666 f3,papgCr} LIASILM -8IW P&LDd l7ataripkian aF Op�tr+OrprslLAutiarst�afrRLaclFlaatridti4rrttdGprraal ltatnc Sarrplu Cnki6otr Y�Yy Far aFa.edeshdibrlterr4cavuW both Forprrpwtpdr,nisp WhWyrisingrraminsLrad IfCertMcLnisnrrredarp"-zIwnuitsoe6rdx-s rEl7lrthtlr�vfihl+Kay9d$rrQtissriirhef�O,+tdndaKt..t,•dlaeaE<kt7e+sd6UdN9nie,uyiUOiesdtcermnaEi++ Cb#ELd{asUXdPls{�dh t}rrlr rk.e resy.pe _ CwtFrr.Hdder: G U bNcvd wy oku".1W,r iesr4.7 pekts to affront bubrs hr t:WW"d.kMrrw nNu Igr.hr Al k d%,M mf%w0r"WM Lht vW40M MEN l4Ahaiaed Rewmerimve Mrt H ICR1 $w? nar. none Lift Station Lease Agreement- 16 16117771_10_ground lease for owyhee holdings property for can ada lift station/007476-81 CERTIFICATE OF INSURANCE Issue Date: 8/17/2022 Agent for Public Entity: This certificate is issued as a matter of information only and confers no James Fullinwider rights upon the certificate holder. This certificate does not affirmatively All American Insurance Inc. or negatively amend,extend or alter the coverage afforded by the policy below. This certificate of insurance does not constitute a contract 929 N Main Street between the issuing insurer,agent and the certificate holder. Meridian,ID 83680 PROGRAM AFFORDING COVERAGE: ICRMP Member: City of Meridian Idaho Counties Risk Management Program, Underwriters 33 East Broadway,Ste. 308 P. 0. Box 15249 Meridian,ID 83642 Boise, ID 83715 This certifies coverages listed below are issued to the above member for the time period indicated, notwithstanding any requirement,term or condition of any contract or other document with respect to which this certifcate may be issued or may pertain the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. Limits shown may have been reduced by paid claims. Policy Date Expiration Property Deductible Number Added Date (except flood/quake): $2,500 Section Type of Insurance Number -Coverage Form 42AO2114100122 8/17/2022 10/1/2022 Limits V PROPERTY INSURANCE 1. Buildings,Structures and Property Per valuation clause within policy -OCCURRENCE 2. Mobile Equipment and Vehicle Physical Damage VI CRIME INSURANCE 1. Employee Dishonesty Each Occurence $500,000 -OCCURRENCE 2. Loss Inside Premises Each Occurence $500,000 3. Loss Outside Premises Each Occurence $500,000 4. Policy in Lieu of Public Officials Surety Bond Each Occurence $50,000 Notary Bond Each Occurence $25,000 For Claims Pursuant All Other Covered to Title,Ch.9,Idaho Liability Claims VII AUTOMOBILE LIABILTY 1.Automobile Liability Each Accident $500,000 $3,000,000 -OCCURRENCE Each Person $5,000 $5,000 2.Automobile Medical Payments Each Accident $100,000 $100,000 3. Uninsured Motorist Each Person $100,000 $100,000 Each Accident $300,000 $300,000 VIII GENERAL LIABILITY 1. General Liability Each Occurrence $500,000 $3,000,000 -OCCURRENCE IX LAW ENFORCEMENT 1. Law Enforcement Liability Each Occurrence $500,000 $3,000,000 LIABILITY -OCCURRENCE X ERRORS/OMISSIONS 1. Errors Omission Liability Each Claim $500,000 $3,000,000 LIABILITY -CLAIMS MADE XI EMPLOYEE BENEFITS 1. Employee Benefits Liability Each Claim $500,000 $3,000,000 LIABILITY -CLAIMS MADE XII EMPLOYMENT PRACTICES 1. Employment Practices Liability Each Claim $500,000 $3,000,000 LIABILITY -CLAIMS MADE XIV SEXUAL 1. Sexual Molestation/Sexual Abuse Each Claim $500,000 $3,000,000 MOLESTATION/ACLU4IIvIS MADE Liability XV CYBER PRIVACY or SECURITY 1.Cyber Privacy or Security Event Each Claim $1,000,000 $1,000,000 ENDORSEMENT -CLAIMS MADE Endorsement Description of Operations/Locations/Vehicles/Restrictions/Special Items: Sewer Lift Station on Leased Property from Owyhee Holdings, LLC For above described item,coverage both for property damage&liability arising from Insured. If Certholder is named as party to lawsuit solely due to relationship with Insured&not as result of its own conduct,we will accept tender of defense, until liability determination. Certholder as Loss Payee as their interest may appear. Certificate Holder: Cancellation Owyhee Holdings, LLC Should any of the above described policies be cancelled before the expiration date thereof,notice will be delivered in accordance with the policy provisions-30 days minimum 839 S. Bridgeway Place Authorized Representative Eagle,ID 83616 S mow ICRMP21/22 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Training Site Agreement Renewal between the City of Meridian and the Ada County Emergency Medical Services District for Fiscal Year 2023 1� M AdaCountyParamedics i 1We ' re in it for Life ! August 25, 2022 Kari Hibbard Administrative Assistant Meridian Fire Department 33 E. Broadway Avenue, #210 Meridian, ID 83642 Dear Kari, Enclosed please find two originals of the fiscal year 2023 Renewal of the Training Site Agreement between the City of Meridian and the Ada County EMS District. Will you please have both originals signed and then return them to me? Once the Board of Ada County Commissioners sign them in an Open Business meeting and the Ada County Clerk attest them, I will return one completed original of each agreement to you. Thank you for your help with this matter. If you have any questions, please feel free to contact me. 7Sin- ely, Stacy Winn Office Administrator Enc: Training Site Agreement Two Original Documents Shawn Rayne, Chief 370 N. Benjamin Lane Boise, ID 83704-8498 208-287-2962 phone 208-287-2999 fax adacountyparamedics.org AGREEMENT NO. 14509-1-22 RENEWAL AGREEMENT BETWEEN ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND CITY OF MERIDIAN This RENEWAL AGREEMENT BETWEEN ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND CITY OF MERIDIAN (hereinafter referred to as "Agreement"), is entered into this 6th day of September ,2022 by and between Ada County Emergency Medical Services District, a duly formed and existing ambulance district pursuant to the laws of the State of Idaho, (hereinafter "District") and the City of Meridian,which operates the Meridian Fire Department ("Training Site"), also referred to as"Party" or"Parties." WITNESSETH WHEREAS,the District operates Ada County Emergency Medical Services("ACEMS"), which provides emergency medical services to residents of Ada County and is contracted with the American Heart Association(AHA)to serve as a Training Center ("Training Center"); and WHEREAS, as a Training Center, ACEMS is authorized to provide Training Center services in Idaho, including the authorization and support of AHA Training Sites, including the Training Site herein, which are developed by individuals, employers, and other community and business organizations, for the purpose of teaching AHA-approved courses in Emergency Cardiovascular Care("ECC"); and WHEREAS, the Parties entered into Agreement No. 14509 on November 30, 2021; and WHEREAS, Agreement No. 14509 provided that it could be renewed upon re-execution by both Parties for additional one-year terms commencing October I and ending September 30 of the next calendared year; and RENEWAL AGREEMENT BETWEEN ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND CITY OF MERIDIAN -PAGE I IN WITNESS WHEREOF , the parties have executed this Agreement on the date and year written above . Board of Ada County Emergency Medical Services District By : Rod Beck, Chairman By : Ryan Davidson, Commissioner By : Kendra Kenyon, Commissioner ATTEST : Phil McGrane, Ada County Clerlc City of Meridian ./i By : Robert . Si ison, Mayor gIII (_o - 2,I J22� ATTEST • ED AUG . 0 '`9 w 'Z Eity, of eri n C ty Cl .��� r� S �CJ`r � t�5x1 (.� ►' ` E IDIA1 IDAHO SEAL 0f the IT RENEWAL AGREEMENT BETWEEN ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND CITY OF MERIDIAN - PAGE 3 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Agreement Between the City of Meridian and West Ada School District for 2022-2023 School Resource Officers C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Police Department, Lt. Harper Meeting Date: 09/06/2022 Presenter: Lt. Shawn Harper Estimated Time: 10 Minutes Topic: School Resource Officer Agreement Between City of Meridian and West Ada School District: 2022 - 2023 School Year Recommended Council Action: Mayor and Clerk Signature Background: The City of Meridian will provide School Resource Officer services at designated campuses SCHOOL RESOURCE OFFICER AGREEMENT BETWEEN CITY OF MERIDIAN AND WEST ADA SCHOOL DISTRICT: 2022-2023 SCHOOL YEAR This AGREEMENT, entered into by the City of Meridian, a political subdivision of the State of Idaho, hereinafter referred to as "the City of Meridian," and Joint School District No. 2, dba West Ada School District, an Idaho school district and body corporate and politic of the State of Idaho, hereinafter referred to as "the District." WHEREAS, the District desires increased law enforcement, community support, outreach, and crime prevention services from the City, through the Meridian Police Department; and WHEREAS, the City of Meridian and the Meridian Police Department desire to provide such services to the District; and WHEREAS, the parties' mutual interests can be furthered through the use of the School Resource Officer (SRO) Program of the Meridian Police Department; NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. This Agreement shall be for the sole benefit of the District and the City and shall not be interpreted to benefit third parties. The relationship of the parties hereto is that of contractor and independent contractor, and it is expressly understood and agreed that each parley-and their officers, agents, and employees do not-in-any way, nor__f_or an- y-purpose, _ become a partner, agent, joint venture, servant, or employee of the other. 2. The City of Meridian, through the Meridian Police Department, shall provide School Resource Officer services at designated campuses, as referenced in Paragraph 3 below, including, but not limited to: investigating and preventing crimes against persons or, property; identifying and arresting violators of state and local laws; filing investigative reports and other required reports or documents; patrolling; and, to a limited extent, maintaining building security, controlling traffic, and enforcing traffic laws around schools. 3. The City of Meridian shall provide: a. One (1) SRO Sergeant for supervision and as a single point of contact communication; b. Two (2) SRO Corporals for supervision; c. One (1) School Resource Officer at Mountain View High School; d. One (1) School Resource Officer at Meridian High School e. One (1) School Resource Officer at Rocky Mountain High School; f. One (1) School Resource Officer at Owyhee High School; g. One (1) School Resource Officer to cover the District office, Idaho Fine Arts Academy, and Renaissance High School; h. One (1) School Resource Officer at Victory Middle School; i. One (1) School Resource Officer at Meridian Middle School; 1. One (1) School Resource Officer at Sawtooth Middle School; k. One (1) School Resource Officer at Lewis and Clark Middle School; I. One (1) School Resource Officer at Heritage Middle School m. One (1) School Resource Officer to cover Central Academy, Meridian Acaderny Cmssr:oads Middle S cbool.,JRebo uocL...Scba00LoLQppo ctuoiiy, aoct, Pathways Middle School; and n. Five (5) School Resource Officers to cover District elementary schools. 4. As a professional service provider and de facto member of the school management team, the SRO shall endeavor to maintain open and regular communication with the assigned school principal and shall positively promote the school, staff, students, 2 and administration to the community. At the beginning of each school year the SRO shall meet with the principal to discuss the principal's expectations. In addition, on a weekly basis, the SRO shall meet with each principal or the principal's designee or provide an Activity Log indicating where and on what school activities the SRO was involved in during the prior week, unless the assigned principal does not request one. 5. Prior to assignment to a school, SROs shall have basic SRO certification, or, in unexpected situations, shall obtain same within one (1) calendar year. SROs shall obtain ongoing training pertinent to their assignment, as such training is available. 6. The Meridian Police Chief and the District will determine how the officers performing the duties under this Agreement will be deployed, and the manner in which the services contemplated by the Agreement shall be provided. The Meridian Police Department will communicate to the assigned school principal whenever concerns or problems regarding scheduling, duties, or other items occur. The interiors of buildings will not be patrolled by SROs except as is necessary to investigate crimes, apprehend criminal suspects and otherwise perform the duties contemplated herein; however, the SROs shall maintain high visibility with students during break and lunch periods. 7. The Meridian Police Chief and his officers shall have the right to exercise due discretion in the performance of this Agreement, including, but not limited to the type, nature, _extent and result_of_any_response or-activity.undertaken_by the_Meridian Police Chief and his officers. 8. a. With the exception of paragraph 8(b) below, the conduct of the Meridian Police Chief and his officers will be governed by the Meridian Police Policy Manual (hereinafter "Manual"). In the event that the District's procedures conflict with the procedures set forth in the Manual, the provisions of the Manual shall prevail. 3 b. District and Parental Notifications. Notwithstanding any other provisions herein to the contrary, the following procedures shall be used in all instances with regard to notifying the principal and/or a student's parents about the interaction of SROs with students: i. When an SRO interviews a student in the course of investigating a crime, the SRO shall notify the school principal, or designee, of the fact that an interview with the student was conducted, no later than the end of the school day in which the interview was conducted. ii. In the event that a student is arrested by an SRO or if the SRO finds it otherwise necessary to remove the student from school, the SRO shall immediately notify the principal of the school, or designee. iii. Upon receiving notice of any of the above circumstances from an SRO, the principal, or his or her designee, shall make reasonable efforts to contact the student's parent or guardian. If contact is made, the principal may tell the parent or guardian of the student that a police officer questioned the student, removed the student from campus, or arrested the student, as the case may be, and may further state that additional information may be obtained by contacting the Meridian Police Department or if another enforcement agency is involved of which the principal is aware the principal may then give the parent or guardian that information. iv. If a student's parent or guardian contacts the principal about interviews conducted by an SRO, the principal may disclose any information received by the principal from the SRO and may refer further questions to the Meridian Police Department or the correct law enforcement agency if another law enforcement agency is involved of which the principal is aware. 4 9. The City of Meridian shall use nineteen (19) suitably trained police officers in meeting its obligation herein, eleven (11) of whom will be physically present at one of the high school and middle school campuses referenced in Paragraph 3 and five (5) of whom will share time between their assigned elementary schools, in accordance with a schedule that is mutually agreeable to the District and the Meridian Police Department. The other three (3) officers will provide supervisory or communications services. If scheduling conflicts occur causing an SRO to be off campus during a scheduled on-campus period, efforts will be made to provide prior notice and arrange with the assigned school principal to provide adequate coverage. If the SRO will be absent from the assigned school for a full or partial day the SRO shall notify the school principal in advance or as soon as practical. 10. During each annual performance evaluation of an SRO, the evaluating supervisor shall consult with the principal of the assigned school(s) in preparing the evaluation. 11. Meridian police officers providing additional services and police protection under the terms of this Agreement will wear the authorized uniform of the Meridian Police Department. 12. The parties recognize that the District may from time to time adopt policies, procedures, rules, and regulations affecting the conduct of persons present on the campuses,-referenced-in Paragraph 3. To the extent that violation of those policies. procedures, rules, and regulations constitutes a violation of law, including breach of the peace, or a threat to public health or safety, those policies, procedures, rules, and regulations will be enforced by the Meridian Police Chief and his officers. To the extent that violation of those policies, procedures, rules, and regulations does not constitute a violation of the law, the Meridian Police Department is not required to take law enforcement action and will leave the enforcement thereof to the District. SROs shall inform the principal, or his designee, of violations of school policies, procedures, rules or regulations of which he/she has personal knowledge. 13. This Agreement is for a period commencing on or about August 23, 2022, and ending on or about June 9, 2023 in accordance with the District's Calendar. It is agreed under the terms of this Agreement that the SROs shall commence the duties set forth herein one (1) week prior to the first day of classes in August 2022, and will complete the obligations one (1) day after the last day of classes in June 2023. Should the parties wish to enter into an agreement for the City to provide SRO services to District during the 2023 summer school session, they shall negotiate and execute an addendum to this Agreement as set forth in Paragraph 25. 14. As consideration for the services provided by the City of Meridian pursuant to the terms of this Agreement, the District shall pay the total sum of $778,575.00 to the City of Meridian in two installments. One-half($389,287.50) shall be paid on or before January 27, 2023, and the balance ($389,287.50) on or before May 31, 2023. 15. Security for events outside normal school hours will be reviewed and approved by the City of Meridian per the following steps: a. Special events. The District shall provide the Meridian Police Department with a list-of-special-events and_scftP_duJo_d after-school=activities for-all schools within the city limits of Meridian at which the District is requesting law enforcement officers to be present. The Meridian Police Department shall provide a minimum of two police officers for each event. If an event should arise that is not on the original special event list provided by the District, the Community Service Division (CSD) SRO Sergeant shall attempt to provide two law enforcement officers to comply with the request. 6 b. Record of time and reimbursement. SROs who attend a special event at their designated school and/or officers who work at special events at the request of a district school principal shall enter the event name and hours worked for the event in the City's Timecard system. C. Payment. The SRO Sergeant of the Meridian Police Department shall prepare and submit an invoice to the Meridian City Finance Department. The Meridian City Finance Department will invoice the individual school(s) hosting the special event(s)atwhich SROs or other officers worked at the end of each month.The school shall pay one-half(1/2) of the overtime pay due and owing an SRO who worked at the request of his/her designated school at the SRO's hourly overtime salary. The school or District shall pay Meridian Police Department standard overtime for all other required Meridian Police Department Officers. 16. The parties recognize that a school within the District may desire to have the Meridian Police Department provide additional security services for sanctioned school events. This agreement does not govern the provision of such additional security services. Additional security services for school events may be addressed in an addendum to this Agreement or in a separate agreement at a later date. 17. The District agrees to provide officers with adequate office space and suitable desks and chairs for the purpose of this Agreement. 18. It is acknowledged by the_parties that_City of Meridian personnel acting pursuant to this Agreement are not the employees or agents of the District or schools within the District, but rather, they remain the employees of the City of Meridian. 19. Law enforcement personnel acting pursuant to this Agreement may be absent from their assigned campuses on holidays observed by the District. 20. It is acknowledged by the parties that District personnel acting pursuant to this Agreement are not the employees or agents of the City of Meridian, but rather, they remain the employees of the District. 21. Cancellation or suspension of Agreement. a. This Agreement may be cancelled by either party for non-conformance or poor performance, on thirty(30)days written notice. If the performance defect is corrected during the thirty (30) day period, this Agreement shall continue in full force and effect. If the City of Meridian terminates this Agreement due to the District's failure to timely correct the default in its performance, the District shall pay to the City of Meridian the consideration set out in Paragraph 14, prorated to reflect the number of full or partial weeks in which services were actually performed by the City of Meridian. b. This Agreement may be cancelled or suspended by either party due to an Act of God, unforeseen occurrence, or any other event that renders performance impractical. For purposes of this Agreement, an Act of God shall include, but not be limited to: fire, hurricane, thunderstorm, snowstorm, flooding, disease, national or local emergency, act of terrorism or any other extreme emergency under which it is impractical for either party to perform. In the event of cancellation or suspension due to such circumstances, the District shall pay to the City of Meridian the consideration set out in Paragraph 14, prorated to reflect number of-ulbor partial weeks-in which services were actually performe-cIL-by the City of Meridian. 22. The Chief Operations Officer for the District has the authority to execute this Agreement on behalf of the District, and shall promptly bring this Agreement before the Board of Trustees for its ratification at a regularly scheduled meeting. 23. This Agreement shall be interpreted in accordance with the laws of Idaho. 8 24. This Agreement constitutes the entire agreement of the parties and all other agreements, oral or written, are included in and merged herein. 25. This Agreement may be modified only by a mutually executed written addendum signed by the District's Chief Operations Officer and the Mayor of the City of Meridian. 26. The principal of each school shall, in writing, provide the Meridian Police Chief with a designee to contact in the event the SRO cannot contact the principal when so required pursuant to this Agreement. 27. 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 via the United States mail, addressed as follows: Tracy Basterrechea Jonathan Gillen Chief of Police Chief Operations Officer Meridian Police Department West Ada School District 1401 E. Watertower Ave. 1303 E. Central Drive Meridian, Idaho 83642 Meridian, 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. 28. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreeme—nt s_reasonably capable of com.pletir—P._ DATED this_Z�'` day of_4 `.S--k— , 2022. CITY OF MERIDIAN: BY: Robert E. Simison 9-6-2022 Mayor Attest: Chris Johnson, City Clerk 9-6-2022 G BY: Tr asterrechea Chief of Police WEST ADA SCHOOL DISTRICT: J na�Gillen Chief Operatio s Office By: Lor( �� sure Chair, Board of Trustees 10 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Ratification of Mayor's Signature for Meridian Rural Fire Protection District Resolution No. 22-002 MERIDIAN RURAL FIRE PROTECTION DISTRICT RESOLUTION NO. 22-002 A Resolution of the Board of Commissioners of the Meridian Rural Fire Protection District, setting forth certain findings and purposes; authorizing the Chairman and Secretary to sign and enter into, on behalf of said district, that certain document entitled "MEMORANDUM OF UNDERSTANDING AND AGREEMENT." WHEREAS, it is in the best interest of the Meridian Rural Fire Protection District to join with the City of Meridian, and enter into that certain "MEMORANDUM OF UNDERSTANDING AND AGREEMENT," a copy of which is attached hereto,the reasons for which are as set forth in said memorandum; NOW,THEREFORE, be it resolved and the Board of Commissioners of the Meridian Rural Fire Protection District hereby resolves as follows: The Chairman and Secretary are hereby authorized to join with the City of Meridian and to enter into that certain document entitled "MEMORANDUM OF UNDERSTANDING AND AGREEMENT," a copy of which is attached hereto, with the City of Meridian. PASSED BY THE BOARD OF COMMISSIONERS OF THE MERIDIAN RURAL FIRE PROTECTION DISTRICT the 22°d day of August, 2022. Meridian Ru rotection District By: Chairman Attested 44NA Secret MEMORANDUM OF UNDERSTANDING AND AGREEMENT WHEREAS, a certain agreement entitled the"CITY OF MERIDIAN/MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER AGREEMENT", dated September 22, 1998, (the "Agreement") exists between the City of Meridian (the"City") and the Meridian Rural Fire Protection District (the "District"); and WHEREAS, pursuant to the Agreement, the District pays a fee (the"Contract Service Fee") to the City for the protection of property, both real and personal, against fire and for life preservation services, which includes those services a fire protection district, in the state of Idaho, is authorized to and does provide (the "Fire and Life Protection Services"); and WHEREAS, the Contract Service Fee is determined, pursuant to the Agreement, as a percentage of the"Gross Market Valuation Percentage", the "Population Percentage", and the "Market Valuation", all of which are delineated in section 8 of the Agreement; and WHEREAS, pursuant to the Agreement, the method used to determine the Contract Service Fee is the method used to determine the funding of the Capital Outlay Expenditure budget as between the City and the District; and WHEREAS, the Agreement permits the parties to amend or modify, by written amendment to the Agreement,the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget; and WHEREAS, the City and the District previously entered into a certain Memorandum of Understanding and Agreement (the "2021/2022 Budget Year Memorandum"), dated August 17, 2021, a copy of which is on file in the records of the City and the records of the District respectively, pursuant to which the City and the District amended and modified the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget, between the City and the District, for the 2021/2022 fiscal year, as the term "fiscal year" is defined by the Agreement, by agreeing to a particular percentage allocation of such costs and expenses as between the City and the District; and WHEREAS, the City and the District desire: (a)to confirm the expiration, end and termination of the 2021/2022 Budget Year Memorandum; and (b)pursuant to this Memorandum of Understanding and Agreement to amend and modify the method used to determine the Contract Service Fee and the Capital Outlay Expenditure budget, between the City and the District, by setting the percentage allocation for purposes of the Contract Service Fee and the Capital Outlay Expenditure budget between the City and the District for the 2022/2023 fiscal year; and WHEREAS, the City and the District desire to enter into this Memorandum of Understanding and Agreement and effectuate its purposes and agreements because the City and the District,jointly and severally, through their respective Council and Board, find and conclude the citizens of the City and the District, respectively, will benefit, directly and indirectly,from its purposes and agreements as set forth herein above. MEMORANDUM OF UNDERSTANDING AND AGREEMENT FOR 2022/2023 FISCAL YEAR Page -1- NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged by the parties hereto, the City and the District hereby acknowledge and memorialize their agreement as follows. 1. The 202112022 Budget Year Memorandum is expired, terminated and ended, and of no further force or effect as of the end of the 2021/2022 fiscal year, as the term "fiscal year" is defined by the Agreement. 2. Notwithstanding the calculated percentage of the"Gross Market Valuation Percentage", the"Population Percentage",and the"Market Valuation", as provided in section 8 of the Agreement, for purposes of the Contract Service Fee and the Capital Outlay Expenditure budget, the allocation between the City and the District for the 2022/2023 fiscal year shall be NINETY-TWO PERCENT(92%) attributable to the City and EIGHT PERCENT(8%) attributable to the District. The foregoing shall be and is effective for and as of the 2022/2023 fiscal year, and the parties shall return to the method provided in section 8 of the Agreement for determining the percentage allocation for the Contract Service Fee and the Capital Outlay Expenditure budget for subsequent fiscal years. 3. All other terms, provisions, covenants and agreements set forth in the Agreement shall remain and be the same. 4. The City and the District shall execute such ftirther and additional documents and instruments necessary to give this Memorandum of Understanding and Agreement full force and effect. IN WITNESS WHEREOF, the parties have herein executed this Memorandum of Understanding and Agreement. A DATED AND SIGNED this day of U , 2022. City of Meridian B X;Oj 0 na��sT Ma r Attest: 12 �Q° � c•�ty�,r By; _ _ E�IIIIAN C•itV1-_erx —� AL FRnI the TR6PS MEMORANDUM OF UNDERSTANDING AND AGREEMENT FOR 2022/2023 FISCAL YEAR Page -2- Meridian Rural Fire Protection District B : Chairman Attest: By: Secretary By Resolution No. 22-002 MEMORANDUM OF UNDERSTANDING AND AGREEMENT FOR 2022/2023 FISCAL YEAR Page -3- W IDIAN� AGENDA ITEM ITEM TOPIC: Resolution 22-2341: A Resolution Reserving the Forgone Amount for Fiscal Year 2023 for Potential Use by the City of Meridian in Subsequent Years as Described in Idaho Code § 63-802, et seq.; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 22-2341 BY THE CITY COUNCIL: BERNT,BORTON, CAVENER, HOAGLUN,PERREAULT, STRADER A RESOLUTION RESERVING THE FORGONE AMOUNT FOR FISCAL YEAR 2023 FOR POTENTIAL USE BY THE CITY OF MERIDIAN IN SUBSEQUENT YEARS AS DESCRIBED IN IDAHO CODE § 63-802,et seq.;AND PROVIDING AN EFFECTIVE DATE WHEREAS, Idaho Code §50-235 empowers the city council of each city to levy taxes for general revenue purposes; and, WHEREAS, Idaho Code §50-1002 requires the city council of each city in the State of Idaho to pass a budget, referred to as an annual appropriation ordinance; and, WHEREAS, Idaho Code §63-802 sets limitations on all taxing district budget requests on the amount of property tax revenues that can be used to fund programs and services; and, WHEREAS, Idaho Code §63-802(1)(a) allows each taxing entity to increase property tax budget amounts by a maximum of 3%, plus an amount calculated based on the value of both new construction and annexation added during the previous calendar year, plus an amount for forgone taxes; and, WHEREAS,Idaho Code §63-802(1)(f)requires that the City adopt an annual resolution to reserve additional forgone amount in order to utilize that amount in subsequent years; and, WHEREAS,the City has met the notice and hearing requirements in Idaho Code §63-802(1)(f) to reserve the current year's increase in the forgone amount; and, WHEREAS,the City intends to reserve $0.00 of its current year's increase in allowable forgone amount. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: That$0.00 of the current year's allowable increase in its forgone amount is reserved and included in the City's total forgone balance for potential use in subsequent years. ADOPTED by the City Council of the City of Meridian, Idaho, this 6th day of September, 2022. APPROVED by the Mayor of the City of Meridian, Idaho, this 6th day of September, 2022. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk RESOLUTION RESERVING FOREGONE TAX REVENUES FOR FY23 FOR FUTURE USE PAGE 1 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Public Hearing for Adoption of Proposed Republic Services Solid Waste Fees Mayor Robert Simison City Council Members Joe Borton Treg Bernt Brad Hoaglun Luke Cavener Jessica Perreault Liz Strader TO:Mayor Robert Simison Members of the City Council FROM:Joanna Hopson Business Programs Manager DATE:09/06/2022 SUBJECT:Approval of Republic Services FY 23Rate Resolution 22-2342 and 1MOU REQUESTED COUNCIL DATE: 09/06/2022 I.RECOMMENDED ACTION Approval of; a)Resolution 22-2342 Adopting FY 23Rate Schedule of Solid Waste Collection Services b)Recycle Processing Fee Contract Amendment FY23MOU Page 1of 1 PUBLIC HEARING SIGN IN SHEET � s S DATE : September 6, 2022 ITEM # ON AGENDA : 29 PROJECT NAME : Adoption of Proposed Republic Services Solid Waste Fees Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) If yes , please provide HOA name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 w IDIAN� AGENDA ITEM ITEM TOPIC: Resolution 22-2342: A Resolution Adopting the Fiscal Year 2023 Rate Schedule of Solid Waste Collection Services; Authorizing the Finance Department to Collect Such Fees; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 22-2342 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION ADOPTING THE FISCAL YEAR 2023 RATE SCHEDULE OF SOLID WASTE COLLECTION SERVICES; AUTHORIZING FINANCE DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Services, Inc., providing for annual review of rates and charges for services provided, Republic identified necessary updates to the solid waste collection fee schedule and presented proposed changes to the Solid Waste Advisory Commission and to the Meridian City Council; and WHEREAS, the Solid Waste Advisory Commission recommends that the City Council adopt the FY23 Rate Schedule of Solid Waste Collection Services, as set forth in Exhibit A hereto; and WHEREAS, pursuant to Idaho Code section 63-1311A, following publication of notice and public hearing, the City Council of Meridian did, by formal motion, approve the FY22 Rate Schedule of Solid Waste Collection Services, as set forth in Exhibit A hereto; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the FY23 Rate Schedule of Solid Waste Collection Services, as set forth in Exhibit A, is hereby adopted. Section 2. That, as of its effective date, the FY23 Rate Schedule of Solid Waste Collection Services, as set forth in Exhibit A, will supersede all previous solid waste collection fees and fee schedules previously adopted. Section 3. That the Finance Department of the City of Meridian is hereby authorized to implement and carry out the collection of fees as set forth in Exhibit A. Section 4. That this Resolution shall be in full force and effect on October 1, 2022. ADOPTED by the City Council of the City of Meridian, Idaho, this 6th day of September, 2022. APPROVED by the Mayor of the City of Meridian, Idaho, this 6th day of September, 2022. APPROVED: ATTEST: _________________________________ Robert E. Simison, Mayor Chris Johnson, City Clerk A DOPTION OF FY23 R ATE S CHEDULE OF S OLID W ASTE C OLLECTION S ERVICES P AGE 1 E XHIBIT A FY23 R ATE S CHEDULE OF S OLID W ASTE C OLLECTION S ERVICES Category Description 2022 2023 Current Proposed Fee Fee RESIDENTIAL TRASH & RECYCLING Residential 95 gallon service (includes 1 recycling cart) $21.66 $22.60 Residential 65 gallon service (includes 1 recycling cart) $19.34 $20.22 Residential 35 gallon service (includes 1 recycling cart) $17.03 $17.84 Residential Extra Carts (per cart per month) $2.58 $2.71 Residential Cart Pickup/ Upsize Exchange fee (per event) $15.38 $16.13 Residential Cart Delivery (free) $0.00 $0.00 Residential Carry Out Service $36.22 $38.00 COMMERCIAL PERMANENT TRASH Commercial Carts Delivery Charge $11.55 $12.12 Commercial Carts 1, 95 gallon cart (1 x per week) $33.39 $34.92 Commercial Carts 1, 95 gallon cart (2 x per week) $63.12 $66.00 Commercial Carts 1, 95 gallon cart (3 x per week) $92.84 $97.06 Commercial Carts 2, 95 gallon cart (1 x per week) $66.80 $69.86 Commercial Carts 2, 95 gallon cart (2 x per week) $126.27 $132.03 Commercial Carts 2, 95 gallon cart (3 x per week) $185.67 $194.13 Commercial Carts 3, 95 gallon cart (1 x per week) $100.20 $104.79 Commercial Carts 3, 95 gallon cart (2 x per week) $189.39 $198.04 Commercial Carts 3, 95 gallon cart (3 x per week) $278.49 $291.18 Commercial Container Container Delivery Svc (2,3,6,8 yd options) $26.35 $27.64 Commercial Container Lid Lock Installation (2,3,6,8 yd options) $49.63 $52.06 Commercial Container Monthly Lock Service (2,3,6,8 yd options) $14.31 $15.01 Commercial Container 2 yd (Extra Dump) $27.13 $28.36 Commercial Container 3 yd (Extra Dump) $36.93 $38.58 Commercial Container 6 yd (Extra Dump) $53.68 $56.00 Commercial Container 8 yd (Extra Dump) $69.06 $72.03 Commercial Containers 2 yd (1x per week) $110.80 $115.79 Commercial Containers 2 yd (2x per week) $158.23 $165.09 Commercial Containers 2 yd (3x per week) $204.84 $213.54 A DOPTION OF FY23 R ATE S CHEDULE OF S OLID W ASTE C OLLECTION S ERVICES P AGE 2 Commercial Containers 2 yd (4x per week) $274.79 $286.47 Commercial Containers 2 yd (5 x per week) $344.60 $359.26 Commercial Containers 2 yd (6 x per week) $414.46 $432.10 Commercial Containers 3 yd (1x per week) $115.29 $120.28 Commercial Containers 3 yd (2 x per week) $186.64 $194.45 Commercial Containers 3 yd (3 x per week) $258.10 $268.75 Commercial Containers 3 yd (4 x per week) $340.05 $354.05 Commercial Containers 3 yd (5 x per week) $447.11 $465.69 Commercial Containers 3 yd (6 x per week) $541.64 $564.19 Commercial Containers 6 yd (1 x per week) $179.75 $187.23 Commercial Containers 6 yd (2 x per week) $290.16 $301.71 Commercial Containers 6 yd (3 x per week) $400.45 $416.08 Commercial Containers 6 yd (4 x per week) $533.96 $554.80 Commercial Containers 6 yd (5 x per week) $667.54 $693.59 Commercial Containers 6 yd (6 x per week) $801.04 $832.30 Commercial Containers 8 yd (1 x per week) $213.32 $222.01 Commercial Containers 8 yd (2 x per week) $331.53 $344.23 Commercial Containers 8 yd (3 x per week) $448.43 $465.08 Commercial Containers 8 yd (4 x per week) $580.21 $601.54 Commercial Containers 8 yd (5 x per week) $720.50 $746.93 Commercial Containers 8 yd (6 x per week) $854.62 $885.84 Commercial Containers 8 yd (7 x per week) $1,304.42 $1,355.90 Commercial Compactors 2 yd (base price per pickup per week) $65.74 $68.52 Commercial Compactors 3 yd (base price per pickup per week) $91.01 $94.81 Commercial Compactors 4 yd (base price per pickup per week) $116.75 $121.58 Commercial Compactors 5 yd (base price per pickup per week) $142.52 $148.39 Commercial Compactors 6 yd (base price per pickup per week) $167.62 $174.50 Commercial Compactors 8 yd (base price per pickup per week) $225.04 $234.29 COMMERCIAL TEMPORARY TRASH Commercial Temporary Service 3 yd Haul Svc (Municipal Solid Waste) $46.12 $47.72 Commercial Temporary Service 3 yd Haul Svc (Construction and Demolition) $123.90 $129.30 Commercial Temporary Service 3 yd (Monthly Rent) $27.71 $29.07 Commercial Temporary Service 3 yd (Daily Rent) $0.91 $0.95 COMMERCIAL PERMANENT RECYCLING Commercial Commingled Container Delivery Charge (3,5,6,8 yd options) $26.35 $27.64 Recyclable Collection A DOPTION OF FY23 R ATE S CHEDULE OF S OLID W ASTE C OLLECTION S ERVICES P AGE 3 Commercial Commingled 3 yd (Extra Dump) $18.94 $19.95 Recyclable Collection Commercial Commingled 3 yd (Every Other Week) $55.59 $58.50 Recyclable Collection Commercial Commingled 3 yd (1 x week) $69.48 $73.25 Recyclable Collection Commercial Commingled 3 yd (2 x week) $122.54 $129.28 Recyclable Collection Commercial Commingled 3 yd (3 x week) $175.63 $185.34 Recyclable Collection Commercial Commingled 3 yd (4 x week) $228.70 $241.38 Recyclable Collection Commercial Commingled 3 yd (5 x week) $281.76 $297.41 Recyclable Collection Commercial Commingled 5 yd (Extra Dump) $25.76 $27.16 Recyclable Collection Commercial Commingled 5 yd (Every Other Week) $76.40 $80.45 Recyclable Collection Commercial Commingled 5 yd (1 x week) $105.83 $111.63 Recyclable Collection Commercial Commingled 5 yd (2 x week) $177.65 $187.58 Recyclable Collection Commercial Commingled 5 yd (3 x week) $248.96 $263.00 Recyclable Collection Commercial Commingled 5 yd (4 x week) $320.51 $338.68 Recyclable Collection Commercial Commingled 5 yd (5 x week) $392.07 $414.35 Recyclable Collection Commercial Commingled 6 yd (Extra Dump) $31.31 $33.02 Recyclable Collection Commercial Commingled 6 yd (Every Other Week) $90.59 $95.40 Recyclable Collection Commercial Commingled 6 yd (1 x week) $112.38 $118.63 Recyclable Collection Commercial Commingled 6 yd (2 x week) $200.78 $212.09 Recyclable Collection Commercial Commingled 6 yd (3 x week) $289.15 $305.52 Recyclable Collection Commercial Commingled 6 yd (4 x week) $377.54 $398.98 Recyclable Collection Commercial Commingled 6 yd (5 x week) $465.94 $492.46 Recyclable Collection Commercial Commingled 8 yd (Extra Dump) $42.79 $45.11 Recyclable Collection Commercial Commingled 8 yd (Every Other Week) $107.50 $113.27 Recyclable Collection Commercial Commingled 8 yd (1 x week) $134.27 $141.84 Recyclable Collection Commercial Commingled 8 yd (2 x week) $244.19 $258.13 Recyclable Collection Commercial Commingled 8 yd (3 x week) $354.11 $374.42 Recyclable Collection A DOPTION OF FY23 R ATE S CHEDULE OF S OLID W ASTE C OLLECTION S ERVICES P AGE 4 Commercial Commingled 8 yd (4 x week) $464.08 $490.75 Recyclable Collection Commercial Commingled 8 yd (5 x week) $576.01 $609.15 Recyclable Collection Commercial Commingled 95 gallon carts (1 cart/week) $14.56 $15.33 Recyclable Collection Commercial Commingled 95 gallon carts (2 cart/week) $23.08 $24.34 Recyclable Collection Commercial Commingled 95 gallon carts (3 cart/week) $31.61 $33.34 Recyclable Collection Commercial Commingled 95 gallon carts (4 cart/week) $40.15 $42.36 Recyclable Collection Commercial Commingled 95 gallon carts (5 cart/week) $48.65 $51.34 Recyclable Collection INDUSTRIAL TRASH Industrial Trash Container Delivery Svc 6 - 10 yd $26.63 $27.94 Industrial Trash 6 - 10 yd containers (Haul Svc) $118.87 $124.69 Industrial Trash 6 yd Disposal Fee (Municipal Solid Waste) $30.74 $30.74 Industrial Trash 6 yd Disposal Fee (C&D/Compacted) $30.74 $30.74 Industrial Trash 6 yd (Monthly Rent) $58.87 $61.76 Industrial Trash 6 yd (Daily Rent) $1.94 $2.04 Industrial Trash 8 yd Disposal Fee (Municipal Solid Waste) $30.74 $30.74 Industrial Trash 8 yd Disposal Fee (C&D/Compacted) $30.74 $30.74 Industrial Trash 8 yd (Monthly Rent) $76.31 $80.05 Industrial Trash 8 yd (Daily Rent) $2.51 $2.64 Industrial Trash 10 yd Disposal Fee (Municipal Solid Waste) $30.74 $30.74 Industrial Trash 10 yd Disposal Fee (C&D/Compacted) $30.74 $30.74 Industrial Trash 10 yd (Monthly Rent) $85.04 $89.21 Industrial Trash 10 yd (Daily Rent) $2.80 $2.93 Industrial Trash Container Delivery Svc 20 - 40 yd $26.63 $27.94 Industrial 20 - 40 yd screen lid $42.81 $44.91 Trash/Diversion/Recycling Industrial Trash 20 - 40 yd containers (Haul Svc) $386.00 $404.90 Industrial Trash 20 - 40 yd containers (Haul Svc for Asbestos - $335.01 $351.42 Ada County) Industrial Trash 20 - 40 yd containers (Certification fee $23.32 $23.32 Asbestos - Ada County) Industrial Trash 20 - 40 yd containers (Haul Svc for Asbestos - $335.01 $351.42 Idaho Waste Systems) Industrial Trash 20 yd Disposal Fee (Municipal Solid Waste) $30.74 $30.74 Industrial Trash 20 yd Disposal Fee (C&D/Compacted) $30.74 $30.74 A DOPTION OF FY23 R ATE S CHEDULE OF S OLID W ASTE C OLLECTION S ERVICES P AGE 5 Industrial Trash 20 yd Disposal Fee (Asbestos - Ada County $30.74 $30.74 Landfill) Industrial Trash 20 yd Disposal Fee (Asbestos - Idaho Waste $800.00 $800.00 Systems) Industrial Trash 20 yd (Monthly Rent) $97.77 $102.57 Industrial Trash 20yd (Daily Rent) $3.22 $3.38 Industrial Trash 30 yd Disposal Fee (Municipal Solid Waste) $30.74 $30.74 Industrial Trash 30 yd Disposal Fee (C&D/Compacted) $30.74 $30.74 Industrial Trash 30 yd Disposal Fee (Asbestos - Ada County $30.74 $30.74 Landfill) Industrial Trash 30 yd Disposal Fee (Asbestos - Idaho Waste $1,200.00 $1,200.00 Systems) Industrial Trash 30 yd (Monthly Rent) $119.50 $125.36 Industrial Trash 30 yd (Daily Rent) $3.92 $4.11 Industrial Trash 40 yd Disposal Fee (Municipal Solid Waste) $30.74 $30.74 Industrial Trash 40 yd Disposal Fee (C&D/Compacted) $30.74 $30.74 Industrial Trash 40 yd Disposal Fee (Asbestos - Ada County $30.74 $30.74 Landfill) Industrial Trash 40 yd disposal Fee (Asbestos - Idaho Waste $1,600.00 $1,600.00 Systems) Industrial Trash 40 yd (Monthly Rent) $136.57 $143.26 Industrial Trash 40 yd (Daily Rent) $4.48 $4.71 Industrial Trash 20yd compactor Disposal Fee $30.74 $30.74 Industrial Trash 25yd compactor Disposal Fee $30.74 $30.74 Industrial Trash 30yd compactor Disposal Fee $30.74 $30.74 Industrial Trash 40yd compactor Disposal Fee $30.74 $30.74 Industrial Diversion Industrial Diversion Container Delivery Svc 6 - 10 yd $26.63 $27.94 Industrial Diversion 6 - 8 yd containers (Haul Svc) $65.83 $69.05 Industrial Diversion 6 yd Disposal Fee (Wood) $30.74 $30.74 Industrial Diversion 6 yd Disposal Fee (Sheetrock) $30.74 $30.74 Industrial Diversion 6 yd Disposal Fee (Clean Rock, Gravel, etc.) $30.74 $30.74 Industrial Diversion 8 yd Disposal Fee (Wood) $30.74 $30.74 Industrial Diversion 8 yd Disposal Fee (Sheetrock) $30.74 $30.74 Industrial Diversion 8 yd Disposal Fee (Clean Rock, Gravel, etc.) $30.74 $30.74 Industrial Diversion 10 yd Disposal Fee (Wood) $30.74 $30.74 Industrial Diversion 10 yd Disposal Fee (Sheetrock) $30.74 $30.74 Industrial Diversion 10 yd Disposal Fee (Clean Rock, Gravel, etc.) $30.74 $30.74 Industrial Diversion Container Delivery Svc 20 - 40 yd $26.63 $27.94 Industrial Diversion 20 - 40 yd Wood, Sheetrock, Clean Rock $148.97 $156.26 Industrial Diversion 20 yd Disposal Fee (Wood) $30.74 $30.74 Industrial Diversion 20 yd Disposal Fee (Sheetrock) $30.74 $30.74 Industrial Diversion 20 yd Disposal Fee (Clean Rock, Gravel, etc.) $30.74 $30.74 Industrial Diversion 30 yd Disposal Fee (Wood) $30.74 $30.74 Industrial Diversion 30 yd Disposal Fee (Sheetrock) $30.74 $30.74 Industrial Diversion 30 yd Disposal Fee (Clean Rock, Gravel, etc.) $30.74 $30.74 A DOPTION OF FY23 R ATE S CHEDULE OF S OLID W ASTE C OLLECTION S ERVICES P AGE 6 Industrial Diversion 40 yd Disposal Fee (Wood) $30.74 $30.74 Industrial Diversion 40 yd Disposal Fee (Sheetrock) $30.74 $30.74 Industrial Diversion 40 yd Disposal Fee (Clean Rock, Gravel, etc.) $30.74 $30.74 INDUSTRIAL RECYCLING Industrial Recycling Processing per loose yard (as applicable) $1.08 $1.16 Industrial Recycling Processing per compact yard (as applicable) $2.16 $2.32 Industrial Recycling Container Delivery Svc 6 - 10 yd $26.63 $27.94 Industrial Recycling 6 - 10 yd containers (Haul Svc) $65.82 $69.05 Industrial Recycling 6 yd (Monthly Rent) $58.87 $61.76 Industrial Recycling 6 yd (Daily Rent) $1.94 $2.04 Industrial Recycling 8 yd (Monthly Rent) $76.31 $80.05 Industrial Recycling 8yd (Daily Rent) $2.51 $2.64 Industrial Recycling 10 yd (Monthly Rent) $85.04 $89.21 Industrial Recycling 10 yd (Daily Rent) $2.81 $2.95 Industrial Recycling Contain Deliver Svc 20 -40 yd $26.63 $27.94 Industrial Recycling 20- 40 yd containers (Haul Svc) $148.97 $156.26 Industrial Recycling 20 yd (Monthly Rent) $97.77 $102.57 Industrial Recycling 20 yd (Daily Rent) $3.22 $3.38 Industrial Recycling 30 yd (Monthly Rent) $119.50 $125.36 Industrial Recycling 30 yd (Daily Rent) $3.92 $4.11 Industrial Recycling 40 yd (Monthly Rent) $136.57 $143.26 Industrial Recycling 40 yd (Daily Rent) $4.48 $4.71 Industrial Recycling 15 - 40 yd Compactors (Haul Svc) $148.97 $156.26 MISCELLANEOUS CHARGES Miscellaneous Collection Tires 9 (ea.) up to 16 inch $6.41 $6.73 Miscellaneous Collection Freon-containing units/appliances $61.06 $64.05 Miscellaneous Collection Non-Freon units/appliances $17.31 $18.16 Miscellaneous Collection Special Collection (for each increment of 10 $24.47 $25.67 minutes) Miscellaneous Collection Bulky Item Pickup (per item) $17.31 $18.16 Miscellaneous Collection Extra Pickup/Go Back (per occurrence) $12.35 $12.95 Miscellaneous Collection Relocation (all sizes) - Commercial/Industrial $26.63 $27.94 Industrial Services Turnaround compactor fee -$18.68 $19.60 Commercial/Industrial Miscellaneous Collection Weekend Charge - Industrial $75.62 $79.32 Miscellaneous Collection Pressure Wash - Industrial $222.93 $233.85 Industrial Services Dry Run - Large industrial containers and $113.49 $119.05 compactors Industrial Services Dry Run (6 - 10 yd) $65.83 $69.05 Miscellaneous Collection Commercial Combo Lock Replacement $31.77 $33.32 Commercial Container Extra Yard (Overload Each yd) $16.93 $17.76 A DOPTION OF FY23 R ATE S CHEDULE OF S OLID W ASTE C OLLECTION S ERVICES P AGE 7 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Parks and Recreation Department: 2022 Sparklight Movie Night Update Mayor Robert E. Simison E IDIAN� Treg Be City Council Members: rnt Brad Hoaglun Joe Borton Jessica Perreault 1 U H O Luke Cavener Liz Strader September 6 MEMORANDUM TO: Mayor Robert Simison and City Council FROM: Renee White, Parks &Recreation Special Events Coordinator RE: Sparklight Movie Night Recap Background: The 2022 season of the Sparklight Movie Night started on Friday, June 10. More than 200 local youth attended the event. The youth were unruly, refused to sit down during the movie, were load and disruptive. Several fights broke out. Youth who were asked to leave disregarded parks staff and hired security. Update: A committee comprised of Meridian Parks, Police and mayor's staff met to review possible options. The following policies were the joint decisions of that committee: • Guests under 18 years of age are only admitted with the supervision of a parent or guardian in attendance during the event. • Event fencing encircles the movie night sitting area. • Event security arrives at 7 pm (the designated start time of the event.) • Every guest receives an admission wristband. Youth have the phone number of the parent/guarding written on it. • Meridian Police Department will continue to partner with the hired event security and engage youth to enforce the event attendance policies. In order to communicate the public the new admission policies, schedule staff and order necessary supplies,the 2nd movie night of the season(June 10, 2022)was cancelled. We will recap how these new policies worked,the community response and the budget impact. Sparklight Movie Night 2022 2022 Actual Revenue Price/Unit Quantity Total Season Sponsor $ 3,000.00 1.0 $ 3,000.00 $ 3,000.00 Season Sponsor $ 3,000.00 1.0 $ 3,000.00 $ 3,000.00 Single Night Sponsorships (Returning) Single Night $ 600.00 10.0 $ 6,000.00 $ 6,000.00 Slide Sponsorship Slide Sponsors $ 100.00 11.0 $ 1,100.00 $ 900.00 Onsite Concession Stand Set Commission $ 150.00 11.0 $ 1,650.00 $ 1,500.00 Mobile Concession Stand - Kettle Corn $35.00 $ 35.00 11.0 $ 385.00 $ 315.00 TOTAL REVENUE $ 15,135.00 $ 14,715.00 Expenses Price/Unit Quantity Total Audio/Visual Equipment $ 400.00 11.0 $ 4,400.00 $ 4,250.00 Event Security $ 400.00 11.0 $ 4,400.00 $ 7,915.00 Movie Licensing $ 465.00 11.0 $ 5,115.00 $ 5,115.00 Movie Shipping $ 20.00 4.0 $ 80.00 $ 90.00 Misc. supply's signs, flags $ 365.00 1.0—$ 365.00 $ 946.00 Police Support TOTAL EXPENSES $ 14,360.00 $ 18,316.00 $ 775.00 Licensing fee reduction was negotiated to accommodate smaller Covid crowds. This is expected to adjust back in 2023 Event security is increasingly difficult to secure and prices are rising. The number of events also change based on the school calendar (11-14 dates)