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2022-11-22 Work Session
CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, November 22, 2022 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Treg Bernt Councilman Joe Borton Councilman Brad Hoaglun Mayor Robert E. Simison ABSENT Councilman Luke Cavener Councilwoman Jessica Perreault ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilman Borton, Councilman Hoaglun 1. Approve Minutes of the November 9, 2022 City Council Regular Meeting 2. Final Plat for Foxcroft Subdivision No. 1 (FP-2021-0049) by Kent Brown Planning, located at 3515 W. Pine Avenue and the surrounding property south of Pine and east of Ten Mile Creek 3. Final Order for Apex Northwest Subdivision No. 3 (FP-2022-0032) by Brighton Development, Inc., generally located in the northwest corner of Locust Grove Rd. and E. Lake Hazel Rd. 4. Findings of Facts, Conclusions of Law for Bridgetower Multi-family (CR-2022-0006 and H-2022-0047) by Alpha Development Group, located at at S0427438410 on the north side of W. McMillan Rd. between N. San Vito Way and N. Vicenza Way, near the northwest corner of N. Ten Mile Rd. and W. McMillan Rd. 5. Fiscal Year 2023 License Agreement for Meridian Police Department K9 Training at Ada County Weed, Pest, and Mosquito 6. Subrecipient Agreement Between City of Meridian and Boys and Girls Clubs of Ada County, Idaho, Inc. for Program Year 2022 Community Development Block Grant Funds 7. Subrecipient Agreement Between City of Meridian and Children's Museum of Idaho, Inc. for CARES Act Community Development Block Grant Funds 8. Approval of Bid and Award of Contract to Bicon, Inc. for the Locust Grove Sidewalk Widening project for the Not-To-Exceed amount of $ 433,000.00 9. Approval of Blanket Purchase Order #23-0098 to Ferguson Enterprises for FY23 Sensus Water Meters and Related Equipment for the Not-To-Exceed Budget Amount of $1,365,721.00 10. City of Meridian Financial Report - October 2022 ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 11. Mayor's Office: Net-Zero Budget Amendment in the Amount of $517,466.00 to Accept the Fiscal Year 2023/Program Year 2022 Community Development Block Grant (CDBG) Award Approved Motion to approve made by Councilwoman Strader, Seconded by Councilman Bernt. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilman Borton, Councilman Hoaglun 12. Police Department: Fiscal Year 2023 Budget Amendment in the amount of $(219,464.00) for Reimbursement of Anti-Drug Coordinator position through Fiscal Year 2027 Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilman Borton, Councilman Hoaglun 13. Parks and Recreation Department: Parks and Recreation Cost Recovery Model Approved Motion to approve the Cost Recovery Model Pyramid made by Councilman Hoaglun, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilman Borton, Councilman Hoaglun 14. Discussion of Civic Block Time Extension Request Continued to December 6, 2022 ADJOURNMENT 5:29 p.m. Meridian City Council Work Session November 22, 2022. A Meeting of the Meridian City Council was called to order at 4:31 p.m., Tuesday, November 22, 2022, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Treg Bernt, Brad Hoaglun and Liz Strader. Members Absent: Luke Cavener and Jessica Perreault. Also present: Chris Johnson, Bill Nary, Todd Lavoie, Steve Siddoway, Crystal Campbell, Tracy Basterrechea, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt Jessica Perreault Luke Cavener X_ Mayor Robert E. Simison Simison: Council, we will call this meeting to order. For the record it is Tuesday, November 22nd, 2022, at 4:31 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: Next item up is the adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Move adoption of the agenda as published. Borton: Second. Simison: I have a motion and a second to adopt 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: FOUR AYES. TWO ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the November 9, 2022 City Council Regular Meeting Meridian City Council Work Session November 22,2022 Page 2 of 22 2. Final Plat for Foxcroft Subdivision No. 1 (FP-2021-0049) by Kent Brown Planning, located at 3515 W. Pine Avenue and the surrounding property south of Pine and east of Ten Mile Creek 3. Final Order for Apex Northwest Subdivision No. 3 (FP-2022-0032) by Brighton Development, Inc., generally located in the northwest corner of Locust Grove Rd. and E. Lake Hazel Rd. 4. Findings of Facts, Conclusions of Law for Bridgetower Multi-family (CR-2022-0006 and H-2022-0047) by Alpha Development Group, located at S0427438410 on the north side of W. McMillan Rd. between N. San Vito Way and N. Vicenza Way, near the northwest corner of N. Ten Mile Rd. and W. McMillan Rd. 5. Fiscal Year 2023 License Agreement for Meridian Police Department K9 Training at Ada County Weed, Pest, and Mosquito 6. Subrecipient Agreement Between City of Meridian and Boys and Girls Clubs of Ada County, Idaho, Inc. for Program Year 2022 Community Development Block Grant Funds 7. Subrecipient Agreement Between City of Meridian and Children's Museum of Idaho, Inc. for CARES Act Community Development Block Grant Funds 8. Approval of Bid and Award of Contract to Bicon, Inc. for the Locust Grove Sidewalk Widening project for the Not-To-Exceed amount of $ 433,000.00 9. Approval of Blanket Purchase Order#23-0098 to Ferguson Enterprises for FY23 Sensus Water Meters and Related Equipment for the Not-To-Exceed Budget Amount of $1,365,721.00 10. City of Meridian Financial Report - October 2022 Simison: Next item up is the Consent Agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move approval of the Consent Agenda and for the Mayor to sign and Clerk to attest. Borton: Second. Meridian City Council Work Session November 22,2022 Page 3 of 22 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: FOUR AYES. TWO ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There are no items move from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 11. Mayor's Office: Net-Zero Budget Amendment in the Amount of $517,466.00 to Accept the Fiscal Year 2023/Program Year 2022 Community Development Block Grant (CDBG) Award Simison: So, we will go on to Department/Commission Reports. First item up is Item 11, a Mayor's office net zero budget amendment in the amount of 517,466 dollars. We will turn this over to Crystal Campbell with -- for comments. Campbell: Thank you, Mr. Mayor, Members of the Council. This is a net zero budget so that we can request spending authority for the CDBG funds that we submitted the action plan for in August. We don't get our grant agreement until usually October, early November, and so we can't include it in the budget process. That's it. Simison: Thank you. Council, any questions for Crystal? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I move -- feels like regular course of business. I move that we approve the net zero budget amendment in the amount of 517,466 dollars. Bernt: Second. Simison: I have a motion and a second. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, absent; Bernt, yea; Perreault, absent; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the item is agreed to. Thank you, Crystal. MOTION CARRIED: FOUR AYES. TWO ABSENT. Meridian City Council Work Session November 22,2022 Page 4 of 22 12. Police Department: Fiscal Year 2023 Budget Amendment in the amount of $(219,464.00) for Reimbursement of Anti-Drug Coordinator position through Fiscal Year 2027 Simison: Next item up is the Police Department fiscal year 2023 budget amendment in the amount of 219,464 dollars. I will turn this over the Chief Basterrechea. Basterrechea: Yeah. This budget amendment is part of the opioid settlement. We were given the first four years in a block sum and this is to go to pay for one of our anti-drug coordinators positions. Simison: Thanks you, Chief. Council, questions? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Is the reference in the agenda to through 2027 -- is the -- is the budget allocation divided -- Basterrechea: Yes. This -- the first four years, yes. It would be allocated each -- each year. Borton: So that amount -- Simison: Council Member Borton. Basterrechea: It would be divided by four. Yes. Borton: Okay. Thanks. Simison: Councilman Bernt, did you have an additional question? Bernt: I'm just -- I'm just -- Basterrechea: Turn your mic on. Bernt: I'm just playing the stink eye game with, you know, the good friend. Simison: Well, get it in while you can. Bernt: I won. Simison: Any additional questions for the chief? Hoaglun: Mr. Mayor? Meridian City Council Work Session November 22,2022 Page 5 of 22 Simison: Councilman Hoaglun. Hoaglun: I move approval of the fiscal year 2023 budget amendment in the amount of 219,464 dollars for the Meridian Police Department. Strader: Second. Simison: I have a motion and a second to approve Item 12. Is there any further discussion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, absent; Bernt, yea; Perreault, absent; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. 13. Parks and Recreation Department: Parks and Recreation Cost Recovery Model Simison: Next item up is Item 13, which is our Parks and Rec Department. The cost recovery model. We will turn this over to Director Siddoway. Johnson: Steve, press the top right corner. I looks like it's red on your screen. Is it green? Siddoway: Test one. Two. There we go. Okay. Thank you, Mr. Mayor and Members of the Council. Teresa Jackson is online. She's going to present the -- to you regarding the -- our cost recovery model. Teresa has presented to you twice before this year and as we have been developing this model we have hosted two public workshops, including sorting sessions that were, then, reconciled together and presented to Council earlier this summer. Since that time we have incorporated the Council's feedback that we got, the primary point of which was moving Lakeview Golf Club from Tier 4 to Tier 5 as requested. We have also worked with Finance going through all of the cost recovery information and completed that model. We have confirmed that the model is in harmony with existing cost recovery policy and so Teresa will present to you tonight via zoom, with a focus on the updated cost recovery pyramid. If you remember the pyramid model. At the end of the presentation what we are hoping for and seeking is approval of that pyramid to guide us moving forward and, again, we have been working -- working closely with Finance to ensure that the pyramid aligns with the current finance policy for cost recovery as well and with that I will turn this over to Teresa. Simison: Thank you, Steve. Jackson: Thank you, Steve. Mayor, Members of Council, it's a pleasure to be here with you again today. I had a little bit of a challenge with getting my PowerPoint up. Could you just give me a thumbs up if you are able to see it there? Okay. Fantastic. So, again, Meridian City Council Work Session November 22,2022 Page 6 of 22 pleasure being here with you today. The focus really for today's conversation is to give a very high level project overview and touch on the process and, then, really focus a lot of our time and attention on the study outcomes and as Steve mentioned, really, the driving factor of the study was to ensure that department programs and services are really aligning with the city's user fee and charges development policy. So, that's a policy you have in place and so throughout this study we were really trying to connect that existing policy in a way that allows the department to perform in a way that's already been approved by the city and, fortunately, the current policy that you are using aligns very well with the pyramid methodology and that's something I have shared with you in previous presentations. So, today we will talk about that process and that alignment and that focus there. We will go over the current cost of service, the current cost recovery and, then, some of the recommendations from the study. Strader: Mr. Mayor? Jackson: So -- Simison: Council Woman Strader. Strader: Just a quick question for you, Teresa. Do you prefer questions all along as you are going if we have read it or did you want to wait until the end? Jackson: Yeah, It's -- if the Council is amenable, if we could do questions at the end in that there are a couple of slides that build off of each other and so we may find that those questions are answered as I'm moving through. Simison: Okay. Continue. Jackson: Okay. And it's a -- it's a short presentation in a sense, so that we have ample time for questions. So, just starting back at the beginning and -- and hitting on just highlights from the project. So, the study was done over the course of three workshops. We kicked off the project in February of '22. We had an orientation with the team during February as well. That's our workshop one. And as we went -- as we were moving towards workshop two, which occurred in April, prior to that we took a look at all of the programs and services that are provided by the department and worked to create categories of service. So, these are, essentially, the large buckets that replaced and sorted onto the pyramid. Then as we went into workshop two we were prepared to sit down with staff, as well as the public, to have those categories sorted onto the pyramid. Then in workshop two we took a look at the current cost recovery. There was quite a bit of analysis done between workshop two and three. In workshop three we looked at what that current cost recovery is at the program level, at the category level, and, then, ultimately, the tier aggregate and I'm going to explain that in more detail, but I wanted you to kind of have a sense of the stages that we went through with this process. So, we have talked about previously this study is really based on the pyramid methodology and it's really just a framework for the study. It's essentially a continuum -- continuum, excuse me, and those programs and services that have the most community benefit -- that's the Meridian City Council Work Session November 22,2022 Page 7 of 22 first filter we look at when we are reviewing programs and services. Those make up the foundation of your pyramid and are really core to -- core to the department and as you move up the pyramid the benefit to your taxpaying community is lesser and lesser and when you get to the top of the pyramid those programs and services there are typically very individualized. So, that's quite often where we see things such as private swim lessons or concessions, things of that nature. So, again, this was the framework that was used, but we really did try to draw that connection to the city's existing policy and, fortunately, there you also have a five tier approach. So, the alignment throughout you will see is very solid. So, as I mentioned we developed those 20 categories of service to represent everything the department does. So, this is an example of what a category looks like. We have a clear name, followed by a definition and some examples and these are examples of categories from this study and these are what were sorted and placed on the pyramid, both by staff as well as the public, and during our public sessions we had two in-person and one virtual. We did have 24 community members attend. So, once the pyramid was built and that was something we shared in the last presentation, we started to dive into the current cost of service. So, we took a look at FY-21 specifically, took a look at 400 programs and 4,100 rentals and we associated the direct cost for each of those programs and rentals, as well as the revenues and so with the direct cost those are the expenses that really wouldn't exist if the program went away. So, we didn't associate any indirect cost in the exercise. So, some of our key findings. So, this is the -- one of the most valuable and critical pieces of the study on the whole. So, there is a lot happening here on this slide. You will see in the first column -- in column we have those pyramid tiers. So, that one is that foundation, that core level and as you move up you move up to Tier 5. The second column represents the terminology that's used in your fees -- or your user fee and charges development policy. So, again, you have that same five level structure and so a Tier 1 program ties into a no cost recovery method within your policy and similarly as you go up more and more cost recovery is introduced until you are at the top of the pyramid or your top level, which is full cost recovery. So, what you see in column three, which is circled in red, is the department's current cost recovery by tier of the pyramid or method of cost recovery. The next two columns represent what the -- the range that's been identified through your existing policy and, then, finally a recommended goal, working within, again, your policy. So, what are some of the outcomes here? So, when we look at Tier 1, those core programs that typically don't have cost recovery associated with them, you are at one percent. So, you are slightly above your range. Looking at Tier 2, that minimal cost recovery, your range is one to 49 percent. The department is recovering at 52 percent. Looking at Tier 3 your range is 50 to 79. Department is at 90 percent. At Tier 4, little work to be done here potentially. Your range is 80 to 99 percent. Current cost recovery is within the range, 92 percent. And, finally, Tier 5, full cost recovery, a hundred percent. Department is performing at 84 percent. And that recommended column that I referenced working within your policy -- really what we are showing here is the department should strive for the max end of that range that you have pre-identified. So, that little work in Tier 4, it's really shifting over the next five years from that 92 percent to 99 percent and, then, ultimately, in Tier 5, which we are going to spend some time on here in a moment working towards that hundred percent cost recovery on the programs and services that are there. So, taking a step back, because I -- obviously, it's very important to understand what's in each of these tiers or Meridian City Council Work Session November 22,2022 Page 8 of 22 methods of cost recovery if you will. So, this is the pyramid that we did share with you in the last presentation, but there is a few things I want to hit on here. So, there has been one modification and that's relative to Tier 5. So, the Lakeview Golf course was a challenging category to place for both the public, the -- the staff and the Council. We saw everything from two to five with Lakeview and so we took -- when we are looking at categories that are a little more difficult to place, there are other filters that we can run them through. So, that it's -- the only focus isn't the benefit to the community. We can look at the access to the service. We can take a look at if it's really the organization's responsibility to provide the service and, then, also what's the impact if the service went away and so through our conversations related to Lakeview, ultimately as it relates to access, it's specialized and those are typically your programs and services that are in that Tier 5. When we look at the organizational responsibility there is five levels there as well. The top level being questionable. It's not always within the course of business for a public entity or a park and rec department to offer golf to the community. So, we see that as questionable being up as at Tier 5 and, then, impacts do not provide through discussion, that's more of a limited if it went away and that also aligns with those programs and services that are most commonly found in Tier 5 and so, ultimately, the project team through discussion came to the consensus that really Lakeview fits -- is most suited and fits best with the other categories in Tier 5 of the pyramid. So, something else that you see on this view of the pyramid is prior views only showed you that category placement. This view is also showing you the cost recovery by category and it's showing you the tier aggregate. So, how are all of those categories performing within that tier and, then, finally, that tier target that's represented, that's really coming directly out of your pre-existing policy. So, you can see with the first four tiers of the pyramid the department really is in alignment with your existing policy with the work that they are doing. Tier 5 is the only category that's falling short, but what this also shows you, because you can see the cost recovery by category, is you can see what category is driving into your aggregate or what is holding back and in this view it does seem as though Lakeview is pulling that tier down. But a couple of things to highlight here. We looked at FY-21 and so for FY-21 that's when there was a lot of changes -- changes happening operationally and, additionally, with Lakeview we did count indirect cost with it. It is very common to count indirect when we are talking about the golf courses or things that are typically seen as enterprise. So, within that 82 percent we have -- we are looking at FY-21 during operation changes. We are looking at indirect cost and it reflects ten months of operation, because of the snapshot in time we had. So, when I highlight that, because as we have continued to develop recommendations and we have seen some reporting on Lakeview for 2023, it's all ready pushing towards reaching that goal of a hundred percent cost recovery. So, this snapshot in time for that specific category does not fully represent everything that's happening currently at Lakeview. So, the next piece I want to go through is some of the key findings and recommendations, but maybe there would be a benefit to the Council if I were to pause for a moment and take any questions kind of in this -- this section. Would that be helpful? Simison: Council, any questions? Strader: Mr. Mayor? Meridian City Council Work Session November 22,2022 Page 9 of 22 Simison: Council Woman Strader. Strader: Thank you. This is a helpful explanation. So, if we were to adopt the recommended goals for each tier, what does that do to our blended cost recovery overall, would be my main question. Jackson: Yeah. So, primarily through this process we are asking Council to adopt the pyramid, in that part of your existing policy calls out that each -- each department will work with Finance to develop a process for where each of their programs or services fall within your policy or within the five methods that have been pre-identified and so what we are doing here is we are looking at all these programs and services and we are trying to get them aligned within your current policy, but we have used this pyramid process as that framework and so if you will -- if we look at that Tier 1, parks and pathways. So, what we are saying is by approving this pyramid that that would fall into a no cost recovery method of your policy. Cavener: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. No. I understand. I -- I guess what where I'm confused is -- I just want to pull up -- and maybe now is not the time, you know, maybe Finance needs to run through the pyramid with everybody and like say, okay, based on 2021 usage if we were to enact these goals and we had similar usage going forward, what would the blended cost recovery be to the city and I guess just directionally I would hope, right, because our cost recovery for the most part is going up, although on Tier 3 is going down, I would -- I would hope that our cost recovery is going up overall. I -- I'm just looking for some direction on what -- what would this do to the aggregate; right? Like on a blended basis if -- if usage of these assets that the city provides was consistent, what would happen. Jackson: Yeah. So, on the cost recovery going down piece, because if you look at Tier 2 and Tier 3, you are currently performing above the range that's identified in the policy. We don't have recommendations to bring any of your fees down. This is the opportunity for those programs that are providing a significant benefit to your public to perhaps enhance them. So, that could take a variety of paths. So, it's, you know, maybe reducing your staff ratios and having another staff person available or adding field trip, but also with the inflation cost that -- that is occurring, ultimately it may just mean that a fee doesn't go up, because you are already working within that range. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Okay. I'm starting to track with you. So, what you are saying is if a fee is already above a cost recovery target it is unlikely to be lowered, it will probably stay the same. You might adjust the resources that we put into that tier to reflect the cost recovery Meridian City Council Work Session November 22,2022 Page 10 of 22 appropriately. But I guess, you know -- I don't expect you to answer this question in this meeting. Just as a follow up. But I would like to know if -- if 2021, for example, was an example of a benchmark, if we had followed these goals where -- where would we end up overall? Because the only reason I'm asking is I'm just like a high level person and I just want to know is the city going to -- would the city ultimately have to come out of pocket? It sounds like the answer is no, but, you know, are we overall expecting to recover more, less, the same -- I -- I would think we could answer that. But it's not -- you don't have to answer it right now, but it's just a -- Simison: I think that's probably a question for Steve or, quite frankly, is what this Council agrees to, honestly. That's the best answer. Because I think if we are within the bands that you established, we are not going to try to collect more, but if you want to -- if you want to adjust the bands as an example, I don't see any reason why this Council couldn't say we want to adjust the bands northward of all of these if that's your direction, to generate more cost recovery. Correct, Steve? I will let you -- I didn't mean to answer, but -- Siddoway: First of all, let me see if I -- I think part of your question is what's the overall combined cost recovery. Is that part of your question? And, Teresa, I'm going off memory here, but I believe our combined cost recovery for everything is about 33 percent; is that right? Jackson: That's correct. When we just look at direct cost. Siddoway: Yes. And you also have a number -- my next question was, well, how does that compare to other cities our size nationally and you had a number for that as well. Can you share that -- Jackson: That's 26 percent. Siddoway: Twenty-six percent. So, we are doing better than -- than national average for cities our size in terms of cost recovery, which is great news. I would expect that we wouldn't be trying to reduce our cost recovery, but to maybe add more resources, benefits -- I don't know. We -- we -- we would have to figure that out moving forward. What -- we have --what we have adopted in terms of the ranges is based on the city's adopted policy in Finance. It doesn't mean it can't change. It doesn't mean they can't go up. But I would expect given the idea that I think we are performing well, that we would continue to perform similarly, unless there are specific examples of where Council would like us to target more. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. No. That's perfect context. So, we are recovering 33 percent of our direct costs now. That is better than most cities our size. Thank you. That sets the stage of Meridian City Council Work Session November 22,2022 Page 11 of 22 the question. And, then, it sounds like there is not really -- there is not really a rhyme or reason besides that we have a policy in place that sort of reflects these cost recovery percentages. I'm assuming at some point someone did some research on what percentages they thought were appropriate. As a person just looking at it who is not an expert on cost recovery, I -- I'm not going to be able to give you feedback that, yes, Tier 3 shouldn't be 79 percent, Tier 3 should be 77 percent; right? I just want to make sure that if we adopted the recommendation it wouldn't put us in a bad spot. That's all I'm trying to check, so -- Siddoway: My opinion is this puts us in a really good framework for moving forward and, again, this -- and it can also be a conversation; right? There is an annual fee discussion that -- that Finance brings to you every year and this can be part of that -- that conversation and adjusted accordingly, but I would propose that this is a good starting point. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. And I -- I think as long as -- as long as no one is saying, for example, 75 percent of the services we provide and the fees that we currently get, you know, recovery for our Tier 3 and we are lowering the recovery, so we may lower our fees -- as long as no one is saying something like that, which would give me concern -- Siddoway: Yeah. Strader: -- about a -- a gap -- I just don't want an air ball in there. As long as that's not the case, which it sounds like it's not, I think I'm okay to bob along with kind of setting tiers and seeing how it goes and that -- that's fine. But it wouldn't hurt to have Finance run the recommendation through, but -- but thank you. That answers my question for now. Simison: Thank you. Council, other questions for either Steve -- Hoaglun: Mr. Mayor? Simison: -- or Teresa? Yes, Councilman Hoaglun. Hoaglun: We saw that last slide with the pyramid -- move that back up. I was just curious -- do you recommend that you try to hit the tier target within every single item within the items that are identified or you might have say youth camps in the -- in the number two permitted special events, youth camps, field rentals. You know, it might be that's very labor intensive and it carries 76 percent of the load and we get the other ones lowered or to the point where, yeah, we are in that 49 percent. Do you occasionally have one that carries a bigger load or do you try to get every one of them to that -- that -- in this case 49 percent? Meridian City Council Work Session November 22,2022 Page 12 of 22 Jackson: So, ideally, the department can strive over time to get all of the categories within the range. When you are beginning down this path it is more about the tier aggregate. The increase -- you have to look at market rate. Fee increases could actually hurt you in some cases if individuals can find other service providers. So, it is a balance. In some cases raising fees might hurt your program more than help it and so we have some recommendations in here as to how to address some of these specific categories, but first and foremost it is about how the tier on the whole performs and making sure it's within the range and a large part of this --this exercise in a sense for Meridian is that the existing policy says these are the five methods of cost recovery. Well, when you look at Parks and Recreation, it does so many things. So, it doesn't easily fit into one method. It's natural for parks to perhaps be no cost recovery. But when you start talking about swim lessons, day camps, and all of these things. So, part of this was this exercise to say where do these things fit, because Parks and Rec does so many different things. Hoaglun: Thank you, Teresa. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Teresa, can you show me where the pool is in the analysis? I didn't see it on the pyramid. Jackson: Sure. So, the pool ends up in a number of categories. So, first you have the swim lessons there as a balanced community benefit. As it relates to just drop in use of the pool, that falls in Tier 2, the monitor drop in use. And so that Tier 2 right -- right now it is performing with the 52 percent cost recovery. Pools can be an expensive undertaking. I'm sure as you looked at taking the pool on you knew those expenses that were coming along with it. So, you could see that tier aggregate drop once the pool comes online and, then, private swim lessons may be something that you offer in the future and those are up on Tier 5. Borton: One other question, Mr. Mayor? Simison: Councilman Borton. Borton: On your earlier comments on the tiers you spoke of the public input that was provided and in particular Lakeview Golf Course and the group -- groups that you visited with from the public that identified Lakeview as a Tier 2 or 3 or 4, as well as 5, what was the reasoning behind discounting or not incorporating the twos and threes and fours in some overall weighted decision on what tier it should be on? Jackson: So, when you look at the collective average from all the scoring, it did fall as a four initially. It was through further conversation that that one was determined to fit more alongside those categories that are within Tier 5. Meridian City Council Work Session November 22,2022 Page 13 of 22 Borton: Internal staff conversation or -- or from us? Jackson: Yes. As we were looking at recommendations and looking at where current cost recovery is and -- and because of the uncertainty with that -- when we look at the range of scoring -- and that was the only one that had a two to five when you had -- is significant differences in how the public felt and so it called for more conversation. Simison: Mr. Siddoway. Siddoway: If I could add to that. So, the -- I think the different groups had it in the two to four range. The weighted average, as she stated, was in the five range. Sorry. The four range. It was in the four. We brought that to Council this summer as a four and the feedback that we heard was that it ought to be five. If we misheard, you know, that -- that's what tonight is about. If it should be four, let's talk about whether it should be a four or a five. You know, it's -- the tier -- based on the FY-21 numbers, which this study was based on, because this was -- has been going on most of the year. We didn't have FY- 22 numbers. It was at that, you know, 82 percent range. It's been performing better. I have been sharing some of that good news with you over the year. So, I was a little concerned about the mixed messages. Hey, we are at a hundred percent plus. No, we are at 82 percent. Well, we were at 82 percent for FY-21. We are at a hundred percent plus right now for Lakeview at direct cost. Again, that doesn't include factoring in the cost for the construction projects and capital elements, but for operations we are -- we -- we are at the hundred percent plus today. So, given that we have been able to successfully do that and based on the feedback we heard from Council last time, we felt comfortable saying, yeah, I think this could be in Tier 5. So, we put it in Tier 5 to bring back to you to say, hey, we -- we -- we listened, we moved it, but tonight's discussion is to determine should it be Tier 5 or in Tier 4. Borton: Okay. Thanks. Simison: Council, any additional questions at this time before we proceed with the rest of the presentation? Okay. Teresa, you can continue. Jackson: Okay. So, just a couple more slides to highlight some additional key findings and recommendations or outcomes and these are summary snapshots of some of them, the more valuable recommendations that we wanted to share with Council tonight. So, key findings are on the left-hand side. So, first, the department wishes to align its cost recovery practices with the existing policy and so that's what we are -- we are here tonight seeking Council approval on the pyramid as the fundamental component of the cost recovery philosophy. There is an opportunity to increase awareness of the department's scholarship program. So, through the process we did hear and learn that there are some barriers to access that can be worked on and if fees were to increase we want to make sure that scholarship opportunity is available and accessible and so recommending additional marketing to increase awareness. There are some challenges with cost accounting at the activity level and it does require some refinement. The department has an excellent relationship with Finance, but when we start going down to that program level Meridian City Council Work Session November 22,2022 Page 14 of 22 there is a higher level of tracking that needs to be done to carry this forward into the future. Now, the team, as you can see, they were making the cost recovery goals and the range. So, internally they do have a strong methodology, but there are some improvements that could be made to make things a little bit easier moving forward into the future and consistent across the different sections within the department. Another key finding -- deliberate and timely fee setting and adjusting as necessary for a sustainable system and so this is with -- with all agencies. Quite often we roll over our -- our fees each year and what we really want to hone in here on is that each year you are taking a hard look at that fee and your expenses looking at that cost recovery and making annual adjustments as needed. Also making sure you are managing program lifecycles and replacing underperforming services. And, then, as the team currently does coming to Council annually through the -- the annual fee adjustments that's done through Finance. Actually, I think they do that tri-annually. So, continuing with that process to ensure that programs are continuously evaluated. And last, but not least here, just continuing to use best management tools to further evaluate cost recovery and so here we really want to make sure our staff is engaged in budget development and that's something that is already in place with the Finance Department. So, staff has an annual training. It really keeps cost recovery on the forefront and ensures that they are really looking at each program at a high level and as new programs are coming on, especially with the aquatics addition that you have, that they are continuously evaluating the performance and current cost recovery. Also encouraging the department to explore alternate funding sources that align with their mission and, then, continuing to provide opportunities, such as Workshop 2, for community input and so that could take the form of really program evaluations. Again making sure those programs are the best suited for the community in what they are looking for. So, again, those were somewhat high level. The -- the key piece here going back to aligning -- really those categories of service with those five methods of cost recovery from your existing policy is the goal and the final recommendation for the study and I will put the pyramid back up as we go into questions here. Simison: Thank you, Teresa. Council, additional questions, having seen the rest of the presentation? Yeah. That was -- she's done with the presentation. Yeah. Yeah. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Not a question, I guess just some discussion on the pyramid. Simison: Discussion. Yeah. Borton: Teresa, thank you for this and all the work that's gone into it and the input that you have got. It's a helpful long-term structure, some bones to how we set these rates. But there is certainly, as you have identified in earlier discussions, some overriding policy considerations that go into putting one in blue versus green versus purple; right? Which in -- to a large degree comes from us and so I will share a couple of those. One of the items in here -- well, one of the distinctions on the tiers, which all make great sense, Meridian City Council Work Session November 22,2022 Page 15 of 22 think a tier target of -- I'm looking at number four. A tier target of -- of level four being 99 percent and level five being a hundred percent, I mean that seems -- I -- I don't -- it's a little too close. I don't know why it would necessarily need to be -- it's a distinction, really, without a difference between four and five if -- if we are looking at trying to make that 99 percent recovery. It's probably going to be a bigger gap than that, which from a policy consideration I wouldn't be worried about. One of the remarks that was made earlier -- I think what has made Meridian successful to a large degree is -- is we all benefit when a kid takes a sports class or an adult takes a rec class or play in programs that we may never go to, but happy engaged citizens benefit everybody. Businesses. Our law enforcement. It really does. It just -- it just makes for a better, stronger community. So, I love cost recovery, but I'm very sensitive to that and see benefit to our whole community from every single one of these activities. I don't really see anything totally individual. One of the benefits that I think is our whole community for certain swim lessons and if I were to move something for me, I think swim lessons would move down. I would either recover less of the cost or scholarships -- your comments something that we certainly want to promote. We should be trying to encourage everybody and anybody to get into those programs. So, that stood out for me. And, then, I have always been talking about the golf course as -- as an item of -- of concern and if it's stay -- I think it's a Tier 4, but if it stays at Tier 5 I'm a huge advocate for some tiering of the cost and which isn't part of this discussion, but it's going to come up real soon to this Council is -- is when we are just determining how to recover the cost for the golf course, that we have -- even if it's -- and I have mentioned this to the Mayor and Steve -- have a -- an annual pass fee that is X for residents and X plus something for nonresidents. Our residents have paid seven figures in tax dollars saved over the years to beautify this and turn it around. It's an easy perfect opportunity to -- to say thanks, quite frankly, to our resident taxpayers. So, if that can be built into how we do cost recovery for Lakeview, annual passes, trail fees, that is not a complicated way to do it, whether it's in Tier 4 or Tier 5. So, those are -- those are my thoughts on it. I like the -- I like the pyramid approach. I like the bands. I probably would have some separation realistically between the recommended -- recommended recovery percentage than what you -- than what you had stated, Teresa, just because I think that distinction is worthy. I would encourage swim lessons and I would create some residency for -- residency benefits for the golf course usage. Borton: Mr. Mayor? Simison: Councilman Hoaglun. Borton: Yeah. I like the process that we have here and give you something to work on and -- and to look at and to break down. It gives you some consistency. And there are difficulties, like -- like the Golf Club and -- and I was thinking about changes in that, because is -- is it like a pool -- not from the standpoint of swim lessons that I think -- like you articulated, Councilman Borton, that swimming -- learning how to swim is very very important, but the fact that it is a community benefit, but not everyone's going to partake in that -- that benefit and -- but you go to the Golf Club and you take private or semi- private lessons, that's going to be a Tier 5. Certainly very very individual. But the opportunity to have and go play a round of golf is a recreational opportunity -- I think that Meridian City Council Work Session November 22,2022 Page 16 of 22 -- that's -- yes, it's a considerable individual benefit, but it's not fully one hundred percent, it's -- it is a recreational opportunity like many others where we develop softball fields, basketball courts, horseshoe pits that not everyone does. So, for those types of activities a round of golf could be a -- a four. So, you know, trying to parse out some of these things and -- and your idea about the different fee structure within that round of golf and season passes, I think that has some merit and warrants a look at. So, it's -- it's a good -- good thing. We will just have to work through that process and -- and figure those out and -- and I do agree it is -- it is odd that you have 99 percent target and a hundred percent target and there is not a band -- a difference there. You know, you look at and go should that be 90? Just --just an interesting thing when you see the jump from zero to 49, okay, then, you get a 30 percent jump and, then, a 20 percent jump and, then, a one percent jump. So, just -- yeah. Very -- very compressed. So, just something we can -- we can work through. Simison: Any additional comments from Council before we -- then I will just add in -- in addition, I -- you know, I don't disagree with anything that anyone has said in that regard, so I think that there is -- you know, to me it's a mentality, you know, on the golf course, for example. Bottom line didn't result, you know, that it covers its costs individually within there. I mean a great example is, you know, when I host the tournament there, you know, in theory that is a mostly individual benefit and maybe you should have a higher cost than the considerable individual per round when you come in and you want to do an event there, as an example. You know, there -- there are those type of things that might make sense with whether it's residents, whether it's all those different elements, but it is -- to me is top line at this point in time and -- and what is our expectations. But within there I think there is a lot of questions and better ways to look at how we -- what we charge for, et cetera, and -- and just a -- a good example is what do you do with our concessions? Is our concessions -- be considered -- considered, you know, a concession lease, so it should be in four or should it be put in five if that's where the golf course remains, because it's part of the golf course operations -- you know. And, then, I would suggest that stays within the golf course overall operations, instead of being pulled out and being its own set in with other concessions. That's my viewpoint, but how it gets applied -- all these have great dialogue built through in my opinion, but there are some things we can look at immediately for the golf course to help look at some things and, yeah, right now by rounds are up it's great. Mr. Siddoway. Siddoway: Mr. Mayor and Council, I was just going to offer part of the reason for the concession is -- for the compression, sorry, is that we have been viewing that Tier 5 hundred percent as a hundred percent plus and, you know, it -- like, for example, if there is an expectation that the golf course -- not just breaks even, but makes money to cover deficits elsewhere with the pool or wherever, that -- you know, that it would -- it would not just be a hundred, it would be -- we have an expectation of hundreds as a floor and it -- it could go up from there. So, you know, the concessions that are in there are like the -- the park concessions. They cost us very little to operate. We -- we -- we recover more than a hundred percent of what it costs us operationally to provide that concession, but it's -- so, it's a -- it's more of a hundred percent, plus as opposed to the other is like 80 to 99. The other one is a hundred percent and end up -- so -- but, you know, if you -- I can Meridian City Council Work Session November 22,2022 Page 17 of 22 see visually how that compression looks like. We only have a one percent difference. But we have been viewing it as -- because of that plus on top of the hundred percent and seeing that hundred percent more as the bottom, that that was -- if you look at it that way there is less compression and that was the perspective we were coming at it from, so -- Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I don't know if I subscribe to that, candidly. I mean why charge more than what it costs to provide the service? Even if you could doesn't mean you should perhaps. If we were to do that, then, let's label it accurately and say, you know, 150 percent to a hundred percent to be more candid about it, but I would rather charge no more than what's necessary to provide it, generally speaking. I mean we understand there is public benefits to the lower tiered -- Siddoway: Yeah. Borton: -- that we all as a community benefit from and having a Tier 5 subsidized at Tier 2 -- I don't know if I'm on board with that. Siddoway: Sure. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Isn't it sort of like if we take the case of the golf course, I guess the way I was thinking about it is these are direct costs; right? But you are not building in the indirect costs and so -- Siddoway: There are other costs, yes. Strader: Yeah. And so I -- I think it makes sense to -- at a later point like get more granular on each service within -- because I agree with all the comments; right: Like it makes sense to me that residents wouldn't pay the same as nonresidents. It make sense to me that the golf course should stand on its own two feet and -- and be self-sufficient to some extent, compared to other services we provide, considering, you know, the investment in it. But if you take the example of like introducing kids to golf, like there may -- there may be children who have never had the opportunity to learn golf; right? Something like that may not belong in Tier 5. So, I -- I could sort of see that each community amenity kind of goes along a spectrum of these different tiers, so sounds like heading in a good direction. Maybe we will get more granular at a later point. Siddoway: Mr. Mayor, Council Woman Strader, I would just say briefly that we think -- we think similarly that -- you know, that -- that intro to golf lesson could be like if -- especially Meridian City Council Work Session November 22,2022 Page 18 of 22 if it's in the activity guide could be considered more in the youth class level. But there is -- with the overlap, yeah, of where things are -- are counted it probably would end up in the golf course realm overall. But -- but I think in terms of philosophically, we are -- we are thinking the same way. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I think the granular next step makes great sense. So, do you have an idea of if -- if now or some point very soon the pyramid as presented is adopted -- or at least head nodded to move forward, is there a timeline where you think some more granular detail would come that says -- Siddoway: I'm not sure what that -- what kind of granular detail you are talking about, because it sounds like you are talking about granular detail of -- in sub elements within each element within each tier. Is that kind of what you are -- that might be a bit much for us to bite off in the first year. Borton: Maybe. I mean I assume that's something you are doing in-house internally to try and figure out what types of fees to recommend -- fee charged for every color. Siddoway: More on the recreation side, yes. I mean our -- our rec coordinators track their costs very detailed. There are other things in here that are new to us to be called programs. Borton: Maybe it's unique to the golf course, if that's one of the more complicated -- Simison: I -- I would suggest -- we have two new things. We have a new pool and we have a new golf course, which really haven't been looked at in the same aspect over time to look at what is the community benefit, the actual cost of operations and where people feel comfortable on any of those issues. So, I think that both of them will likely be a topic of conversation over this next year. Maybe some elements can be done sooner, other elements may take more time, but I think that's really what we are -- what we are looking at. There is really not a lot of other changes that are on here. But like Mr. Borton said, you may want to do --or Councilman Borton said --you may want to put a hundred percent to 125 percent. I think the difficulty is when you talk a hundred percent is any-- you never know if -- if we went back -- fall back on our rounds by 5,000 rounds -- I mean you -- you are never going to hit that one hundred percent on something when you are dependent upon people showing up and paying a cost. So, just the expectation moving forward. Yeah, if we were -- if we are hitting 135 percent for two years in a row, we may want to go back and look at that number and scale it back down, you know. So, that's what -- that to me is the -- at least personally I understand the hundred percent -- maybe more than hundred percent on any given year, because we just don't know how many people will show up or if we get the Borton and Lakey sponsorship for the driving range, as soon as that comes through I mean that could really change our pyramid, you know. Meridian City Council Work Session November 22,2022 Page 19 of 22 Siddoway: Mr. Mayor, I totally agree and -- and concur the -- you know, when we saw the FY-21 numbers come in at 82 percent, we were like this needs to be -- you know, putting it in Tier 4 will push us and, then, when we saw that the FY-22 numbers were coming in at the hundred percent level, we were like, okay, we can do this. You know, we are -- we are willing to -- it makes sense to have that conversation. But it is dependent on demand. Simison: Yeah. And as I -- I wanted to get through tonight before we have the next conversation,just to make sure we understood as a body where we felt and we, obviously, got to make a motion and at least agree to this before we can really start talking -- having conversations about raising or lowering revenue in any of our bands or programs. Siddoway: Thank you. Any other questions for me? Any other questions for me or Teresa? Simison: Well, you did hear Steve's request to at least have a motion to approve the pyramid. Council, are you ready for that or would you prefer to take a little bit more time and consideration, as we are without our parks liaison as well. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: We -- we have heard it a couple of times now. I -- I think we are comfortable with that. Yes, there is some details to work out now if we adopt that and move forward, but -- and everyone will certainly participate in that and -- and I didn't hear any objection previously to any of the -- of the structure of the pyramid and -- and that philosophy and that approach as a policy. So, I'm comfortable with moving forward with the vote, if other Council Members agree. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I am as well with the ranges and maybe not so much with the target within each range. I don't know if that's what you are seeking as well, but I understand the ranges. But also pinpointing the target within it, I'm not necessarily there. I don't know if you need that yet though. I think the pyramid itself is a useful tool. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Borton: Yeah. I see adoption of it would be the ranges and, then, having that specific target would be part of the exercise in -- in that and I don't know if Mr. Siddoway wants to comment on that, if he has a different take in how he was thinking about it before we make any motion. Meridian City Council Work Session November 22,2022 Page 20 of 22 Simison: Well -- and maybe a recommendation. Can we have the range four go up to 95 percent and the next one is 95 to 115 for now? If like say -- if you want to be honest, just to put something on paper. Jackson: Steve, if I -- Siddoway: Yeah. I wanted to see -- yeah. Go ahead, Teresa. Jackson: So, the ranges are set through the -- the -- the city's fees and charges policy and so we piggybacked on those. The target within the range, that's an aspect that we could remove entirely, because most tiers were performing at that higher end of your range we maxed it out for all cases, because we see the potential overtime that you could get to the max of the range within all five tiers. But it's not a necessity. In order to align with the finance policy, it's really working within those ranges and that's something through the study Steve and team were able to say, okay, we are meeting these cost recovery goals. There aren't significant areas that we need to make up in at this point. Simison: I retract my dumb statement that it's already in policy related to that. Another one thing that you mentioned, Councilman Borton, is you did mention moving swim lessons. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I think it was in -- it was in Tier 3, to move it to Tier 2. 1 just -- I don't know if that gets you there. I don't if it actually makes too much of a functional difference in the cost. If there is the promotion of scholarship opportunities for folks who are of limited means to encourage them to participate, that's probably as important, if not more important, to ensure that our public participates -- has a chance to participate in it. So, that was really good -- great to hear. Siddoway: Mr. Mayor, Councilman Borton, love the conversation. We also feel that -- that swim lessons are incredibly important and we want to encourage as many as possible to be able to take them and we are -- the city's been very generous -- sorry. The City Council has been very generous with us this year in additional funds for scholarships and we are looking at ways to make those available for swim lessons as well. Borton: Mr. Mayor, that probably addresses -- Simison: Councilman Borton. Borton: -- the opportunity that we are trying promote. So, that's great. Strader: Mr. Mayor? Meridian City Council Work Session November 22,2022 Page 21 of 22 Simison: Council Woman Strader. Strader: I'm -- I'm good to move forward on this basis subject to having further conversations about the golf course and the pool like we talked about. Simison: Then with that do I have a motion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we adopt the pyramid cost recovery model for the Park and -- Parks and Recreation Department. Strader: Second. Simison: I have a motion and a second. Is there any further discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the pyramid is adopted. More conversations to come. MOTION CARRIED: FOUR AYES. TWO ABSENT. 14. Discussion of Civic Block Time Extension Request Simison: Okay. With that we will move on to Item 14, discussion of Civic Block Time Extension request and turn this over to Councilman Hoaglun. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. Thank you for this. One of the key aspects of the time extension request is the Hunter Lateral and -- and within that is the understanding of what that cost might be to do that. Those costs aren't quite available yet. So, we definitely want to continue this and John McGraw for River Caddis will be here at our meeting on December 6th, so this will be on our work session for that date and have that discussion about the time extension, Hunter Lateral costs, and those types of things and, hopefully, we will be able to take action that evening on that request. Simison: Thank you. Council, any questions for Councilman Hoaglun at this time? All right. Then we will consider Item 14 done and added to the next meeting on the 6th. Hoaglun: So, Mayor? Simison: Councilman Hoaglun. Meridian City Council Work Session November 22,2022 Page 22 of 22 Hoaglun: I move we adjourn the work session. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 5:29 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 12 / 6 2022 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Approve Minutes of the November 9, 2022 City Council Regular Meeting APPROVED ] Meridian City Council November 9,2022 Page 18 of 18 MOTION CARRIED: FOUR AYES. TWO ABSENT. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics? Or do I have a motion to -- oh, Councilman Cavener. Cavener: Oh, no. Mr. Mayor. Shaking my head no -- no future meeting topics. Simison: Okay. Hoaglun: Mr. Mayor, for future meeting topics, I just thought since we have a state senator elect within our midst maybe we should devote a meeting to all the things that we need from the legislature and get our wish list together, so -- Cavener: I will -- I will second that if that was a motion. Cavener: I would love to listen. Bring it. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we adjourn. Simison: Have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FOURAYES. TWOABSENT. MEETING ADJOURNED AT 6:42 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 11-22-2022 ATTEST: CHRIS JOHNSON - CITY CLERK 11-22-2022 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Final Plat for Foxcroft Subdivision No. 1 (FP-2021-0049) by Kent Brown Planning, located at 3515 W. Pine Avenue and the surrounding property south of Pine and east of Ten Mile Creek APPROVED STAFF REPORT E COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT I D A H O HEARING 11/22/2022 Legend � r4 DATE: Project Location - L-0-, 0 TO: Mayor&City Council R t 4 -C- -G L- L L 'O t d . R-8 FROM: Joseph Dodson,Associate Planner ® �` 208-884-5533 RUT.-R-15 1-8 RUT R-8 R-8 R-15 L_O SUBJECT: FP-2021-0049 RR 1$ s C-C Rho- Foxcroft No. 1 FP � k R-8 RUT R � C-C LOCATION: Phase 1 is located at 3515 W. Pine R-15 R LIT R-15 R-40 I-L L Avenue and the surrounding property M_E TN R C-N south of Pine and East of Tenmile Creek, R5 R-15 R-15 RUT in the NE 1/4 of the SE 1/4 of Section 10, RUT R-8 R'-I$ C_C C►�=G C_G C- G Township 3N, Range 1 W. R-40 R-40 RUT R-15 TN-C C-Cap R-40 I. PROJECT DESCRIPTION Final Plat consisting of 46 residential building lots and 18 common lots on approximately 14.07 acres of land in the R-8 zoning district,by Kent Brown Planning. IL APPLICANT INFORMATION A. Owner: Corey Barton,Open Door Rentals— 1977 E. Overland Road,Meridian, ID 83642 B. Applicant Representative: Kent Brown,Kent Brown Planning—3161 E. Springwood Drive,Meridian, ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2020-0113) as required by UDC 11-6B-3C.2. The submitted plat includes one(1)less buildable lot(46) for the subject area than was approved with the preliminary plat(47). Furthermore, the submitted final plat depicts the required street buffers and pathways as required by the Development Agreement(Inst. #2021-126693) and the same amount of common open space as previously approved. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. Page 1 IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: February 2021) PRELBANARY PLAT FOR m '{ P�3CROPT S[JBDIVTSION t ------------- �l •.,''�. ♦ - v T-� ..; --�—•� � suEa.m"��-� p,a:a�.osre. $' S ��•. 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Page 3 FOXCHOFT SURDIVISIOV NO- I it UNPLAlMD M AW.W. wwww%*" I J ----------—------------------- - -- ------------- F r 0-cm, W —411-1, -M SUL*a 4 t.: MU HH3H PWS SIA. -------------- SCALF N4 FEET Now_ � ,�alleyEnglneeflng.lnjc M SIC" I"I I I'm IOTO SMUT 2 a,is Page 4 FOXCROFT SUBDIVISION NO- ] `N x 91�.Iq.i ry l r ti".Y f•• ) �� ¢ � f I I � { ` PIMES 9.1B. 4 tt a d 5 Q �. &L � � r�,rVr � ^R• �.y• —J L R8.1➢1R�'G"5 4-_- � �� SO 0 2S � IW [` • •^~7 `�-- �rir,' Syr —o �Ey' SCALE 16 FEE1 _r.r. n•n Beau - 1 4T377 WmQN RAMS RALRCLW �4 F.�oen r•rr „°v'0„ a reFeftilcy Engineering,Inc, 7EP�{OF S FQ S11�R h dJIM 7Ae1.C5 CML EhGIhEEIUMGIPL3MMFRGECADP gm wg Page 5 C. Landscape Plans (Revision date: 8/16/2022) .:•'..:•.•7.. _ , __ ••'!L A_� mew r � "',°ar`°�:�"`' s... � y� � IN _ - Z -r I y 449 tiF-,, "spa z a a J O > a i Z 0 a a � �lIiCA IYE L2 r Q m W - - - - - — PLA?rT — MATCHLINE LLa— ] } N w \ =%f=, 0 -j LL J U s• `\ M 4ctY ~' xon�.ana Z I4 Mr Page 6 _e _ m •� �� 1J Lr LTJ L I I w a ❑ U N � 11 z o a �ANTSGHEg1lLE Q F Nares O a o } 0 a z�e� s `T ..r rr ax uvn.rmd•.�i 7l or...•.-. - .- — — ' b ors ■Z a r a 6 z w azz a ❑ W V) d > Q z ❑ 4 PLANT 5GHVI;ULV j W pyprEer J «,r ..,. .,>, ..x,�.........e N W or Q ?( J L F p�Q� .ENSEIf n •�, _ Ll Page 7 D. Cross Access Exhibit to Mile High Pines: CROSS— Cks ' BETWEEN F XCR FT N D M LE - I H P1 {`SU L LLJ 41 i i E91STING DRIVE T ----'- LOT 11 BLOCK —OXCROFT SUB NO . 1 CROSS — ACCESS EXHIBIT Rile Engineering, Inc. 2FIN1 W ENGINEERINGIPUMNING I CADD 1119 C.STATE ulT1EFf,QUITE 21U TEL ��CU19 SCALE IN FEET EAGLE. IU&B1d .. „ Page 8 E. Common Drive Exhibits (Lot 9 &Lot 14): W Su, AR PINE C . T. .— — SETBACK p BLDG AREA I 4ul$ 9L� 9193 SF V r3243 SF 15.fl4' ------------- � I — IF BLDG AREA f ¢ a F. BLDG AREA Rrpl 3010 Sf aFE4 VGM 3G1� --- _---_— now FEMX _ — — —is �( Y 0 10 20 io FOX CROFT SUB NO. 1 '--ALE flu ff-E-r LOTS 7 & 8 BLOCK 1 SHARED ACCESS le1—c—ftu mid= CAOtAiley Engineering, Inc. 20' SHARED DRWE Cm UmEouwa jPumim I CADD TYPICAL SEXTON lriF o-TOFmLLarc -o RI Ar-a..,,_, i!4C OiD1G raroWNgrrt . MDT 1z SEAM Page 9 .opl 3 w4:sIJ MWE CT I,} i #` t 4 44i or s 1, BLDG AREA " m' BLDG AREA 5100 E 32.#3 5E { 1 #4 x 1 �v UO I D' C 4 maw r �rr� _ I ——— —� r �— --- — BLaQ AREA - --�-----_ � 31 ' F $ g DING AREAS 66' 1 I 13 fl � a ti nsran — --- a_---- MGM FEhICE (75'P} ° FOXCROFT SU3 NO. 1 5G&E *4 FM-r LOTS 12 & 13 BLOCK 1 1'�20■ SHAFTED ACCESS ` 0 ai Engineering, Inc_ le���� nY -e-4-f-.h d-4ii ■ IrlC1"IL SEL I■ON 111'$IL �lAd.��e-01. :A 1 1LI ko&4uoqcw J NOT TO 4f`J1 F Page 10 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development: H-2020-0113 (DA Inst. #2021-126693);A-2022-0088 (Foxcroft No. 1 pathway ALT). 2. The applicant shall obtain the City Engineer's signature on the final plat by June 8,2023, within two(2)years of the date of approval of the preliminary plat(June 8,2021),in accord with UDC 11-6B-7, in order for the preliminary plat to remain valid or a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B,prepared by Bailey Engineering, stamped on 07/31/22 by Cody M. McCammon, is approved with the following conditions to be completed at the time of Final Plat Signature: a. Revise plat note#21 or add additional note referencing access to Mile High Pines to the east and include recorded instrument number of cross-access; b. Add plat note or note on the plat,the emergency access to Mile High Pines at the end of W. Sugar Pine Court. c. Revise street names per the street name approval from Ada County dated July 29,2021. d. Remove plat note#24 if plat note#21 addresses cross access. e. Plat Notes#12-19, include recorded instrument numbers. 5. The submitted landscape plans, as shown in Section V.C,prepared by Bailey Engineering, with a revision date of 8/16/22,is approved as submitted with the following conditions: a. Revise the plans to match the latest plat revisions and depict the required common lots for the common driveways along the south boundary(Lots 9& 14,Block 1). b. Depict the required landscaping adjacent to the common drives for those lots not taking access from said shared driveways,per UDC 11-6C-3D. 6. Revise the common drive exhibits for Lots 9& 14,Block I to depict the shared driveways extending at least 20 feet into the servient sites to ensure future homes have at least 20 feet of driveway on their properties and do not have to cross a neighbors' property line to leave their property. 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 of Approval 1. The bottom of structural footing shall be set a minimum of 12-inches above the highest established normal ground water elevation. 2. Floodplain Development Permit required for Pine Avenue bridge and the pedestrian bridge. Updates to hydraulic model may be required if any design changes have been made since previous Page 11 review. General Conditions of Approval 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Page 12 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-413. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11-313-6.). The applicant should be required to use any existing surface or Page 13 well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 14 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Final Order for Apex Northwest Subdivision No. 3 (FP-2022-0032) by Brighton Development, Inc., generally located in the northwest corner of Locust Grove Rd. and E. Lake Hazel Rd. APPROVED ] BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: NOVEMBER 9, 2022 ORDER APPROVAL DATE: NOVEMBER 22, 2022 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 56 BUILDING ) CASE NO. FP-2022-0032 LOTS AND 16 COMMON LOTS ON ) 11.967 ACRES OF LAND IN THE R- ) ORDER OF CONDITIONAL 8 AND R-15 ZONING DISTRICT ) APPROVAL OF FINAL PLAT FOR APEX NORTHWEST ) SUBDIVISION NO. 3 ) BY: BRIGHTON DEVELOPMENT ) APPLICANT ) This matter coming before the City Council on November 9, 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 APEX NORTHWEST SUBDIVISION NO. 3, A PARCEL OF LAND SITUATED IN A PORTION OF THE SOUTHEAST '/4 OF SECTION 31, TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2021, HANDWRITTEN DATE: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR APEX NORTHWEST SUBDIVISION NO. 3 FP-2022-0032 Page 1 of 3 9/7/2022,by AARON L. BALLARD, PLS, SHEET I 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 11/9/2022, a true and correct copy of which is attached hereto marked"Exhibit A" 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 issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR APEX NORTHWEST SUBDIVISION NO. 3 FP-2022-0032 Page 2 of 3 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 22nd day of November 2022. By: Robert E. Simison 11-22-0222 Mayor, City of Meridian Attest: Chris Johnson 11-22-2022 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 11-22-2022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR APEX NORTHWEST SUBDIVISION NO. 3 FP-2022-0032 Page 3 of 3 EXHIBIT A E IDIAN:�- COMMUNITY DEVELOPMENT DEPARTMENT I D A H O HEARING November 9, 2022 DATE: TO: Mayor&City Council o FROM: Stacy Hersh,Associate Planner o 208-884-5533 E.LANE HAZEL SUBJECT: FP-2022-0032 Apex Northwest No. 3—FP LOCATION: Near the northwest corner of S. Locust Grove Rd. &E. Lake Hazel Rd., in the SE 1/4 of Section 31,Township 3N., Range 1 E. I. PROJECT DESCRIPTION The Applicant requests approval of a final plat consisting of 56 single-family residential buildable lots and 16 common lots on 11.967 acres of land in the R-8 and R-15 zoning districts. II. APPLICANT INFORMATION A. Applicant: Josh Beach, Brighton Development—2929 W.Navigator Dr., Ste. 400, Meridian, ID 83642 B. Owner: SCS Investments,LLC—855 W. Broad Street, Suite 300,Boise, ID 83702 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2021-0087)and the final plat(FP-2021-0038)for Apex Northwest Subdivision No. 2 in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. Staff has reviewed the proposed final plat and the number of buildable lots and the amount of common open space area is the same. Page 1 Therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat per the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 8/16/21) APEX WEST SUBDIVISION PRELIMINARY PLAT A PARCEL OF LAND 51TUATED IN A PORTION OF THE SOUTHEAST 1/4,THE NORTHEAST 1/4 OF THE SOUTH WEST 1/4,AND THE SOUTHEAST 1/4 OF THE NORTHWEST 114 OF SECTION S1,TOWNSHIP I NORTH,RANGE I EAST, '^ ROISE MERIDIAN,ADA COUNTY,MAHO. - PREIIMIIWRYftAE pPTN - -- -- 1 ° m,a W`� °.•,« ° uEM wEsrsuaolv�o�u MERMAN.I DAHO Page 3 B. Final Plat(dated: 9/7/2022) PLAT of ® a. APEX NORTHWEST SUBDIVISION Na.3 Mm 1 � § p $ g ? $ ' ID @ ® �' _ 0i ® R 4 } a,a -� -- --ate-- -- - -- - a�=- -_ _- -- - -- - p IAOY 0 oa_ o � og;_ ol� o oo 8 ® It � �� � � upam I ,Y�i � i ,ary.59 p i 99•s�M Brighton ;� aK a I C0�Pid�ti�n I II a kg arulyi �4 i ¢¢ gg a __ q EMNn.tlleft. p Issa I Ion ------------------------- See Sheet 3 PUT of APEX NORTHWEST SUBDIVISION No.3 ® E-14 • See Sheet ________________________________--_______----______ Toi $ ��I oRoA •v' ' Ivor 1 L t } I ] 1 a I Y apauw Ian Brighton Corporawn m.nr.l.wal. lam PLAT OF APEX NORTHWEST SUBOIV€SION No.3 RRIFIGIiF a 01VINA . ��I v��a+�sen"�1i4 [v yaw r[n v. awrcola,xs'f�£'J[rs m i.cvu...m.[.vns ro vr.e[ ,cg a Qa•ae en eleMer aeR •�h;�b���+�cainro�s�n��ort�iyep�rt i-[svxuouw�ne[[xcweav[rw aa+Tx w�MCAuc*[a.,K.Nd+lit v[TM6 Mn tii s�i wi n�� «e rtamn aua.o�or�w rcwcac+w.a�m..row.ae""o-['ram e ode.6 i w o�°�rtA[aw"�"imm""'on[:wu[,�.cx'�s usm FZ nnnrv..•o 7 *aa:m:in��'w+i[ae�+.`ai[+s%�`[°`�`an �� w�� re'r w�[s>�R�.w�°'��[[�10.T"`�a�•�,�m,�aem.e'°'a,.ra,�,c [:da.—o.:':��0 ...a�rra�•.[n.�w�xrar�s _ w.s a a nc.ot�ma(q rmmr .ff�®®cno ero m is:rn:[:mi, e°1.m.rm we.•i s sw"O. m a,.cw wo[cw[u.[ae ewrt.m xa.adwF..�.imeo�,w d w M cMum�.n_wx >�rie"'r� we:w eae.[.,am,vm vee.[mx en:ue.eue.xc ae aimr[r« �[e aam:e[ roe >.4 a y[rx�u w�i•[eM t0•I.q- K�� lil ebfu°a 16 9003- [Rlwtt V WA CMin�ee�uoaa h•ah Y 4Mp�,�r f•IpMT•u rsiwum x> • " _ 1 nWOry•n`paj n a�a owxrurr a uvaa n r iux[an-nrrbwxxe[[Mmr�dr�,�OµRf0..yM[Y[s� M 1ita w'Yxo vew �.]Y]Ra.��S5[]�o, qo.Y�u�seVl*�w llri�lrtRlVraRS1CPV rcR uNxR 4.YVl4 t[GW19 m°[a.[u w+ts[ure. 9lrnt[roar rn[rm m,uvoe.wee in[m' �c[ow,rvs�[um a wix[ R ke- uei9..fi N,Kur dnie�uaem,exe i°e[-M x emi[eu�pia my e0<RCflm•t ��H!•••�En'�K�Fse l'WVr[t M.4�R+�t w:�efifwie33�wx•e[IxY[I[a..w,[�m nu[. ,N Oaruc[a v�C+WM+��F s •�LCt lW'tf1Yy b� M rpmi[Cf w 9w NR uY M Mm1TaY A Oouc[�pw RR n�M1r ditrauA raAToad e2 nlrCp f0 i eft�•rpYfN1 MrcP F•fP�ixi.t[ce�3�mn�i[en eerie a ,a�lu�ya¢rb rN y'pA-x{uNvi,NlneF a.vmnns m•orx w[[14w[•ERxa eF[ntMKxa w 3001-� ♦o�Ovxh,d+�0�� n6iL°wd.� IVGt �eVlxrt�[MLLf WrwLE aRrnaTsa suvnw «wo: wr Ion t' e[o[[[ e[e Brighton Corporation Irldlw,eLb Page 5 C. Common Driveway Exhibit 10 �5----- T ----� t- W = m� r O S W 3 - - z ftI 16 6 A HON-BVRD r CdINON lbT WfIN A 61ANKET •,.�:.- � � J �S O ti wcR[ss/ecRssa BASEMEN IN-,,, p g v w FnvOk OF Ibis 15.1].M, 11%OLM 1 - 20' — E.KINNACNT 5T. o kin ff RING DRNEWAY FOR LM 19& K=TO BUKLING oN,,,E pwpSnE sRE E,IKEIORE Df THE SHARED CGI[rIGN[NME IYPICR. PHOPERry UNE EX.2.0 � e`PKEOFlDq•''. *LOTI15-19, BLOCK 7 u ao So- Yu w� clan xalR:r=aG• l<...SCA�P.+ D. Landscape Plan(dated: 9/9/22) G tip 0 0 0 0 © o 0 0 o 0 e, m ® l �\LANDSCAPE PLAN lam Vn.nN� s - :d6 A090 .®" S.rM m"°"_ .YY°a �5FS5YiG' . -P 1 _ 2 ems - 1 AI a v m.�. zp— fli LIE - s Page 7 VI. CITY/AGENCY COMMENTS& CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development [H-2020-0066 (Development Agreement Inst. #2020-178120 (Apex); H-2020- 0117, Development Agreement Inst. #2021-102396 (Schafer View Terrace); Preliminary Plat H-2021-0087; Apex Northwest Subdivision No. 2 FP-2021-0038]. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of City Council's approval of the previous phase final plat; or apply for a time extension, in accord with UDC I 1-613-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by KM Engineering stamped by Aaron L. Ballard, dated: 9/9/2022, included in Section V.B shall be revised as follows: a. Include the recorded instrument number of the City of Meridian easement graphically depicted and noted on Sheet 2 and 3. b. Note#9: Include the recorded instrument number of the ACHD public right-of-way easement(sidewalk). c. Note#10: Include the recorded instrument number of the City of Meridian easement. d. Note#18: Include the recorded instrument number of the City of Meridian easement. e. Depict an easement or a common lot for the portion of the 20-foot wide street buffer on the west side of Apex Avenue along the rear of Lots 15-25, Block 7 per the conditions listed in the preliminary plat(H-2021-0087). 5. The landscape plan prepared by KM Engineering, dated 9/9/22, included in Section V.C, shall be revised as follows: a. Include calculations in the Project Calculations table that demonstrate compliance with the standards for pathway(11-3B-12C)landscaping; include required vs.provided number of trees. Landscaping is required along all pathways. b. Depict a portion of the 20-foot wide street buffer or common lot on the west side of Apex Avenue along the rear of Lots 15-25, Block 7 with landscaping in accord with the standards listed in UDC 11-3B-7C per the conditions listed in the preliminary plat(H-2021-0087). 6. The rear and/or side of structures on lots that face E. Crescendo St. and S.Apex Ave.,collector streets, shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step-backs,pop-outs),bays,banding,porches,balconies, material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 7. All alleys shall comply with the standards listed in UDC 11-6C-3B.5. The construction drawings shall reflect compliance with these standards. 8. Off-street parking is required to be provided for all residential units in accord with the standards listed in UDC Table 11-3C-6 based on the number of bedrooms per unit. 9. 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. 10. All fencing shall comply with the standards of UDC 11-3A-7C. 11. Revise the common driveway(Lot 16,Block 7)on Exhibit C. Extend the common drive on Lot 15, Block 7 and depict identical building setback envelope show on the adjacent lots to prevent homeowners from backing down the common driveway in accord with UDC 11-6C-3D. 12. All alleys shall serve as fire lanes and be signed"No Parking Fire Lane". 13. Future development shall be consistent with the minimum dimensional standards listed in UDC Tables 11-2A-6 and 11-2A-7 for the R-8 and R-15 zoning districts. 14. Off-street parking is required to be provided for residential uses in accord with the standards listed in UDC Table 11-3C-6 based on the number of bedrooms per unit. B. Public Works Site Specific Conditions:None 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 Page 9 20%of the total construction cost for all completed sewer,and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 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. hi performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 11 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Findings of Facts, Conclusions of Law for Bridgetower Multi-family (CR-2022- 0006 and H-2022-0047) by Alpha Development Group, located at at SO427438410 on the north side of W. McMillan Rd. between N. San Vito Way and N. Vicenza Way, near the northwest corner of N. Ten Mile Rd. and W. McMillan Rd. APPROVED CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN,- , AND DECISION&ORDER A In the Matter of the Request for Request for Conditional Use Permit(CUP)for a multi-family development consisting of 235 units on 16.61 acres of land in the R-15 zoning district,by Alpha Development Group. Case No(s).H-2022-0047& CR-2022-0006 For the City Council Hearing Date of: November 15,2022(Findings on November 22, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of November 15,2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of November 15,2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of November 15, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of November 15, 2022, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Bridgetower Multi-Family CUP—FILE#H-2022-0047) - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 15, 2022, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Conditional Use Permit is hereby approved per the conditions of approval in the Staff Report for the hearing date of November 15,2022,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one (1)two(2)year period.Additional time extensions up to two (2)years as determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title I I(UDC 11-5B-6F). E. Judicial Review Pursuant to Idaho Code § 67-6521(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of November 15,2022. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Bridgetower Multi-Family CUP—FILE#H-2022-0047) -2- By action of the City Council at its regular meeting held on the 22nd day of November 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 11-22-2022 Attest: Chris Johnson 11-22-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 11-22-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Bridgetower Multi-Family CUP—FILE#H-2022-0047) -3- EXHIBIT A E COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT I D A H O HEARING 11/15/2022 Legend DATE: 0 — TO: Mayor&City Council Project Location �::�,- FROAM: Joseph Dodson,Associate µ Planner ® ® ®� El 208-884-5533 ® /J/ SUBJECT: H-2022-0047 &CR-2022-0006 Bridgetower Multi-family CUP ' LOCATION: The site is located at _ S0427438410 on the north side of ' W. McMillan Road between N. ® � San Vito Way and N.Vicenza Way,near the northwest corner of N. Ten Mile Road and W. McMillan Road,in the SE 1/4 of b Section 27, Township 4N,Range 1W. I. PROJECT DESCRIPTION Request for Conditional Use Permit(CUP) for a multi-family development consisting of 235 units on 16.61 acres of land in the R-15 zoning district,by Alpha Development Group. IL SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 16.61 acres(R-15 zoning district) Future Land Use Designation Mixed Use Community Existing Land Use(s) Vacant Proposed Land Use(s) Multi-Family Residential Lots(#and type;bldg./common) One(1)multi-family residential building lot Number of Residential Units(type 235 multi-family units— 14 two-story buildings and one(1)3- of units) story building. Density Gross— 14.16 du/ac. Open Space(acres,total 6.78 acres(295,401 s.f.)of qualified open space proposed [%]/buffer/qualified) according to open space exhibit(approximately 40%). Amenities At a minimum, 13 amenities are proposed—See amenity Exhibit in Section VII below. Neighborhood Meeting date May 23,2022 History(previous approvals) CPA-08-003 (Comp Plan Map Amendment to change property to Mixed-Use Community);H-2019-0001 (Summerwood MDA,DA Inst.#2019-055407);A-2020-0162(PBA);H-2020- Page 1 EXHIBIT A Description Details Page 0108(MDA,PP,RZ—Commission recommended denial, application was withdrawn);H-2021-0094(MDA; Council denied MDA request). Public Comments As of publication of this staff report on the morning of August 26',there were 24 entries of public testimony.Please see record here to review in detail. In general,the neighboring community is against the proposed multi-family project and cites additional traffic concerns,over-crowding at the local elementary school (Pleasant View),and a general desire not to have multi- family residential near their homes. B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State Access is proposed via driveway connections to existing Hwy/Local)(Existing and collector roadways(San Vito Way&Vicenza Way)—two Proposed) along the east boundary,and one along the west boundary. Stub Street/Interconnectivity/Cross Interconnectivity is proposed through the site via multi- Access family drive aisles;no new public roads are proposed or required with this development. Existing Road Network All abutting public roads are existing. Existing Arterial Sidewalks/ Adjacent collector and arterial roadways have existing Buffers buffers and detached sidewalks. Proposed Road Improvements ACHD,per traffic study analysis,is requiring a westbound right-turn lane onto Vicenza Way on W.McMillan Road.No other road improvements are proposed or required by ACHD. Distance to nearest City Park(+ Approximately 0.5 miles to Heroes Park to the northeast on size) the east side of Ten Mile Road. Fire Service • Distance to Fire Station 1.5 miles from Fire Station#5 • Fire Response Time This project lies within the Meridian Fire response time goal of 5 minutes. Wastewater No issues noted. Water No issues noted. Page 2 • 1 - . l 1 1 1 -III IEIIIHI - • - • e e-illu - • - • II ( __ rn•� i 11 n Lni . . IN nr nn1■ n ■ :iiiI - � No 11ol11 n in - .An°1S1r�1k�i+m- - BIR i... 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Q - �� A -nullr r Ivrrurrp �� � A 'nap -'I■nulrkI,nL.r., ■�'�rrd■n --�i■nulrk J��rr - 11..:z naulll Innl.-, Il�rm:Spnium W _ .In _-....r111._ f.,11 lur• y mw�:Imnn■-► i u nniedm= •non�:nmm�= �n nnm� _ ��,�i�n nuns►q��! A�- III IIIII I •+or =___IIIIIII 3= i rA l-.. 1!I IIIII ll■i-r■C • • IN • l .. 1 . II 111 1 : .. 1 lr- 1 • •. � 111 1 � . .- :� 1 1 EXHIBIT A IV. NOTICING Planning& Zoning City Council—Council Posting Date Review Posting Date Newspaper Notification 8/17/2022 10/30/2022 Radius notification mailed to properties within 500 feet 8/11/2022 10/27/2022 Public hearing notice sign posted 8/10/2022 11/1/2022 on site Nextdoor posting 8/11/2022 10/28/2022 V. STAFF ANALYSIS A. PROPERTY HISTORY&COMPREHENSIVE PLAN ANALYSIS: The subject property, approximately 16.6 acres, is part of a larger Mixed-Use Community(MU- C) area that encompasses more area to the north and some area at the southwest corner of McMillan and Ten Mile—this designation calls for a mix of residential and commercial land uses that are thoughtfully integrated. In addition,the other hard corners surrounding this arterial intersection are noted as commercial and have existing or developing commercial uses. The existing DA includes a concept plan for the overall mixed-use area from 2008 when the property received a Comprehensive Plan Map Amendment to change the property from Medium Density Residential to Mixed-Use Community. The current concept plan depicts a large-scale business park consisting of a private hospital or other large employer, large and small-scale retail, professional and personal services,restaurants, and, specific to this property, an area of residential buildings that were originally intended as assisted living facilities with supportive medical offices. Three public streets abut the subject site on the west, south, and east boundaries that limit access to the site: San Vito Way on the west,McMillan Road(an arterial street) on the south, and Vicenza Way on the east.Vicenza and San Vito are collector streets that do not currently connect north of the site but are planned to connect north of the site and continue to the northeast and connect to Ten Mile,as shown on the Master Street Map. This project is not responsible for the extension of these roads as this property owner does not own the land to the north. In addition, Vicenza Way currently only provides access to the Wal-Mart property that has access to Ten Mile through shared drive aisles whereas San Vito Way is the main access from McMillan to the Bridgetower Subdivision and W. Gondola Drive, a collector street that connects out to N. Black Cat west of the subject site. Because of the existing conditions and the desires of neighbors,the submitted site plan depicts two access points to Vicenza Way to the east and one access point to San Vito Way to the west. Overall,these connection points and the internal drive aisle layout shown on the site plan show adequate circulation for the site and the two south access points, one to each adjacent collector street,provide a connection between parcels that should help capture nearby vehicle trips to and from the commercial area at the northwest corner of McMillan and Ten Mile and minimize the need to access the arterial street network. Because this mixed-use area is not yet developed and the site is already zoned for residential uses (R-15 zoning district), Staff finds the proposed development helps this area comply with some mixed-use policies when incorporated into the remaining mixed-use area and the nearby commercial uses in the adjacent commercial designation. At a minimum, Staff finds the proposed development helps meet these specific mixed-use policies: Page 4 EXHIBIT A • Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks,plazas, outdoor gathering areas, open space, libraries, and schools that comprise a minimum of 5%of the development area are required. Outdoor seating areas at restaurants do not count towards this requirement. • All mixed use projects should be accessible to adjacent neighborhoods by both vehicles and pedestrians. Pedestrian circulation should be convenient and interconnect different land use types. Vehicle connectivity should not rely on arterial streets for neighborhood access. • A mixed use project should include at least three types of land uses. Exceptions may be granted for smaller sites on a case-by-case basis. This land use is not intended for high density residential development alone. Based on the analysis above, Staff finds the proposed plan is generally consistent with the vision of the Comprehensive Plan for this area in regard to land use,density and transportation. Specific code analysis is below. B. UNIFIED DEVELOPMENT CODE(UDC)ANALYSIS Conditional Use Permit(CUP)—Multi-family Development(UDC 11-4-3-2 Specific Use Standards: A. Purpose. 1. To implement the goals and policies of the Comprehensive Plan: a. Plan for safe,attractive,and well-maintained neighborhoods that have ample open space, and generous amenities that provide varied lifestyle choices. b. Require the design and construction of pathways connections,easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities as part of new multi-family residential and mixed-use developments. 2. To create multi-family housing that is safe and convenient and that enhances the quality of life of its residents. a. To create quality buildings and designs for multi-family development that enhance the visual character of the community. b. To create building and site design in multi-family development that is sensitive to and well-integrated with the surrounding neighborhood. c. To create open space areas that contribute to the aesthetics of the community,provide an attractive setting for buildings,and provide safe,interesting outdoor spaces for residents. B. Site design. 1. Buildings shall provide a minimum setback of ten (10) feet unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into account windows, entrances, porches and patios, and how they impact adjacent properties. Based on the submitted Site Plan, this requirement appears to be met. 2. All on-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. The Applicant shall comply with this standard. 3. A minimum of eighty (80) square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches,patios, decks, and/or enclosed Page 5 EXHIBIT A yards.Landscaping,entryway and other accessways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section, the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-5B-5 of this title. The submitted elevations do not clearly depict compliance with this standard but do show patios and decks for each unit.In addition,floor plans were submitted as an additional means of verification and Stafffinds the proposed units do comply with this standard. Staff will verify compliance with this requirement with the future Certificate of Zoning Compliance (CZC) application; the Applicant is required to comply with this requirement or obtain Alternative Compliance. 4. For the purposes of this section,vehicular circulation areas,parking areas,and private usable open space shall not be considered common open space. None of these areas were used towards the common open space calculation. 5. No recreational vehicles, snowmobiles, boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area. The Applicant shall adhere to this standard. 6. The parking shall meet the requirements set forth in chapter 3, "regulations applying to all districts",of this title.See the parking section in the general analysis below. 7. Developments with twenty(20)units or more shall provide the following: a. A property management office. b. A maintenance storage area. C. A central mailbox location, including provisions for parcel mail, that provide safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. The Applicant is proposing more than 20 units (235 units) so the Applicant is required to provide the items above in compliance with this standard. The submitted Site Plan does not depict a maintenance storage area but all other requirements are depicted. The Applicant should revise the site plan to show the maintenance storage area with the future CZC application. C. Common open space design requirements. 1. The total baseline land area of all qualified common open space shall equal or exceed ten (10)percent of the gross land area for multi-family developments of five (5) acres or more. The multi family area is greater than 5 acres in size, approximately 16.6 acres. According to the submitted open space exhibit, the Applicant is proposing approximately 6.7 acres of qualified open space for the project, well in excess of code requirements. See the open space section below for more specific analysis. 2. All common open space shall meet the following standards: a. The development plan shall demonstrate that the open space has been integrated into the development as a priority and not for the use of land after all other elements of the development have been designed. Open space areas that has been given priority in the development design have: (1) Direct pedestrian access; Page 6 EXHIBIT A (2) High visibility; (3) Comply with Crime Prevention through Environmental Design(CTED) standards; and (4) Support a range of leisure and play activities and uses. b. Open space shall be accessible and well connected throughout the development. This quality can be shown with open spaces that are centrally located within the development, accessible by pathway and visually accessible along collector streets or as a terminal view from a street. c. The open space promotes the health and well-being of its residents. Open space shall support active and passive uses for recreation, social gathering and relaxation to serve the development. Staff finds the proposed open space complies with these standards by providing open space that is well connected, highly visible, and promotes health and well-being by supporting a range of leisure and play activities with the proposed amenities and general design of the open space. 3. All multi-family projects over twenty(20)units shall provide at least one(1)common grassy area integrated into the site design allowing for general activities by all ages. This area may be included in the minimum required open space total. Projects that provide safe access to adjacent public parks or parks under a common HOA,without crossing an arterial roadway, are exempt from this standard. a. Minimum size of common grassy area shall be at least five thousand(5,000)square feet in area. This area shall increase proportionately as the number of units increase and shall be commensurate to the size of the multi-family development as determined by the decision-making body. Where this area cannot be increased due to site constraints, it may be included elsewhere in the development. b. Alternative compliance is available for these standards,if a project has a unique targeted demographic; utilizes other place-making design elements in Old-Town or mixed-use future land use designations with collectively integrated and shared open space areas. The submitted plans depict compliance with this standard in multiple places throughout the site. 4. In addition to the baseline open space requirement,a minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150) square feet for each unit containing five hundred(500) or less square feet of living area. b. Two hundred fifty (250) square feet for each unit containing more than five hundred (500)square feet and up to one thousand two hundred(1,200)square feet of living area. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of living area. Per the submitted open space exhibit and landscape plans, Staff finds the project to be in compliance with this standard by providing approximately 6.8 acres of qualified open space which equates to approximately 40%of theproperty to be open space. The submitted open space exhibit depicts the qualified open space. According to the submitted plans, the three largest areas of open space are located at the southeast corner of the site, the central open space area, and along the north boundary. The Page 7 EXHIBIT A open space in the southeast corner of the site consists of the proposed swimming pool and a large open space area with trees and micro paths totaling approximately 1.5 acres not including the McMillan street buffer. The central open space is approximately an acre in size and includes a number of amenities and a large open field area for a number of recreational activities. The open space area along the north boundary is approximately 0.8 acres in size and includes a fenced dog park and a pathway with fitness stations. 5. Common open space shall be not less than four hundred(400) square feet in area, and shall have a minimum length and width dimension of twenty(20)feet.Applicant complies. 6. In phased developments, common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units.N/A 7. Unless otherwise approved through the conditional use process, common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four (4) feet in height, with breaks in the berm or barrier to allow for pedestrian access. Some of the open space shown to qualify is adjacent to Vicenza Way,a collector street,and McMillan Road, an arterial street. All of these areas are connected to larger open space areas so Staff finds these areas should be allowed to count through the conditional use permit process. D. Site development amenities. 1. All multifamily developments shall provide for quality of life, open space and recreation amenities to meet the particular needs of the residents as follows: a. Quality of life. (1) Clubhouse. (2) Fitness facilities. (3) Enclosed bike storage. (4) Public art such as a statue. (5) Dog park with waste station. (6) Commercial outdoor kitchen. (7) Fitness course. (8) Enclosed storage b. Open space. (1) Community garden. (2) Ponds or water features. (3) Plaza. (4) Picnic area including tables,benches,landscaping and a structure for shade. c. Recreation. (1) Pool. (2) Walking trails. Page 8 EXHIBIT A (3) Children's play structures. (4) Sports courts. d. Multi-modal amenity standards. (1) Bicycle repair station. (2) Park and ride lot. (3) Sheltered transit stop. (4) Charging stations for electric vehicles. 2. The number of amenities shall depend on the size of multifamily development as follows: a. For multifamily developments with less than twenty(20)units,two(2) amenities shall be provided from two(2) separate categories. b. For multifamily development between twenty (20) and seventy-five (75) units, three (3)amenities shall be provided,with one (1) from each category. c. For multifamily development with seventy-five (75) units or more, four (4) amenities shall be provided,with at least one (1)from each category. d. For multifamily developments with more than one hundred (100) units, the decision- making body shall require additional amenities commensurate to the size of the proposed development. 3. The decision-making body shall be authorized to consider other improvements in addition to those provided under this subsection (D), provided that these improvements provide a similar level of amenity. For the 235 multi family units proposed, a minimum of four(4) amenities, one from each category,should be provided to satisfy the specific use standards and Planning and Zoning Commission is authorized to require more through this process. According to the submitted plans, 13 qualifying amenities are proposed with multiple amenities from each category exceeding this requirement.See snip below from the Applicant's amenity exhibit: AMENITY TABLE AMENITY TYPE AMENITY PROVIDED CLUBHOUSE FITNESS FACILITY QUALITY OF LIFE AMENITIES DOG PARK WITH WASTE STATION COMMERCIAL OUTDOOR KITCHEN FITNESS COURSE PLAZA OPEN SPACE AMENITIES PICNIC AREA WITH TABLES,BENCHES, LANDSCAPING AND SHADE POOL WALKING TRAILS RECREATION AMENITIES CHILDREN'S PLAY STRUCTURE SPORTS COURT BIKE REPAIR STATION MULTI-MODAL AMENITIES CHARGING STATIONS FOR ELECTRIC VEHICLES Page 9 EXHIBIT A E. Landscaping requirements. 1. Development shall meet the minimum landscaping requirements in accord with chapter 3, "regulations applying to all districts",of this title. 2. All street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: a. The landscaped area shall be at least three(3) feet wide. b. For every three (3) linear feet of foundation, an evergreen shrub having a minimum mature height of twenty-four(24)inches shall be planted. c. Ground cover plants shall be planted in the remainder of the landscaped area. According to the submitted landscape plans, the Applicant is showing compliance with this standard. F. Maintenance and ownership responsibilities. All multifamily developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. Applicant shall comply with this requirement and provide said document at the time of CZC submittal. Code Analysis— Dimensional Standards(UDC 11-2A1: The proposed development is required to comply with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district and those within the specific use standards for Multi- family Development discussed above (UDC 11-4-3-27). The submitted plans show compliance with all dimensional and specific use standards, including but not limited to, building height, setbacks, accesses, and parking count. Access(UDC 11-3A_3): Public road access for this development is proposed via three(3)driveway connections to the adjacent collector streets to the east and west; no access is proposed or allowed to McMillan Road. ACHD has reviewed the proposed development and the submitted Traffic Impact Study (TIS) and has approved the proposed road connections and layout. According to the submitted TIS, this development is estimated to generate an additional 1,788 vehicle trips per day and 148 trips in the PMpeak hour.ACHD has stated within their staff report that McMillan is operating at a level of service `E"or better during the PMpeak hour and the additional PMpeak hour trips generated by this development still allows McMillan to operate at an acceptable level of service. Note that ACHD has not obtained traffic counts since 2018 for this corridor of McMillan Road. In addition, the TIS indicated that a dedicated westbound right-turn line from McMillan onto Vicenza Way is warranted under the future 2025 traffic conditions;ACHD has required this turn lane be constructed with the project per the TIS findings.ACHD has not required any additional road improvements for this project. Staff agrees that this turn lane is necessary but has concerns with the timing of this improvement as the additional right-of-way required to construct it will require land that this owner does not own; the turn lane would need to take land currently owned by Wal-Mart. Despite Staffs general support of the project, it is well documented that McMillan Road is a constrained corridor due to the large irrigation facility and power poles along its southern edge. McMillan is planned in the CIP to be reconstructed as a 3-lane (two lanes in each direction plus Page 10 EXHIBIT A a center turn lane)arterial in the 2031-2035 time range. Even at this full-build out in approximately 10 years, any additional traffic added to this corridor of McMillan is concerning for both vehicular and pedestrian safety. Because the City does not own and operate our public roads, Staff cannot require additional improvements to the adjacent public streets. Furthermore, this property owner does not own the property to the north that will extend the collector streets northeast to Ten Mile which will create additional options to traversing this area. In order to help the flow of traffic in this area and further minimize trips along McMillan, Staff recommends adding an additional connection to San Vito Way in the northwest corner of the property. This connection was discussed and proposed with previous applications and Staff fully supports its inclusion as it will allow for cross-access between this multi family site and the commercially zoned property directly to the north. Further, this cross-access will assist this property and the property to the north to better comply with the mixed-use policies and vision within the Comprehensive Plan, reduce the number of access points to this collector street by having a shared access, and it will offer pedestrian connectivity to the future commercial that is required by City code. This Applicant does not own the property to the north where this connection should occur at the Gondola and San Vito intersection so this Applicant must work with that adjacent property owner to get permission to construct this additional access OR, at a minimum,stub a connection to the shared boundary so the City can require its extension when the commercial property develops in the future. See snip below for the example from previous applications: } Road Improvements: In accord with the submitted TIS,ACHD is requiring the Applicant construct a dedicated westbound right-turn lane from McMillan Road onto Vicenza Way. When the commercially zoned area north of this property develops in the future, additional road improvements along McMillan may be required for that developer.However, at this time,no other improvements are required by ACHD for the McMillan Road corridor adjacent to this development. See the ACHD staff report in Section VIII.C. Off-street Parking(UDC 11-3C-0: Off street parking for multi-family developments is required to be provided per the table in UDC 11-3C-6 based on the number of bedrooms per unit. The Applicant is proposing 235 units consisting of 26 studios, 131 1-bedroom units, 52 2-bedroom units, and 26 3-bedroom units. Based on the total number of units proposed and the bedroom count distribution, a minimum of 403 parking spaces, with a minimum of 209 of these spaces to be covered in a garage or by a carport.According to the submitted site plan, the Applicant is proposing 462 spaces with 235 of these spaces to be covered by a carport or located within a garage. The proposed parking Page 11 EXHIBIT A exceeds minimum code requirements by 59 spaces. Based on the site design and building distribution, Staff supports the proposed parking number and locations except for the seven (7) spaces shown along the south side of the central open space between two buildings; Staff recommends dispersing these spaces to other areas of the site per the recommendations in the next section. Sidewalks(UDC 11-3A-1 and Pathways: Detached sidewalks are existing along all three(3) adjacent public roads, San Vito,Vicenza,and McMillan. The Applicant is also proposing sidewalks and pathways throughout the development. However, it does not appear these sidewalks are at least 5 feet in width as required by code. In addition,there is also a new segment of regional multi-use pathway required along the north and east boundaries of the site that should connect to the existing detached sidewalk along McMillan Road,per the Meridian Pathways conditions of approval. As noted above, it appears the internal sidewalks are 4 feet wide instead of 5 feet wide. Staff is recommending all of these are revised and shown as 5-feet wide with the future CZC application. In addition, the submitted plans depict the required multi-use pathway along the east boundary but not along the north boundary nor shows a connection to the existing detached sidewalk along McMillan, as required by Parks. The Applicant should revise all plans to show this 5-foot sidewalk as 10 foot and add a connection to the McMillan sidewalk with the future CZC application. The drive aisle near the south end of the site connecting San Vito Way to Vicenza Way separates the townhome style product from the 3-story internally accessed apartment building. Staff has noted to the Applicant that some form of traffic calming should occur along this drive aisle to help with pedestrian safety; as currently proposed, Staff believe this drive aisle to be an unsafe area for residents to cross to access the amenities and open space located in the center of the development or the arterial sidewalk along McMillan. For this reason, Staff is recommending revisions to this area of the site plan to help make this area safer: 1. Rotate the two center buildings that take access from this drive aisle 90 degrees to have their driveway accesses to the east and west instead; 2. Relocate the 7 off-street parking stalls in this area to remove back-out parking altogether; 3. Show at least two bulb-outs on this drive aisle to help choke this drive aisle for traffic calming with one of them being located where the north-south pedestrian facility is shown from the center of the site to the stacked building; a. Make this crossing with different material per UDC 11-3A-19B.4 (i.e. brick,pavers, stamped/colored concrete) and with a table-top speed bump consistent with Fire department standards. Page 12 EXHIBIT A 4. Staff would prefer the west north-south drive aisle align with one of the drive aisle entrances for the parking lot in the southwest corner of the property. Staff ,finds that with these revisions to the siteplan, overall vehicular andpedestrian safety will be increased for this development. Landscaping(UDC 11-3B1: Because there are three existing and completed public roadways adjacent to the site,the required landscape buffers along each road are already constructed.Any development of the subject site must protect and maintain these buffers. Per UDC 11-3B-8, at least 5-feet of landscaping is required along the perimeter of vehicle use areas(i.e. drive aisles)and landscaping is also required along the base of the multi-family building elevations facing any public street. According to the submitted landscape plans, all required landscaping appears to be shown except for additional trees along the multi-use pathway segment that should be along the north boundary(required to be shown on future plans). The Applicant should add the required trees adjacent to this pathway along the north boundary when the plans are revised to include this additional pathway segment. Fencing(UDC 11-3A-6,11-3A-7)• All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A- 7. No new fencing is shown in the legend of the landscape plans but new fencing is depicted near the northeast corner of the site for the proposed dog park. The Applicant should correct the plans to depict the type of fencing proposed for the dog park area and to ensure compliance with UDC 11-3A-7. Any existing fencing is noted to be protected and remain on the site. Storm Drainage(UDC 11-3A-18 : An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Storm drainage will be proposed with a future Certificate of Zoning Compliance application and shall be constructed to City and ACHD design criteria. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant has submitted for Administrative Design Review approval with the subject CUP application; an application for Certificate of Zoning Compliance will be required to be submitted for this entire development prior to building permit submittal. Staff has analyzed the submitted building elevations against the Architectural Standards Manual and finds the submitted elevations to be generally compliant. Staff is recommending specific revisions to be submitted with the future CZC application showing compliance with the following standards: 1. R1.2A, 3.2D, &5.2A—add additional color combinations or materials; 2. R3.4A—extend the roof overhangs or apply for a Design Standard Exception; 3. R5.2D—Comply; add qualifying masonry material along the base of the multi Alex buildings; Page 13 EXHIBIT A VI. DECISION A. Staff: Staff recommends approval of the of the requested Conditional Use Permit per the conditions of approval included in Section VIII in accord with the Findings in Section IX. B. The Meridian City Council heard these items on November 15,2022. At the public hearing,the Council moved to approve the subject Conditional Use Permit request. I. Summary of the City Council public hearing: a. In favor: Dustin Holt,Applicant: Geoffrey Wardle,Applicant Legal Representative b. In opposition:None c. Commenting: A number of residents provided public testimony, of which,if not all,provided written testimony prior to the public hearing—review public record for specific comments. d. Written testimony: 66 entries of public testimony—see public record here. e. Staff presenting application: Joseph Dodson.Current Associate Planner f. Other Staff commenting on application: Bill Nary.City Attorney:Joe Bongiorno. Deputy Fire Marshal. ^ 2. Key issue(s)of public testimony: a. Inadequate safety measures for access to Pleasant View Elementary across McMillan and along Gondola; b. Overall school capacities in north Meridian: c. Public safety issues associated with McMillan road and its constrained nature.- d. Desire for project to be denied due to traffic increase and because project is apartments versus single-family: 3. Key issue(s)of discussion by City Council: a. School capacity in north Meridian but specifically at the nearby Pleasant View Elementary School, b. Potential pedestrian crossing across McMillan at San Vito intersection for added pedestrian safety to and from the school and Bridgetower amenities: c. ACHD traffic counts versus TIS traffic counts versus updated counts within the pedestrian study: d. Traffic concerns along McMillan Road due to constrained nature of roadway and timeline of future mitigation or relief from other transportation projects aimed to alleviate the stress along McMillan(i.e. other road widening_s. SH 16 extension. and disconnection of McMillan from McDermottl: e. Timeline of nearby road improvements.including McMillan widening to 3lanes and future extension of San Vito Way to the northeast to connect to Ten Mile Road, f Process in front of Council due to previous entitlement of the prope . being annexed and zoned already and the narrow breadth of review for Council on this application: 4. City Council change(s)to Commission recommendation: a. Add condition regarding proposed pedestrian crossing across McMillan at the San Vito Way intersection.per ACHD: b. Add/revise condition regarding proposed access to San Vito Way by adding access to the northwest and making southwest access emery only. Page 14 EXHIBIT A VII. EXHIBITS A. Site Plan(NOT APPROVED) --- ��---------------------------- � --.- -- 1 1 �I ------------- FF T F— I , v I, 4p q 34_ sy _ Y-4 (1 � A F➢ __ ➢ a sal �'a o ® F I, III I Ci y BRIDGETOWER APARTMENTS T TS � 7 - ++ N = - NIERIDIAN,IDAHO 1'- I � V y _ rncm�rrxmc_rvr—r—Tcr 3 z SITE PLAN . Page 15 EXHIBIT A --————————— ——————————— ------ ------ I --- JJJ -�2 El, 11111 11111TA111IT11111 TF-1 J-1 V :.......... 11 ILI l a 7 1 E 'Ll DIF IT Lj Page 16 EXHIBIT A LeuxNu H I i r � I i 11 i.r �•. f I i PARKING TABULATIONS'' J,•. / - � l lei, rr_ OPEN SPACE TABULATIONS: I vY '.I N CAI' i i i , _ -_rt Page 17 EXHIBIT A B. Landscape Plan s, n p 3 ` F = - V i ' Ash , -n R E€€ 3 ]s 3 KE g v �338 i S fn of o� =lJ�p➢ Lflr�ii� I� i o z I�Iu �pD �x,, s Ab. 9 oil lt' � o � J � 1Li--- =r_`- - BRIDGETOWER APARTMENTS Page 18 EXHIBIT A ,. . �. ------ -- ;'� r . ......w I / .�....,._. I / I --- --- - I L 6, o ,w HiER LEGEND l - �I n is 4 L p _ —r----------------------------------------- --------I — I I — I 1 r r i �I m _ p Ell 111 1 L11E11 �h II L _ 0 .....E�.. o .....a....... -1 _ .• � � \ I� I II ' REa i I vuN z F L102 p Page 19 EXHIBIT A ---- - ------- --- --- 0 ......... (D 0 FF I E ........................ ........... �U -------- ------- --- 7'k I�DULE- -- --- ------I 0 j 77 0 [Li ...........- µI °IM1.ImI.,:I �� Ia O .... .... ........ . �.X. X.:...X,�... II Q�jj IDI II III I: Ell III Ile, -- ------------------- ------------ Li 04 Page 20 EXHIBIT A __ �y I ]I I' - ,w r f. a a � J —a — I W MCMIILL wNoscAPE ------------------- - — Q rLr - L106 p _ L----- -- — �— - — — ---� .. ? --- ��.._.�� act� � ,�--- f J ...� .., / A �..... w - � t I Ell 11TR _._.-_ _ .—`. --- ---- ---- J IILLAN RD -- --+----`--- I um-„seas Q iLr - L106 R Page 21 EXHIBIT A C. Open Space and Amenity Exhibits i , q � I 1 �I I 'A Jj!� c N a £ - ti BRIDGETOWER APARTMENTS z ?� USF n1L;H1L71AN,1llAH0 41�'' � . z D - �F S_ 1'MG�'1RRThIG a`m SC,<4'n'MG.I t C - OPEN SPACE PLAN '> Page 22 EXHIBIT A _ AMENITY TABLE AMENITY TYPE AMENITY PROVIDED r _ _ CLUBHOUSE --' FITNESS FACILITY • 4 .Y QUALITY OF LIFE AMENITIES DOG PARK WITH WASTE STATION COMMERCIAL OUTDOOR KITCHEN •`C FITNESS COURSE PLAZA 1 OPEN SPACE AMENITIES PICNIC AREA WITH TABLES,BENCHES, I LANDSCAPING AND SHADE f POOL WALKING TRAILS �. RECREATION AMENITIES _ GHILOREN'S PV1V STRUCTURE J - SPORTS COURT J I ...... BIKE REPAIR STATION flll � MULTI-MODAL AMENITIES CHARGING STATIONS FOR ELECTRIC —' VEHICLES 5 1 L 'li•I� , %� F s-�r-Ixw II �/•�` Ial I aawv � ;hd i l 5ii4 .� 4 y I • O C� � [� D�~ G �O O�Q�p+�� O {§ "--- ---•�----- -•--- wMuaJ.Nm LD • n m ra r� 90rYG't•i Page 23 � IU ■ ■ o■ ra u■ El ■■■.®■' iii in11 nIIVI! HI 111111 IIY e e 11 e iVf l ■■m ■■. ■e L.,... Rill iii EON iii ..rl on 0 OF on fir' J �i0 in �■o Iii�i ■ ■ ill� �■■. ■ ■■■ ■u■ ■: .■ ■.■ u ■■■■ n■■u ■■■ oe ■■ �■�I� ■■� III IIIIIIIIIIiilllll,9ll_II II iiiiiii ioiiii iii ■■ iall ililll hill III �I lilill Ili IIII ■■■ in= mom mm NEW ■ ■■■ ■ — e■e eumom s■e nm.. ■ IIIIIIIIIIIIIIIIII Y s IllI IL ij�v 1- I . I� ��I EXHIBIT A q� _ ajN raoxr � -FR '', I I. I I IIII._.III -IIII-_I,II _i,ill - I I '. I I it JIII I JIIL''ll',III_ IIII-iIIII_IIII.I ..IIII _III II IIII Il�.l SOI]TH EL—TION ounruuusronrzmur mnmxur nrca[[rnrnrsoixu ierui r. rpnnK rnErnsPuxu we xa[rtaxn[xraonimnrvoe NPES Will IT LEAgINGOFFICE xxwcussox,ix,��nnoa -�«� `Fy 1E lil El 9-NW ELEVATION ` ,.,.............a�_rv�ra,,.. iwonoxEx��rxx�isoxs / x.�rTiasrarnx�1ows rxy _- - =T-= 1._i_i_I,, I LI I —IL- II � II 11-�LI �- III .. uLL,�S •■ �•■ 4 EAST Ey EVATION nxixixuusnurnrixr Page 25 EXHIBIT A - v GENERAL NOTES-EMERIOR ELEVATIONS —I—I r——I I—I—— I--I—— I——I—I I I I I I I I I I L J I _I I I I I I I, �li ill I II �1-R 1 FP _ I-1111 I �I� El bnn�N.es i � S 11 YE4 dos J LIF- a�a o PLAN AND u u u "MS I 1 ELEVATIONS (UPDATED) —----- ———--I—II—�—T I_I_I�I i, Al�IubM1w�5ouN AQ�S. A201 9a_A�Ina Page 26 EXHIBIT A VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION Conditional Use Permit: 1. Future development of the site shall be substantially compliant with the approved site plan,landscape plan,open space exhibit,amenity exhibit,and building elevations attached in Section VII of this report and shall comply with all previous conditions of approval associated with the site and the,including but not limited to: CPA-08-003 (Comp Plan Map Amendment to change property to Mixed-Use Community); H-2019- 0001 (Summerwood MDA,DA Inst.#2019-055407); A-2020-0162 (PBA). 2. With the future CZC application,the site plan included in Section VII.A, shall be revised as follows: a. Show all sidewalks as a minimum 5 feet wide except for those required to be multi-use pathways; b. Depict a 10-foot wide multi-use pathway along the north and east boundaries that connect to the San Vito and Gondola intersection and to the existing arterial sidewalk along McMillan road near the southeast corner of the site;the sidewalk along the south boundary currently shown as 10 feet may be reduced to 5 feet per this condition. c. Show any pedestrian facility that crosses a drive aisle to be constructed in accord with UDC 11-3A-19B.4 (i.e.brick,pavers, stamped/colored concrete). d. Show the required maintenance storage area per the specific use standards(UDC 11-4-3- 27). e. Rotate the two south-center buildings that take access from the southern drive aisle 90 degrees to have their driveway accesses to the east and west instead. f. Relocate the 7 off-street parking stalls along the southern drive aisle to remove back-out parking in this area. g. Show at least two bulb-outs on the south east-west drive aisle to help choke down this drive aisle for traffic calming with one of them being located where the north-south pedestrian facility is shown from the central open space area to the stacked"T"building. h. Realign the west north-south drive aisle with one of the drive aisle entrances for the parking lot in the southwest corner of the property. i. Consistent with ACHD standards and future plan approval,the Applicant shall construct a Pedestrian Hybrid Beacon(PHBI crossing across McMillan Road at the San Vito and McMillan intersection prior to release of the first certificate of occupancy. j. Add an additional driveway connection to N. San Vito Way in alignment with W. Gondola Drive across the southwest corner of the adjacent property(S0427417210)to the north and extend the sidewalk to this intersection in accord with UDC 11-3A-3 and UDC 11-313-9C.3. if this eenneefien eannet be eenstfueted at this time, k. Depict existing access to San Vito Way in the southwest quadrant of the project to bean emergency-only access: obtain Meridian Fire Department approval for this access. Page 27 EXHIBIT A 3. With the future CZC application,the landscape plan included in Section VII.B shall be revised as follows: a. Revise the plans to reflect Staff s recommended changes above. b. Add any proposed fencing to the Landscape Plan legend(i.e. fencing proposed for the fenced dog park). c. Depict the required street buffers along San Vito Way,Vicenza Way, and McMillan Road regardless of ownership status to ensure compliance with UDC dimensional standards in UDC Table 11-2A-7 and to be landscaped per UDC 11-3B-7. d. Add the required trees adjacent to the new multi-use pathway segment along the north boundary per UDC 11-3B-12. 4. With the future CZC application,revise the multi-plex elevations to reflect compliance with the required Architectural Standards per the analysis in the Building Elevations section above in Section V: a. Add additional color combinations and materials to comply with R1.2A, 3.213, &5.2A; b. Extend the roof overhangs or apply for a Design Standard Exception to comply with R3.4A; c. Add qualifying masonry material along the base of the multi-plex buildings to comply with R5.2D. 5. The Applicant shall submit a revised open space exhibit with the future CZC application that reflects the most up to date site plan,landscape plan, and any staff recommended revisions for the development. 6. The Applicant shall comply with all specific use standards for the proposed use of Multi- family Residential Development(UDC 11-4-3-27). 7. The Applicant shall obtain Certificate of Zoning Compliance(CZC)approval for any building within this development prior to submittal for any building permits for the. 8. At the time of Certificate of Zoning Compliance submittal,the Applicant shall submit a recorded and legally binding document(s)that state the maintenance and ownership responsibilities for the management of the development, including,but not limited to, structures,parking, common areas, and other development features,per UDC 11-4-3-27F standards. 9. Prior to building permit submittal,a 14-foot wide public pedestrian easement for the multi- use pathway segments shall be submitted to the Planning Division for approval by City Council and subsequent recordation. 10. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district. 11. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for multi-family dwellings based on the number of bedrooms per unit. 12. The Applicant shall comply with all ACHD conditions of approval. 13. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11- 3A-15,UDC 11-3B-6 and MCC 9-1-28. Page 28 EXHIBIT A 14. Upon completion of the landscape installation,a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-313-14. 14. The conditional use approval shall become null and void unless otherwise approved by the City if the applicant fails to 1)commence the use, satisfy the requirements,acquire building permits and commence construction within two years as set forth in UDC 11-513-617.1; or 2) obtain approval of a time extension as set forth in UDC 11-513-6F.4. B. PUBLIC WORKS Site Specific Conditions of Approval 1. Two water main valves required on tee at northern most connection to existing water main on N. San Vito Way. 2. A 20'water easement is needed up to fire hydrants and water meters and extending 10' beyond or the maximum distance available. 3. On Sheet C2.1 there is storm drain infrastructure overtop of the waterline. This needs to be relocated. (See comment on sheet C2.1) 4. Sewer/water easement varies depending on sewer depth. Sewer 0-20 ft deep require a 30 ft easement,20-25 ft a 40 ft easement. Adjust easements accordingly. 5. Ensure no sewer services pass through infiltration trenches. 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 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. 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 Page 29 EXHIBIT A 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 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. 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. 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 proj ect. 20. 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 Page 30 EXHIBIT A 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. 21. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancily.orglWebLinkIDocView.aspx?id=229161&dbid=0&repo=MeridianC ky D. MERIDIAN PATHWAYS COORDINATOR https://weblink.meridiancily.oEglWebLinkIDocView.aspx?id=268829&dbid=0&repo=MeridianC iv E. MERIDIAN POLICE DEPARTMENT(MPD) hgps:11weblink.meridiancity.org/WebLink/Doc View.aspx?id=268838&dbid=0&r0o=MeridianC iv F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=270086&dbid=0&r0o=MeridianC Lu IX. FINDINGS A. Conditional Use Permit Findings (UDC 11-5B-6D: The commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. City Council finds the submitted site plan shows compliance with all dimensional and development regulations in the R-15 zoning district in which it resides. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. If all conditions of approval are met, City Council finds the proposed site design and use of multi family residential is harmonious with the comprehensive plan designation of Mixed- Use Community and the requirements of this title when included in the overall MU-C designation area. Page 31 EXHIBIT A 3. That the design, construction,operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Despite the proposed use being different than the residential uses directly to the west, City Council finds the design, construction, and proposed operation and maintenance will be compatible with other uses in the general neighborhood and should not adversely change the essential character of the same area, so long as the Applicant constructs the buildings as proposed. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. City Council finds the proposed use, if it complies with all conditions of approval imposed, will not adversely affect other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets,schools,parks,police and fire protection,drainage structures,refuse disposal,water,and sewer. City Council finds the proposed use will be served adequately by essential public facilities and services because all services are readily available and ACHD has approved the proposed layout and traffic mitigation. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. All public facilities and services are readily available for the subject site so City Council finds that the proposed use will not be detrimental to the economic welfare of the community or create excessive additional costs for public facilities and services. 7. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise,smoke,fumes, glare or odors. Although traffic is sure to increase in the vicinity with the addition of more residential units, this area of the City is underdeveloped in that it is existing zoning within a mixed-use area planned for residential uses at higher densities than what exists to the west and south. Therefore, City Council finds the proposed use will not be detrimental to any persons, property, or the general welfare. 8. That the proposed use will not result in the destruction,loss or damage of a natural, scenic or historic feature considered to be of major importance. (Ord. 05-1170,8-30- 2005,eff. 9-15-2005). City Council is unaware of any natural, scenic, or historic features within the development area, therefore, Stafffinds the proposed use should not result in damage of any such features. Page 32 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Fiscal Year 2023 License Agreement for Meridian Police Department K9 Training at Ada County Weed, Pest, and Mosquito APPROVED C� fIEN DLAN HO MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Police Department Meeting Date: November 22,2022 Presenter: N/A Estimated Time: Topic: FY23 License Agreement for Meridian Police Department K9 Training at Ada County Weed, Pest and Mosquito Recommended Council Action: Mayor Signature required Background: Renewal of agreement for Meridian Police Department K9 Training at the Ada County Weed, Pest and Mosquito, for one-year beginning October 1, 2022 through September 30, 2023 AGREEMENT NO. 14520-1-22 FY23 LICENSE AGREEMENT FOR MERIDIAN POLICE DEPARTMENT K9 TRAINING AT ADA COUNTY WEED, PEST AND MOSQUITO THIS RENEWAL AGREEMENT ("Agreement") is entered into this 22nd day of November , 2022, by and between City of Meridian, a municipal corporation organized under the laws of the State of Idaho("City"), and Ada County,a duly formed and existing county pursuant to the laws and Constitution of the State of Idaho("Licensor"),also known as"Party" or"Parties". In consideration of the mutual promises contained herein,the parties agree as follows: WITNESSETH: WHEREAS, City and Licensor entered into Agreement No.14520 for K9 training at Ada County Weed,Pest and Mosquito on December 7,2021 (hereinafter"Agreement"); and WHEREAS, said Agreement ended on September 30,2022; and WHEREAS, said Agreement was subject to renewals by the Parties; and WHEREAS, it is now the mutual intent of the parties to renew the Agreement for an additional one-year term beginning October 1, 2022 through September 30, 2023, with the proper Party to receive notice on behalf of Licensor to be as follows: Adam Schroeder, Director c/o Ada County Weed,Pest 975 E. Pine Meridian, ID 83642 NOW, THEREFORE, this Agreement does renew Agreement No. 14520 for the period October 1,2022 through September 30,2023. FY22 RENEWAL AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN — PAGE 1 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. Board of Ada County Commissioners By: Rod Beck, Commissioner By: Ryan Davidson, Commissioner By: Kendra Kenyon, Commissioner ATTEST: Phil McGrane, Ada County Clerk CITY OF MERIDIAN By: Robert E. Simison, Mayor 11-22-2022 Attest: City Clerk 11-22-2022 FY22 RENEWAL AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN — PAGE 2 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Subrecipient Agreement Between City of Meridian and Boys and Girls Clubs of Ada County, Idaho, Inc. for Program Year 2022 Community Development Block Grant Funds APPROVED SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND BOYS AND GIRLS CLUBS OF ADA COUNTY,IDAHO,INC. FOR PROGRAM YEAR 2022 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Subrecipient Agreement ("Agreement") is entered into this 22nd day of November 2022 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Boys and Girls Clubs of Ada County, Idaho, Inc., a nonprofit charitable corporation organized under the laws of the state of Idaho ("Subrecipient"). WHEREAS, City is an entitlement community, and as such has applied for, and been granted authority to receive funds from the United States Department of Housing and Urban Development ("HUD")under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i.e., Community Development Block Grant("CDBG") funds; and WHEREAS, pursuant to the terms of this Agreement,the City hereby provides a subaward of the following grant(s)to Subrecipient: B22MC160006, awarded by HUD on May 13, 2022; WHEREAS,the City wishes to engage Subrecipient by way of this Agreement to assist the City in utilizing such funds and the CDBG program in a manner compliant with the requirements of 24 CFR Part 570 and 2 CFR Part 200, and all other federal, state, and local laws, statutes, regulations and/or requirements; and WHEREAS, it is acknowledged by the Parties that although Congress has signed an appropriation bill committing the funds set forth in this Agreement,and HUD has notified City of its apportionment and approved the City's Action Plan, availability of CDBG funds to City, and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD's release of such funds to City; and that City's obligation to provide funding to Subrecipient under this Agreement is provisional,pending the availability of such funds; NOW, THEREFORE, in consideration of the mutual covenants of the parties,the Parties agree as follows: I. STATEMENT OF WORK A. Activities. Subrecipient shall use City's subaward of CDBG funds in an amount not to exceed twenty thousand dollars ($20,000). Subrecipient will be responsible for administering a scholarship program, in a manner satisfactory to the City and consistent with any standards required as a condition of providing the funds. This project is eligible under(05L) Child Care Services. CDBG Funds will be used to reimburse for scholarships for low-to moderate-income families to participate in before and after school programs as well as summer programs at a free or reduced cost. The primary administrative office is located at 911 N. Meridian Rd, Meridian. See Attachment 1 for a map of the service location. B. National Objective. Subrecipient certifies that the activities carried out using the City's CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CFR § 570.208(a)(2)(i). C. Level of Service. Subrecipient's activities under this Agreement shall provide at least 45 total Units of Service over the term of this Agreement. For the purposes of this Agreement,"Units PY22 SUBRECIPIENT AGREEMENT-SCHOLARSHIP PROGRAM PAGE 1 OF 27 of Service" shall be defined as "low-to moderate-income youth." Subrecipient shall verify that the household income of clientele served by City's CDBG funds, as defined in 24 CFR § 5.609, does not exceed the maximum limits as determined by the U.S. Department of Housing and Urban Development. The current income guidelines are located in the Subrecipient Toolbox at https:Hmeridiancity.org/cdbg/. D. Staffing. Subrecipient agrees that CD13G funds provided under this Agreement will not be utilized for staffing. E. Project schedule. Subrecipient shall submit a signed, dated, and detailed Project Schedule. The Project Schedule must indicate the start and end dates for different project elements. The Project Schedule shall be submitted as a companion document with this Agreement. A revised Project Schedule shall be submitted when delays of thirty (30) days or more are anticipated or experienced. F. Special Conditions. 1. Subrecipient understands and agrees that the allocation of CDBG funds may be used to provide services and programs only to City of Meridian residents. If applicable, Subrecipient shall verify that any and all persons who receive funds granted to Subrecipient pursuant to this Agreement ("Client") a) reside within the city limits of Meridian, Idaho and b)meet the current CDBG income eligibility guidelines. Subrecipient must deem any Client who does not meet the above requirements to be ineligible to receive CDBG funds and shall suspend use of federal funds for the Client. 2. Subrecipient certifies that Subrecipient is in compliance with all applicable Fair Housing Laws, Section 504 of the Rehabilitation Act, and Americans with Disabilities Act requirements. 3. City reserves the right to make unannounced visits to Subrecipient's location in order to verify compliance with all program requirements. 4. If applicable, Subrecipient may utilize HUD's Income Calculator at https://www.hudexchange.info/incomecalculator/to determine annual household income of any or all Clients based on CDBG criteria. G. Time of performance. Services of Subrecipient shall start on or after October 1, 2022 and end on September 30, 2023. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. II. SUBRECIPIENT'S ADMINISTRATIVE REQUIREMENTS A. General Compliance. Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations,Part 570 (the U.S.Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) including subpart K of these regulations, except that (1) Subrecipient does not assume the City's environmental responsibilities described in 24 CFR 570.604 and (2) Subrecipient does not assume the City's responsibility for initiating the review process under the provisions of 24 CFR Part 52, and all PY22 SUBRECIPIENT AGREEMENT-SCHOLARSHIP PROGRAM PAGE 2 OF 27 other applicable federal, state and local laws, regulations, and policies governing the funds provided under this Agreement. A copy of the Environmental Review Record is included as Attachment 5. B. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.502. C. Performance monitoring. City will monitor the performance of Subrecipient against goals and performance measures as set forth herein. Performance monitoring shall include City's review of Subrecipient's submitted documents for accuracy and completion, as well as a risk analysis that will determine if the City will conduct a desk review and/or an on-site visit from City's Community Development Program Coordinator to review the completeness and accuracy of records maintained. A copy of the risk analysis is included as Attachment 2. Substandard performance as determined by City shall constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within fourteen days (14) after being notified by City, City shall initiate termination procedures. Additionally, Subrecipient will be allowed no more than three noncompliance performance standards throughout the contract. Noncompliance includes, but is not limited to: missing a deadline,providing inaccurate monthly data, delinquent progress report submission, and/or not providing correct supporting documentation. The first occurrence will result in a warning;the second a formal letter of noncompliance; and the third will result in a formal letter notifying Subrecipient that Subrecipient is not eligible to request funding for the following grant cycle. City may share Subrecipient performance and monitoring results with other local CDBG grantees and/or agencies who are providing funding to Subrecipient. D. Budget. Subrecipient shall adhere to the budget included as Attachment 6. Subrecipient shall obtain written approval from City prior to any change in use of funds. E. Progress Reports. Based on the results of Subrecipient's risk analysis, Subrecipient shall submit progress reports quarterly via the City's online portal. Instructions on submitting progress reports are located in the Subrecipient Toolbox at https://meridiancity.org/cdbg/. Progress reports will be due 15 days after the last day of the reporting period. If Progress Reports are delinquent, reimbursement requests will not be processed until the delinquency is cured. Subrecipient must timely submit Progress Reports even if no activities are conducted within the reporting period. F. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. G. Client Data. If applicable, subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, race, ethnicity, and description of service provided. Such information shall be made available for review upon City's request. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information,when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial PY22 SUBRECIPIENT AGREEMENT-SCHOLARSHIP PROGRAM PAGE 3 OF 27 Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. H. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but shall not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that Subrecipient has control over CDBG funds, including program income. I. Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary,to audit, examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies noted in audit reports must be fully repaired by Subrecipient within thirty (30) days after receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient shall comply with 2 CFR § 200.501, which requires that all non- Federal entities that expend $750,000 or more in Federal awards, in one year, have a single or program-specific audit. J. Suspension and Debarment. Pursuant to 2 CFR Part 180 and 2 CFR Part 200, Appendix II, section (H), Subrecipient is prohibited from contracting with any party that is suspended or debarred, i.e., listed on the governmentwide exclusions in the System for Award Management. K. Payment Procedures. 1. Indirect Costs. The City will only reimburse Subrecipient for indirect costs that comply with 2 CFR 200, subpart E and have been previously approved, in writing, by the Community Development Program Coordinator. 2. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and program income balances available in Subrecipient's accounts. In addition, City reserves the right to liquidate funds available under this Agreement for costs incurred by City on behalf of Subrecipient. 3. Reimbursement requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed twenty thousand dollars ($20,000). City will not accept or process reimbursement requests prior to City's reception of Congressional Release of Funds; the Community Development Program Coordinator shall notify Subrecipient of such release and the opportunity to submit reimbursement requests. Reimbursement requests for the payment of eligible expenses shall be made against the activity specified, in accordance with performance, and as expenses are incurred by PY22 SUBRECIPIENT AGREEMENT-SCHOLARSHIP PROGRAM PAGE 4 OF 27 Subrecipient. Reimbursement requests shall only be accepted via the City's online portal and must be completed in full to be processed. Instructions to submit reimbursement requests are located in the Subrecipient Toolbox at https://nieridiancity.org/cdbg/. All reimbursement requests are to be submitted as needed in coordination with the Community Development Program Coordinator. Reimbursement requests shall include the following: transaction detail completed for the relevant draw request period, timesheets in compliance with 2 CFR 200.430 (if applicable), and proof of payment by Subrecipient(such as copy of check and bank transaction information showing payment of check, copy of receipt of payment by contractor or subcontractor, and/or other relevant documentation of payment). Reimbursement requests must be submitted within fifteen (15) calendar days from the close of each month of the program year except for the final reimbursement request. Subrecipient's final reimbursement request under this Agreement must be submitted by Subrecipient no later than October 30, 2023 and must include a Closeout Certification form which can be found in the Subrecipient Toolbox at https://meridiancity.org/cdbg/. Subrecipient shall forfeit reimbursement for any costs not requested within the timeframes set forth in this provision, unless otherwise authorized, in writing, by City. a. Reversion of assets to City. Pursuant to 24 CFR§ 570.503(b)(7),upon expiration or termination of this Agreement, Subrecipient shall transfer to City any and all CDBG funds on hand at the time of expiration and any and all accounts receivable attributable to the use of CDBG funds. b. Unique entity identifier. Subrecipient shall comply with requirements established by the U.S. General Services Administration concerning the Unique Entity Identifier,the System for Award Management("SAM") and,per 2 CFR § 170.320, the Federal Funding Accountability and Transparency Act, including Appendix A to 2 CFR part 25. L. Documentation required prior to real estate transactions. Where City's CDBG funds are used for real estate acquisition, as early as practicable, and not less than two (2)weeks prior to the completion of each transaction, Subrecipient shall provide the address of real property under consideration to City for floodplain and related environmental review. Failure to provide the address of the housing unit under consideration in advance of the anticipated close date may result in added expenses for the beneficiary or Subrecipient, or refusal of reimbursement by City. Subrecipient shall maintain real property inventory records that clearly identify properties purchased, improved, rented, or sold. M. Housing Affordability. Where the City's CDBG funds are used for homeownership assistance,the housing must qualify as affordable per Section 215 of the National Affordable Housing Act. N. National Objectives met for five(5)years. Pursuant to 24 CFR § 570.503(b)(7)(i), real property that is acquired or improved, in whole or in part,with funds under this Agreement in excess of$25,000 shall be used to meet one of the CDBG National Objectives until five (5) years after expiration of this Agreement. If the use of the CDBG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to the current market value of the property, less any portion of the value attributed to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment shall constitute program income to City. Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year PY22 SUBRECIPIENT AGREEMENT-SCHOLARSHIP PROGRAM PAGE 5 OF 27 period. O. Compliance with procurement policies. Subrecipient shall comply with current Federal, State, and City policies concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided hereunder. P. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds under this Agreement is sold, the proceeds shall be program income,prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment purchased with funds received under this Agreement but not needed by Subrecipient for activities under this Agreement shall be (a)transferred to City for the CDBG program or (b) retained after compensating City an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. Q. Program income. 1. Remittance at end of program year. Pursuant to 24 CFR § 570.503(b)(3) and Pursuant to 24 CFR § 570.504(c), at the end of the program year, the City may require remittance of all or part of any program income balances, including investments thereof, held by Subrecipient, except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for section 108 security needs. 2. Recording program income. Pursuant to 24 CFR§ 570.504(a),the receipt and expenditure of program income shall be recorded as part of the financial transactions of the grant program. 3. Disposition if received before closeout. Pursuant to 24 CFR § 570.504(b)(1), program income received before grant closeout may be retained by the recipient if the income is treated as additional CDBG funds subject to all applicable requirements governing the use of CDBG funds, and will be subject to all provisions of Pursuant to 24 CFR §§ 570.504(b) and (c), both prior to and upon closeout. R. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including,but not limited to,those required by the Federal regulations specified in 2 CFR § 200.302(b) and 24 CFR § 570.506, including: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; c. Records required to determine the eligibility of activities for CDBG funding; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; f. Financial records, as required by 570.506(h); g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K; PY22 SUBRECIPIENT AGREEMENT-SCHOLARSHIP PROGRAM PAGE 6 OF 27 h. Identification of CDBG funds received and expended and the Federal programs under which they were received, including Federal award identification number and year and name of the pass-through entity (City of Meridian); i. Records that identify adequately the application of CDBG funds, including information pertaining to Federal awards, authorizations, financial obligations, unobligated balances, assets, expenditures, income and interest; such records shall be supported by source documentation; j. Comparison of expenditures with budget amounts for each Federal award. k. Written procedures to implement the requirements of 2 CFR § 200.305; and 1. Written procedures for determining the allowability of costs in accordance with subpart E of this part and the terms and conditions of the Federal award. 2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5)years after the termination of all activities funded under this Agreement, defined as the date of the submission of City's final annual performance and evaluation report to HUD. Records for non-expendable property acquired with funds under this Agreement shall be retained for five (5)years after final disposition of such property. If,prior to the expiration of the five-year period,any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period,whichever occurs later. III. EMPLOYMENT AND LABOR CONDITION REQUIREMENTS. A. Equal Employment Opportunity. Per 2 CFR Part 200, Appendix II, section(C) and 41 CFR § 60-1.4(b), the equal opportunity clause set forth in 41 CFR § 60-1.4(b) is incorporated herein by reference, and shall apply as though set forth fully herein. B. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, Executive Order 11246 as amended by Executive Orders 11375 and 12086, and 24 CFR §§ 570.601 and 570.602. Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. C. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act of 1974 (24 CFR § 6) are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. PY22 SUBRECIPIENT AGREEMENT-SCHOLARSHIP PROGRAM PAGE 7 OF 27 D. ADA Section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.), which prohibits discrimination against the handicapped in any federally assisted activities. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. E. Small, Women- and Minority-Owned Businesses. Per 2 CFR § 200.321, Subrecipient must take all necessary affirmative steps to assure that small businesses, minority businesses, women's business enterprises, and labor surplus area firms are used when possible F. Affirmative Action. Subrecipient agrees that it shall be committed to carry out pursuant to City's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. City shall provide Affirmative Action guidelines to Subrecipient to assist in the formulation of such program. Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. G. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice,to be provided by the agency contracting officer, advising the labor union or workers' representative of Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. H. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. I. Drug Free Workplace. Subrecipient certifies it is in compliance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701)which requires grantees (including individuals)of federal agencies, as a prior condition of being awarded a grant,to certify that they will provide drugfree workplaces. Each potential recipient must certify that it will comply with drugfree workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. J. Faith-based organizations. Pursuant to 24 CFR § 570.2000), if Subrecipient is a faith-based organization, Subrecipient agrees to expend funds provided under this Agreement in accordance with 24 CFR § 5.109. K. Labor standards. Per 2 CFR Part 200,Appendix II, section(D), Subrecipient agrees to comply with all applicable requirements of the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5) as amended. In accordance with the statute, Subrecipient or Subrecipient's subcontractor must pay wages to laborers and mechanics at a rate not less than the prevailing wages as specified in a wage determination made by the Secretary of Labor. In addition, Subrecipient or Subrecipient's subcontractor must be required to pay wages not less than once a week. Subrecipient must include a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. Further, the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti-Kickback" Act(40 U.S.C. § 3145), as supplemented by Department of Labor regulations PY22 SUBRECIPIENT AGREEMENT—SCHOLARSHIP PROGRAM PAGE 8 OF 27 (29 CFR Part 3), under which Subrecipient or Subrecipient's subcontractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. Subrecipient further acknowledges and agrees that all contractors engaged under contracts in excess of$2,000.00 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient or its subcontractors of its obligation, if any,to require payment of the higher wage. Per 2 CFR Part 200,Appendix II, section (E), the Contract Work Hours and Safety Standards Act(40 U.S.C. §§ 3701-3708) applies to contracts in excess of$100,000. L. Conflicts of interest; nepotism. Subrecipient agrees to abide by the provisions of 24 CFR § 570.611. Further, no person who exercises or has exercised any function or responsibility with respect to CDBG-assisted activities, or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in activities funded under this Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. M. Rights to Inventions. Per 2 CFR Part 200, Appendix II, section (F), if Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work, Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. N. Lobbying; political activities. Subrecipient hereby certifies that: No Federal appropriated funds have been paid or will be paid, by or on behalf of it,to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal agreement, grant, loan, or cooperative agreement; If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; PY22 SUBRECIPIENT AGREEMENT-SCHOLARSHIP PROGRAM PAGE 9 OF 27 Subrecipient will require that the following language be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly: "This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not let less than $10,000 and not more than $100,000 for each such failure." The foregoing certification is a material representation of fact upon which reliance is placed by City. Per 31 U.S.C. § 1352 and 2 CFR Part 200, Appendix II, section(I), submission of this certification may be a prerequisite for making or entering into this transaction. Subrecipient further agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act(Title V, Chapter 15, U.S.C.). O. Section 3 of the Housing and Urban Development Act of 1968. 1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701) ("Section 3"),the regulations set forth in 24 CFR Part 75, Subpart C, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City and any contractors and/or subcontractors. Section 3 will apply to a project if there is over$200,000 of HUD housing and community development financial assistance to the project(or$100,000 of Lead Hazard or Healthy Homes funding). Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's contractors and subcontractors,their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 2. Subcontract language. Subrecipient further agrees to include the CDBG Supplemental General Conditions in all applicable subcontracts executed under this Agreement. The CDBG Supplemental Conditions can be found in Attachment 7 (if applicable) and includes the Section 3 requirements located at 24 CFR § 75.19(b). IV. ENVIRONMENTAL CONDITIONS No funds will be released until City conducts an environmental assessment and makes a determination of"No Significant Impact" in compliance with 24 CFR Part 58 and other federal, state, and local laws and regulations. If applicable, the City will issue a Notice to Proceed once the environmental review is completed and is accepted by the City and/or HUD. A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C. §§ 7401, et seq. and 2 CFR Part 200, Appendix II, section (G). 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating to PY22 SUBRECIPIENT AGREEMENT—SCHOLARSHIP PROGRAM PAGE 10 OF 27 inspection, monitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency (EPA)regulations pursuant to 40 C.F.R. Part 50. B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained, and shall assure compliance with Title 10, Chapter 6, Meridian City Code, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead-Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations, 24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice must also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property,paint testing, risk assessment,treatment and/or abatement may be conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470) and the procedures set forth in 36 CFR Part 800,Advisor Council on Historic Preservation Procedures for Protection of Properties, insofar as they apply to the performance of this Agreement. In general,this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal, state or local historic property list. V. GENERAL CONDITIONS A. Appropriation. It is acknowledged by the Parties that although Congress has signed an appropriation bill committing the funds set forth in this Agreement, and HUD has notified City of its apportionment and approved the City's Action Plan, availability of CDBG funds to City, and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD's release of such funds to City. Unless and until HUD releases the funds, City shall have no contractual, legal, or equitable obligation to Subrecipient. In the event that CDBG funds are not made available to City, whether by Congress or by HUD, this Agreement shall be void, and City shall have no obligation to Subrecipient, whether under this Agreement or under any legal or equitable claim. B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: PY22 SUBRECIPIENT AGREEMENT-SCHOLARSHIP PROGRAM PAGE 11 OF 27 If to City: If to Subrecipient: City of Meridian Boys and Girls Clubs of Ada County Attn: Crystal Campbell, Community ATTN: Colleen Braga, Executive Director Development Program Coordinator 610 E. 42°d Street 33 E. Broadway Avenue Garden City, ID 83714 Meridian, Idaho 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. C. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds, including, but not limited to, 24 CFR Part 570 and subpart K of such regulations. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement, except that: (1) Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR § 570.604; and (2) Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 58. D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. E. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and participants in its programming, and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Subrecipient and/or Subrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests, invitees,participants, and/or volunteers and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property. F. Workers' Compensation. Subrecipient shall maintain workers' compensation insurance coverage, in the amount required by Idaho law, for all employees involved in the performance of this Agreement. G. Insurance. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage. At a minimum, Subrecipient must provide the equivalent insurance coverage for real property and equipment acquired or improved with CDBG funds as provided to property owned by the non-Federal entity. For construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold as defined in 41 U.S.C. 134 and Appendix II, section (A), Subrecipient must comply with bonding requirements set forth in 2 CFR § 200.325. H. Grantee Recognition. Subrecipient shall ensure recognition of the role of the City in PY22 SUBRECIPIENT AGREEMENT-SCHOLARSHIP PROGRAM PAGE 12 OF 27 providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. I. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by City's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines,policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding,the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. J. Termination (see 2 CFR Part 200,Appendix II,section (B)). 1. Termination for convenience. Either party may terminate this Agreement by, at least thirty (30) days before the effective date of such termination, giving written notice to the other party of such termination and specifying the effective date thereof. 2. Termination for cause. Termination of this Agreement, in whole or in part, may occur for cause, which shall include, but shall not be limited to,the following: a. Failure to comply with any of the rules,regulations or provisions referred to herein,or such statutes, regulations, executive orders, and HUD guidelines,policies or directives as may become applicable at any time; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission of reports that are incorrect or incomplete in any material respect. Either Party may terminate this Agreement for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have fourteen (14) days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period, the other Party shall terminate this Agreement for cause. In addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Subrecipient ineligible for any further participation in City CDBG programming. 3. Work completed. In the event of any termination,all finished or unfinished documents, data, studies, surveys, maps, models, drawings,photographs, reports, and/or other materials that are the property of and prepared by Subrecipient under this Agreement shall become the property of City, and Subrecipient shall provide same within seven (7) days of City's demand therefor. Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. K. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior written consent of City; provided, however,that claims for money due or to become due to Subrecipient from City under this Agreement may be assigned to a bank, trust company,or other financial institution without such approval. Notice of any assignment or transfer shall be PY22 SUBRECIPIENT AGREEMENT-SCHOLARSHIP PROGRAM PAGE 13 OF 27 furnished promptly to City. L. Subcontractors. I. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. All subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. 2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by City, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. Specifically, without limitation, Subrecipient shall include the provisions of this Agreement regarding Civil Rights and Affirmative Action in every subcontract or purchase order, specifically or by reference, to ensure that such provisions will be binding upon all subcontractors. 4. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. M. Relocation, real property acquisition, and one-for-one housing replacement. Subrecipient agrees specifically, without limitation,to comply with: 1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); 2. The requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under 24 CFR part 42,subpart B; and 3. The requirements in 24 CFR 570.606(d) governing optional relocation policies. Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2)that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. N. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. O. Severability. If any provision of this Agreement is held to be invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. P. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to PY22 SUBRECIPIENT AGREEMENT-SCHOLARSHIP PROGRAM PAGE 14 OF 27 the execution hereof or contemporaneous herewith . Q . Non -waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party ' s right to thereafter enforce such term , and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement . R. Attachments . All attachments and/or exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein . S . Approval required . This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient . IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written . SUBRECIPIENT : Boys and Girls Clubs of Ada County, Idaho , Inc . Colleen Braga, Executive Direct CITY : G0�tpoRA *r Cityeyeridian Att Ole q , w By : Robert Si ison, Mayor y�� qL 4 "0 v hri ol nson , rk� TREASUREJP���, E PY22 SUBRECIPIENT AGREEMENT - SCHOLARSHIP PROGRAM PAGE 15 OF 27 Attachment 1: Location of Service Area Meridian City limits $ N Et ■�7 � to ```(((���" �`� pwZT Iw �.�.w.fww wurw urw .._ .'.'O�i1��-- ___ p�M --,— • w4�1.- wOw{r Y t � �• � 1� wrwrr ww�w. -ury,.. 1 ?a1`.L .� -.w�.•_�_-�.�. ...��. YW/�IIw��.�Iw. ♦ f 11� �a ir. �M..ww_ __ wrwrr �.w t a WywwY�"f -�•^ra _- _ wwwwr. -M � -.. - _ POU CY M A P PY22 SUBRECIPIENT AGREEMENT—SCHOLARSHIP PROGRAM PAGE 16 OF 27 Attachment 2: Rislc Analysis Risk of Noncompliance Evaluation This doment is used to masyze the risk o'the program to determine the t*ve or monitoring required during tais progam year. Organization Boys& Girls Club Program 2022 Award $20,000.00 Name Year Total Points 26 Risk Level Low Next Steps Desk Monitor au!tvnatWl,/aruta:ea FACTORSScore Point T e of Contract wei hL 2 Public Service 4 Housing Activities(Other than Homeownership Assistance) 3 4 6 Ac uisitiordConstruction 2 Public facilities, planning, infrastructure 1 Contracted Dollars weight: 2 560,00D-Above l 4 l $40 000-$59 999 3 2 4 $20 DOD-$39,999 2 SO-519,d-499 1 l Subreciplent Experience with Meridian CDBG weight: 3 New Program 3 1 -3 years 2 1 3 4 years+ 1 New Activity for Subreciplent weight: 3 Yes 2 1 3 No 1 Number of Clients Served r weight: 2 100+ 3 50-99 2 1 2 Less than 50 1 Key Organizational Change weight: 3 Executive Director a Financial Manager 4 Executive Director andlor Financial Manager 3 Program Director/Manager 2 2 B Other Key Staff 1 None 0 Svatems Change weight: 3 Maior Systems Change 2 Minor Systems Change 1 0 0 lNone l 0 I Program Delays weight: I CDBG Program did not begin an scheduleldelayed 1 New Program 1 0 I 0 CDBG Program began on schedule 0 Progress Reports weight: 2 Subreci ie,nt has historyof not submitting reports timely 1 New Program 1 0 I 0 Subrecipient has history of submitting reports timely 0 Met Goals in Previous Years weight: 3 No/New Program 2 PY22 SUBRECIPIENT AGREEMENT-SCHOLARSHIP PROGRAM PAGE 17 OF 27 Risk of Noncompliance Evaluation This dowwA is used to analyze the risk of Ike program;to deternnine the level of madloft mquired during this program Year. 1 / Financial Audit weight: 4 Audit with moderate to seriousr: No Audit Although Required 4 0 0 Last Monitoring Visit weight: Program Grant ot renewed 4 1 /2 Years of More 4 Action • r Corrective • • •• would affect services.clients,or 4 potential for payment error New Prc4ram 4 1 1 Current Concems: Findings that require providerAs action. 2 No Findings 1 CommunityDevelopment Program Coordinator L'e�el of Risk The City has Law Ris�C Med�iurn Risk High Risk •=.a0 paints 4?-tio pa;nrs 61+f;oints Proi.eci rc•:uuires:n�rrv'ir�ini�urei F°.rejects'will�tre ciao+nitorcd vis Inten-Ial>ri-annual desk Fr;ri�cts wll8 necei,r prinriNy frx �moura of ro�-,nativranq, .a,cti•dities mcni[crri,rags.and on-site naanitoring r)o Fes:.[fTca.la ever,'monitoring. High priarity activif;ic�: r;nd=r in!s caNegary vrill be tsvo rears. i faa;Cl+l;-s,iie morniti,fsng re',ric•.v wi41 I;e '.v�ll g�necx�IFr he r+ii�nitf�red annu;,?ly ri,artitorcd paarnieiTJ vi:�icltcrn�l cnnducfc-d prcfeu-�t)IV'J�'Ftlienni)c.first e,ix ruunrns;)f f',L�e '.vitrllri i3`oe fir'�;t� r,iontti:;of the l�e8k CIAOilltarin�p(CrCedibr�Jn:?fl C�C:se�l�fCnyf:3fi1 'y'•�'�if. E+a'.'S[:d l5pCJ4�if1C Ce=,.IISS Cat'�t'�' [lfOia:'�i3nd�jre9;f. Hi!iCj61-fL'3t: tallndl�i{I)3�,1�,UflleSS 91'tU7tIUn`; nlOnitUfFPa(] Yls.lt, St:ff''J:III aete(La1iln8 tflt'.n2cd iC,f?fad SUt)f"C.ITYIeA'7tS m n�'aUsU be Bqlllfe'� dicRate ottaen•Jise. un-site t�reque+nc;of addirticrnaN fechnecal essist�nce',�Is!ts to sub�n)ut ci�diticnal document:3tion naanitaring'.v'ill generally take place �nddcw crv-site.ccrnphance as'.''ie'.vs These activiNtes as neeCcd to allo:v for r_Foser at least once e'.�ee�h�Jo ;ea:r. will ge�ncragly be monitored after hn_adi proority activities evaluation of the project through have been adequatei�addressed', desk mon,itcvrng. Comments . conceffis- PY22 SCHOLARSHIPPROGRAM PAGE 18 OF Attachment 3: Signing Authority Complete the form to designate signing authority. Subrecipient Name:_�o t d' G►AS,CJ W Project Name: Program Year: alb as Start Date: 10101 End Date: o1 30 -L3 Name �— Title Authorized to sign for(check all that cok-k�� (L�� apply): Identifying Signature 3F-Mancial FZI�ractual Name Title Authorized to sign for(check all that apply): Identifying Signature ❑ Financial ❑ Contractual Name Title Authorized to sign for(check all that apply): Identifying Signature ❑ Financial ❑ Contractual Signing authority for the above individuals is authorized by: Cha%(-� T oard 04 Dire -firs Name Title Signature Date PY22 SUBRECIPIENT AGREEMENT-SCHOLARSHIP PROGRAM PAGE 19 OF 27 Attachment 4: Federal Certifications The following are required as referenced below. Subrecipient Name: ol S 4" Gr% c.tS C1 vL-6S of A4e, (.Out• Project Name: �Cho�o�C'S1n �^ -w0 Program Year: _a0�1-� Start Date: t U O 1 End Date: 3 0 Subrecipient maintains a policy for and complies with the following: Yes No N/A Policy p- ❑ ❑ ADA/Section 504 [29 U.S.C. § 701] ❑ ❑ Confidentiality [2 CFR § 200.303(e)] p� ❑ ❑ Conflict of Interest [2 CFR § 200.318(c)(1); 24 CFR § 570.611] p� ❑ ❑ Drug Free Workplace [24 CFR part 24, subpart F] N-- ❑ ❑ Equal Employment Opportunity [2 CFR Part 200; 41 CFR § 60-1.4(b)] ❑ ❑ pr Fair Housing [Fair Housing Act] (if applicable) [- ❑ ❑ Nondiscrimination [24 CFR§ 570.607] ❑ ❑ 2/ Procurement [2 CFR § 200.318(a)] (if applicable) Is Subrecipient a nonprofit entity? 2Yes ❑No Per 2 CFR § 200.415 major nonprofit organizations I are ineligible for this funding. If the agency is a nonprofit, please select one of the following: C9-Organization is not a major nonprofit organization. ❑ Organization is a major nonprofit organization. By signing this form,I certify the above is true and correct to the best of my knowledge. Co�1 e-e ,r, _Am V �<<tc�o r Name Title S ignatu ate ' A major nonprofit organization is defined in§200.414(a)as an organization receiving more than$10 million indirect federal funding. PY22 SUBRECIPIENT AGREEMENT-SCHOLARSHIP PROGRAM PAGE 20 OF 27 Attachment 5: Environmental Review Environmental Review for Activity/Project that is Exempt or Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR 58.34(a) and 58.35(b) Proiect Information Project Name: Boys-&-Girls-Club-Youth-Scholarships-PY22-26 HERDS Number: 900000010284413 Responsible Entity(RE): MERIDIAN,33 E Idaho Ave Meridian ID, 83642 State/Local Identifier: RE Preparer: Crystal Campbell Grant Recipient(if different than Responsible Entity): Point of Contact: Consultant(if applicable): Point of Contact: Project Location: 911 N Meridian Rd, Meridian, ID 83642 Additional Location Information: N/A Description of the Proposed Project[24 CFR 50.12&58.32;40 CFR 1508.25]: The Scholarship Program for the Meridian Boys & Girls Club provides support to low income Meridian families by giving their children access to some of the Club's extended services such as Sunrise Club(before school program,) Early Risers Program (Summer extended day program)and Kinder Club(supports kindergartners during the half day they are not in school.)This program is important as it keeps kids safe and learning during the hours that parents are at work, and it provides economic stability to some of our communities most disadvantaged families.The City anticipates using$20,000 of CDBG funding per year during each of the remaining years in the 2022-2026 Consolidated Plan.This Environmental Review will cover that span. CDBG funds will be used to assist an estimated 150 children in the next five years.These services are provided at the Boy's and Girls Club throughout the year and should not have an environmental impact. This project is anticipated to be funded for the duration of the PY22-PY26 Consolidated Plan, but is dependent on a competitive annual application and the congressional release of funding. Level of Environmental Review Determination Activity/Project is Exempt per 24 CFR 58.34(a): 58.34(a)(4) PY22 SUBRECIPIENT AGREEMENT—SCHOLARSHIP PROGRAM PAGE 21 OF 27 Signature Page BG Club ER sig.pdf ,Funding Information Grant/Project HUD Program Program Name Identification Number Community Planning and Community Development Block Grants 147 Development (CPD) (CDBG) (Entitlement) Estimated Total HUD Funded, Assisted $100,000.00 or Insured Amount: Estimated Total Project Cost [24 CFR 58.2(a) (5)]: $100,000.00 Compliance with 24 CFR §50.4 &§58.6 Laws and Authorities Compliance Factors: Are formal Compliance determination Statutes,Executive Orders, and compliance steps (See Appendix A for source Regulations listed at 24 CFR §50.4 & or mitigation determinations) §58.6 required? STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR §50.4&§58.6 Airport Runway Clear Zones and Clear Zones 24 CFR part 51 ❑ Yes Q No Coastal Barrier Resources Act Coastal Barrier Resources Act, as This project is located in a state that amended by the Coastal Barrier does not contain CBRS units. Therefore, Improvement Act of 1990 [16 USC this project is in compliance with the 35011 ❑ Yes 0 No Coastal Barrier Resources Act. Flood Insurance Based on the project description the Flood Disaster Protection Act of project includes no activities that would 1973 and National Flood Insurance require further evaluation under this Reform Act of 1994 [42 USC 4001- section.The project does not require 4128 and 42 USC 5154a] flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance ❑ Yes 0 No Program (NFIP).The project is in PY22 SUBRECIPIENT AGREEMENT—SCHOLARSHIP PROGRAM PAGE 22 OF 27 Compliance Factors: Are formal Compliance determination Statutes, Executive Orders, and compliance steps (See Appendix A for source Regulations listed at 24 CFR §50.4 & or mitigation determinations) §58.6 required? STATUTES, EXECUTIVE ORDERS, AND REGULATIONS LISTED AT 24 CFR §50.4&§58.6 compliance with Flood Insurance requirements. Mitigation Measures and Conditions [CFR 40 1505.2(c)]: Summarized below are all mitigation measures adopted by the Responsible Entity to reduce, avoid or eliminate adverse environmental impacts and to avoid non-compliance or non-conformance with the above-listed authorities and factors.These measures/conditions must be incorporated into project contracts, development agreements and other relevant documents.The staff responsible for implementing and monitoring mitigation measures should be clearly identified in the mitigation plan. Law,Authority, Mitigation Measure or Condition Comments on Mitigation Complete or Factor [ Completed Plan Measures Project Mitigation Plan Supporting documentation on completed measures PY22 SUBRECIPIENT AGREEMENT—SCHOLARSHIP PROGRAM PAGE 23 OF 27 APPENDIX A: Related Federal Laws and Authorities Airport Runway Clear Zones General policy legislation Reg�latl.on _ .d�. _ _ It is HUD's policy to apply standards to 24 CFR Part 51 Subpart D prevent incompatible development around civil airports and military airfields. 1. Does the project involve the sale or acquisition of developed property? ✓ No Based on the response,the review is in compliance with this section. Yes Compliance Determination Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No PY22 SUBRECIPIENT AGREEMENT-SCHOLARSHIP PROGRAM PAGE 24 OF 27 Coastal Barrier Resources A�General requirements Legislation Regulatlon HUD financial assistance may not be Coastal Barrier Resources Act used for most activities in units of the (CBRA) of 1982, as amended by Coastal Barrier Resources System the Coastal Barrier Improvement (CBRS). See 16 USC 3504 for limitations Act of 1990(16 USC 3501) on federal expenditures affecting the CBRS. This project is located in a state that does not contain CBRA units.Therefore, this project is in compliance with the Coastal Barrier Resources Act. Screen Summary Compliance Determination This project is located in a state that does not contain CBRS units.Therefore,this project is in compliance with the Coastal Barrier Resources Act. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No PY22 SUBRECIPIENT AGREEMENT-SCHOLARSHIP PROGRAM PAGE 25 OF 27 Flood Insurance General requirements Legislation Regulation Certain types of federal financial assistance may not be Flood Disaster 24 CFR 50.4(b)(1) used in floodplains unless the community participates Protection Act of 1973 and 24 CFR 58.6(a) in National Flood Insurance Program and flood as amended (42 USC and (b); 24 CFR insurance is both obtained and maintained. 4001-4128) 1. Does this project involve financial assistance for construction, rehabilitation, or acquisition of a_ mobile home, building, or insurable personal property? ✓ No. This project does not require flood insurance or is excepted from flood insurance. Based on the response,the review is in compliance with this section. Yes 4. While flood insurance is not mandatory for this project,HUD strongly recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). Will flood insurance be required as a mitigation measure or condition? Yes ✓ No Screen Summary Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section. The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP).The project is in compliance with Flood Insurance requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No PY22 SUBRECIPIENT AGREEMENT—SCHOLARSHIP PROGRAM PAGE 26 OF 27 Attachment 6: Bud et Boys and Girls Clubs of Ada County Meridian Scholarship Program PY22 Project#147 Scholarships Total Award $ 20,000.00 $ 20,000.00 Draw# Date Timeframe 1 j5f. 2 10-I-2Z- 10-31-LL `l Ooo- or 0 $ -10M00- 2 'j>gt,yST p- 0 0 $to.00aoo 3 3d• j5. .X z3 -1.22- - 12-31-Z2 l, Opp, 0 O $ It.00a 00 4 Fgh 1S. 2.0Z3 1-1-2.3 - 1-31-)j p $ 1ti000.00. 5 Mar tS, Zo 23 '-L-1-IS - Z-24-23 O $ 11,coo goo 6 A.mr 15 Zo 2- 3- -13 - 3- 31-ZS D $ 11,000.Oa 7 1S. ;L0 AIN H- --A - 4-30-13 BLOOO •00 $ I9I00U00 8 3_ur�t� :1.02A 5-1-13- 5.31-a3 1.00p -00 $Ia1,coo.00 9 IS, 202.3 6-1-Z3 - 6-10-:.3 O $19,000•oca 10 IOruq IS, -LO23 Z-1- - I-31-Z3 O $1q.aa0.00 11 1 S -p'H 2-o2.S I %-1-Z - 1 -36-13 501),00 $14,coo. a 12 1 CW-* 15, 24L3 al-I -:L3- 9-3D-713 500.00 $U.d;000.0 Total $ - $ - 4 Balance $ 20,000.00 $ 20,000.00 PY22 SUBRECIPIENT AGREEMENT-SCHOLARSHIP PROGRAM PAGE 27 OF 27 E IDIAN:--- .�/AHu AGENDA ITEM ITEM TOPIC: Subrecipient Agreement Between City of Meridian and Children's Museum of Idaho, Inc. for CARES Act Community Development Block Grant Funds APPROVED SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND CHILDREN'S MUSEUM OF IDAHO,INC. FOR CARES ACT COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Subrecipient Agreement("Agreement") is entered into this_Z�day of 2022 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Children's Museum of Idaho, Inc., a nonprofit charitable corporation organized under the laws of the state of Idaho ("Subrecipient"). WHEREAS, City is an entitlement community, and as such has applied for, and been granted authority to receive funds from the United States Department of Housing and Urban Development ("HUD") under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i.e., Community Development Block Grant("CDBG")funds; and WHEREAS,the Coronavirus Aid,Relief, and Economic Security("CARES") Act, enacted on March 27, 2020,provides additional funding through CDBG program to assist communities, including the City of Meridian, in addressing the impacts of the COVID-19 pandemic; WHEREAS,pursuant to the terms of this Agreement, the City hereby provides a subaward of the following grant(s)to Subrecipient: grant no. B20MW160006, awarded by HUD on September 11, 2020; WHEREAS,the City wishes to engage Subrecipient by way of this Agreement to assist the City in utilizing such funds and the CDBG program in a manner compliant with the requirements of 24 CFR Part 570 and 2 CFR Part 200, and all other federal, state, and local laws, statutes,regulations and/or requirements; and WHEREAS, it is acknowledged by the Parties that although Congress has signed an appropriation bill committing the funds set forth in this Agreement, and HUD has notified City of its apportionment and approved the City's Action Plan, availability of CDBG funds to City, and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD's release of such funds to City;and that City's obligation to provide funding to Subrecipient under this Agreement is provisional,pending the availability of such funds; NOW, THEREFORE, in consideration of the mutual covenants of the parties,the Parties agree as follows: I. STATEMENT OF WORK A. Activities. Subrecipient shall use City's subaward of CDBG funds in an amount not to exceed sixteen thousand four hundred dollars ($16,400). Subrecipient will be responsible for administering an after-hours enrichment program that provides access to museum exhibits and special programs for children ages 2-9, in a manner satisfactory to the City and consistent with any standards required as a condition of providing the funds. This project is eligible under (05L)Child Care Services. CDBG Funds will be used to reimburse for facility rental fee. The primary administrative office is located at 790 S. Progress Ave., Meridian. See Attachment 1 for a map of the service location. CDBG-CV SUBRECIPIENT AGREEMENT-ENRICHMENT PROGRAM PAGE 1 OF 28 B. National Objective. Subrecipient certifies that the activities carried out using the City's CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CFR § 570.208(a)(2)(i). C. Level of Service. Subrecipient's activities under this Agreement shall provide at least 500 total Units of Service over the term of this Agreement. For the purposes of this Agreement, "Units of Service" shall be defined as"low-to moderate-income youth." Subrecipient shall verify that the household income of clientele served by City's CDBG funds, as defined in 24 CFR § 5.609, does not exceed the maximum limits as determined by the U.S. Department of Housing and Urban Development. The current income guidelines are located in the Subrecipient Toolbox at littps:Hineridiancity.org/edbg/. D. Staffing. Subrecipient agrees that CDBG funds provided under this Agreement will not be utilized for staffing. E. Project schedule. Subrecipient shall submit a signed, dated, and detailed Project Schedule. The Project Schedule must indicate the start and end dates for different project elements. The Project Schedule shall be submitted as a companion document with this Agreement. A revised Project Schedule shall be submitted when delays of thirty(30) days or more are anticipated or experienced. F. Special Conditions. 1. Subrecipient understands and agrees that the allocation of CDBG funds may be used to provide services and programs only to City of Meridian residents. If applicable, Subrecipient shall verify that any and all persons who receive funds granted to Subrecipient pursuant to this Agreement("Client") a) reside within the city limits of Meridian, Idaho and b)meet the current CDBG income eligibility guidelines. Subrecipient must deem any Client who does not meet the above requirements to be ineligible to receive CDBG funds and shall suspend use of federal funds for the Client. 2. Subrecipient certifies that Subrecipient is in compliance with all applicable Fair Housing Laws, Section 504 of the Rehabilitation Act, and Americans with Disabilities Act requirements. 3. City reserves the right to make unannounced visits to Subrecipient's location in order to verify compliance with all program requirements. 4. If applicable, Subrecipient may utilize HUD's Income Calculator at https://www.hudexchange.info/incomecalculator/to determine annual household income of any or all Clients based on CDBG criteria. G. Time of performance. Services of Subrecipient shall start on or after November 1, 2022 and end on May 31, 2023. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. CDBG-CV SUBRECIPIENT AGREEMENT-ENRICHMENT PROGRAM PAGE 2 OF 28 11. SUBRECIPIENT'S ADMINISTRATIVE REQUIREMENTS A. General Compliance. Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) including subpart K of these regulations, except that(1) Subrecipient does not assume the City's environmental responsibilities described in 24 CFR 570.604 and (2) Subrecipient does not assume the City's responsibility for initiating the review process under the provisions of 24 CFR Part 52, and all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this Agreement. A copy of the Environmental Review Record is included as Attachment 5. B. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.502. C. Performance monitoring. City will monitor the performance of Subrecipient against goals and performance measures as set forth herein. Performance monitoring shall include City's review of Subrecipient's submitted documents for accuracy and completion, as well as a risk analysis that will determine if the City will conduct a desk review and/or an on-site visit from City's Community Development Program Coordinator to review the completeness and accuracy of records maintained. A copy of the risk analysis is included as Attachment 2. Substandard performance as determined by City shall constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within fourteen days (14) after being notified by City, City shall initiate termination procedures. Additionally, Subrecipient will be allowed no more than three noncompliance performance standards throughout the contract.Noncompliance includes, but is not limited to: missing a deadline, providing inaccurate monthly data, delinquent progress report submission, and/or not providing correct supporting documentation. The first occurrence will result in a warning; the second a formal letter of noncompliance; and the third will result in a formal letter notifying Subrecipient that Subrecipient is not eligible to request funding for the following grant cycle. City may share Subrecipient performance and monitoring results with other local CDBG grantees and/or agencies who are providing funding to Subrecipient. D. Budget. Subrecipient shall adhere to the budget included as Attachment 6. Subrecipient shall obtain written approval from City prior to any change in use of funds. E. Progress Reports. Based on the results of Subrecipient's risk analysis, Subrecipient shall submit progress reports monthly via the City's online portal. Instructions on submitting progress reports are located in the Subrecipient Toolbox at https:Hineridiancity.org/cdbg/. Progress reports will be due 15 days after the last day of the reporting period. If Progress Reports are delinquent, reimbursement requests will not be processed until the delinquency is cured. Subrecipient must timely submit Progress Reports even if no activities are conducted within the reporting period. F. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. CDBG-CV SUBRECIPIENT AGREEMENT-ENRICHMENT PROGRAM PAGE 3 OF 28 G. Client Data. If applicable, subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, race, ethnicity, and description of service provided. Such information shall be made available for review upon City's request. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor,that of a responsible parent/guardian. H. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but shall not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment,unspent cash advances,program income balances, and accounts receivable to City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that Subrecipient has control over CDBG funds, including program income. I. Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City,HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary,to audit, examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules,regulations and provisions stated herein. Any deficiencies noted in audit reports must be fully repaired by Subrecipient within thirty(30) days after receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient shall comply with 2 CFR § 200.501,which requires that all non- Federal entities that expend$750,000 or more in Federal awards, in one year, have a single or program-specific audit. J. Suspension and Debarment. Pursuant to 2 CFR Part 180 and 2 CFR Part 200,Appendix II, section(H), Subrecipient is prohibited from contracting with any party that is suspended or debarred, i.e., listed on the governmentwide exclusions in the System for Award Management. K. Payment Procedures. 1. Indirect Costs. The City will only reimburse Subrecipient for indirect costs that comply with 2 CFR 200, subpart E and have been previously approved, in writing, by the Community Development Program Coordinator. 2. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances,payments will be made for eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and program income balances available in Subrecipient's accounts. In addition, City reserves the right to liquidate funds available under this Agreement for costs incurred by City on behalf of Subrecipient. CDBG-CV SUBRECIPIENT AGREEMENT-ENRICHMENT PROGRAM PAGE 4 OF 28 3. Reimbursement requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed sixteen thousand four hundred dollars ($16,400). City will not accept or process reimbursement requests prior to City's reception of Congressional Release of Funds;the Community Development Program Coordinator shall notify Subrecipient of such release and the opportunity to submit reimbursement requests. Reimbursement requests for the payment of eligible expenses shall be made against the activity specified, in accordance with performance, and as expenses are incurred by Subrecipient. Reimbursement requests shall only be accepted via the City's online portal and must be completed in full to be processed. Instructions to submit reimbursement requests are located in the Subrecipient Toolbox at https://meridiancity.org/cdbg/. All reimbursement requests are to be submitted as needed in coordination with the Community Development Program Coordinator. Reimbursement requests shall include the following:transaction detail completed for the relevant draw request period,timesheets in compliance with 2 CFR 200.430 (if applicable), and proof of payment by Subrecipient (such as copy of check and bank transaction information showing payment of check, copy of receipt of payment by contractor or subcontractor, and/or other relevant documentation of payment). Reimbursement requests must be submitted within fifteen (15) calendar days from the close of each month of the program year except for the final reimbursement request. Subrecipient's final reimbursement request under this Agreement must be submitted by Subrecipient no later than June 30, 2023 and must include a Closeout Certification form which can be found in the Subrecipient Toolbox at littps:Hi-neridiancity.org/cdbg/. Subrecipient shall forfeit reimbursement for any costs not requested within the timeframes set forth in this provision, unless otherwise authorized, in writing,by City. a. Reversion of assets to City. Pursuant to 24 CFR § 570.503(b)(7), upon expiration or termination of this Agreement, Subrecipient shall transfer to City any and all CDBG funds on hand at the time of expiration and any and all accounts receivable attributable to the use of CDBG funds. b. Unique entity identifier. Subrecipient shall comply with requirements established by the U.S. General Services Administration concerning the Unique Entity Identifier,the System for Award Management("SAM") and,per 2 CFR § 170.320,the Federal Funding Accountability and Transparency Act, including Appendix A to 2 CFR part 25. L. Documentation required prior to real estate transactions. Where City's CDBG funds are used for real estate acquisition, as early as practicable, and not less than two (2) weeks prior to the completion of each transaction,Subrecipient shall provide the address of real property under consideration to City for floodplain and related environmental review. Failure to provide the address of the housing unit under consideration in advance of the anticipated close date may result in added expenses for the beneficiary or Subrecipient, or refusal of reimbursement by City. Subrecipient shall maintain real property inventory records that clearly identify properties purchased, improved, rented, or sold. M. Housing Affordability. Where the City's CDBG funds are used for homeownership assistance,the housing must qualify as affordable per Section 215 of the National Affordable Housing Act. CDBG-CV SUBRECIPIENT AGREEMENT-ENRICHMENT PROGRAM PAGE 5 OF 28 N. National Objectives met for five(5)years. Pursuant to 24 CFR § 570.503(b)(7)(i), real property that is acquired or improved, in whole or in part,with funds under this Agreement in excess of$25,000 shall be used to meet one of the CDBG National Objectives until five (5) years after expiration of this Agreement. If the use of the CDBG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to the current market value of the property, less any portion of the value attributed to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment shall constitute program income to City. Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. O. Compliance with procurement policies. Subrecipient shall comply with current Federal, State, and City policies concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided hereunder. P. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds under this Agreement is sold,the proceeds shall be program income,prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment purchased with funds received under this Agreement but not needed by Subrecipient for activities under this Agreement shall be (a)transferred to City for the CDBG program or(b) retained after compensating City an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. Q. Program income. 1. Remittance at end of program year. Pursuant to 24 CFR § 570.503(b)(3) and Pursuant to 24 CFR § 570.504(c),at the end of the program year,the City may require remittance of all or part of any program income balances, including investments thereof, held by Subrecipient, except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for section 108 security needs. 2. Recording program income. Pursuant to 24 CFR § 570.504(a),the receipt and expenditure of program income shall be recorded as part of the financial transactions of the grant program. 3. Disposition if received before closeout. Pursuant to 24 CFR § 570.504(b)(1),program income received before grant closeout may be retained by the recipient if the income is treated as additional CDBG funds subject to all applicable requirements governing the use of CDBG funds, and will be subject to all provisions of Pursuant to 24 CFR §§ 570.504(b) and(c), both prior to and upon closeout. R. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but not limited to, those required by the Federal regulations specified in 2 CFR § 200.302(b) and 24 CFR § 570.506, including: CDBG-CV SUBRECIPIENT AGREEMENT-ENRICHMENT PROGRAM PAGE 6 OF 28 a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; c. Records required to determine the eligibility of activities for CDBG funding; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; f. Financial records, as required by 570.506(h); g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K; h. Identification of CDBG funds received and expended and the Federal programs under which they were received, including Federal award identification number and year and name of the pass-through entity(City of Meridian); i. Records that identify adequately the application of CDBG funds,including information pertaining to Federal awards, authorizations,financial obligations, unobligated balances, assets, expenditures, income and interest; such records shall be supported by source documentation; j. Comparison of expenditures with budget amounts for each Federal award. k. Written procedures to implement the requirements of 2 CFR § 200.305; and 1. Written procedures for determining the allowability of costs in accordance with subpart E of this part and the terms and conditions of the Federal award. 2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement, defined as the date of the submission of City's final annual performance and evaluation report to HUD. Records for non-expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. If,prior to the expiration of the five-year period, any litigation, claims, audits,negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period,whichever occurs later. III. EMPLOYMENT AND LABOR CONDITION REQUIREMENTS A. Equal Employment Opportunity. Per 2 CFR Part 200,Appendix II, section (C) and 41 CFR § 60-1.4(b),the equal opportunity clause set forth in 41 CFR § 60-1.4(b) is incorporated herein by reference, and shall apply as though set forth fully herein. B. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1974,the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, Executive Order 11246 as amended by Executive Orders 11375 and 12086,and 24 CFR §§ 570.601 and 570.602. Subrecipient, in undertaking its obligation to carry out the program assisted hereunder,agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. C. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607. The applicable non-discrimination provisions in Section 109 of the CDBG-CV SUBRECIPIENT AGREEMENT-ENRICHMENT PROGRAM PAGE 7 OF 28 Housing and Community Development Act of 1974 (24 CFR § 6) are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion,transfer, recruitment or recruitment advertising, layoff, termination,rates of pay or other forms of compensation, and selection for training, including apprenticeship. D. ADA Section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.),which prohibits discrimination against the handicapped in any federally assisted activities. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. E. Small, Women-and Minority-Owned Businesses. Per 2 CFR § 200.321, Subrecipient must take all necessary affirmative steps to assure that small businesses, minority businesses, women's business enterprises, and labor surplus area firms are used when possible F. Affirmative Action. Subrecipient agrees that it shall be committed to carry out pursuant to City's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. City shall provide Affirmative Action guidelines to Subrecipient to assist in the formulation of such program. Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. G. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice,to be provided by the agency contracting officer, advising the labor union or workers' representative of Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. H. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. I. Drug Free Workplace. Subrecipient certifies it is in compliance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701)which requires grantees (including individuals) of federal agencies,as a prior condition of being awarded a grant,to certify that they will provide drugfree workplaces.Each potential recipient must certify that it will comply with drugfree workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. J. Faith-based organizations. Pursuant to 24 CFR § 570.2000), if Subrecipient is a faith-based organization, Subrecipient agrees to expend funds provided under this Agreement in accordance with 24 CFR § 5.109. K. Labor standards. Per 2 CFR Part 200,Appendix II, section (D), Subrecipient agrees to comply with all applicable requirements of the Secretary of Labor in accordance with the Davis-Bacon Act(40 U.S.C. §§ 3141-3144, and 3146-3148) as supplemented by Department CDBG-CV SUBRECIPIENT AGREEMENT—ENRICHMENT PROGRAM PAGE 8 OF 28 of Labor regulations (29 CFR Part 5) as amended. In accordance with the statute, Subrecipient or Subrecipient's subcontractor must pay wages to laborers and mechanics at a rate not less than the prevailing wages as specified in a wage determination made by the Secretary of Labor. In addition, Subrecipient or Subrecipient's subcontractor must be required to pay wages not less than once a week. Subrecipient must include a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation.The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. Further,the provisions of Agreement Work Hours and Safety Standards Act;the Copeland "Anti-Kickback"Act(40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3), under which Subrecipient or Subrecipient's subcontractor is prohibited from inducing,by any means, any person employed in the construction,completion, or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. Subrecipient further acknowledges and agrees that all contractors engaged under contracts in excess of$2,000.00 for construction,renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided,that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient or its subcontractors of its obligation, if any,to require payment of the higher wage. Per 2 CFR Part 200,Appendix II, section(E),the Contract Work Hours and Safety Standards Act(40 U.S.C. §§ 3701-3708) applies to contracts in excess of$100,000. L. Conflicts of interest; nepotism. Subrecipient agrees to abide by the provisions of 24 CFR § 570.611. Further, no person who exercises or has exercised any function or responsibility with respect to CDBG-assisted activities, or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in activities funded under this Agreement,or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. M. Rights to Inventions. Per 2 CFR Part 200,Appendix Il, section (F), if Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work, Subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. N. Lobbying; political activities. Subrecipient hereby certifies that: No Federal appropriated funds have been paid or will be paid, by or on behalf of it,to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal agreement, the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the CDBG-CV SUBRECIPIENT AGREEMENT-ENRICHMENT PROGRAM PAGE 9 OF 28 extension, continuation,renewal, amendment, or modification of any Federal agreement, grant, loan, or cooperative agreement; If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; Subrecipient will require that the following language be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly: "This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not let less than$10,000 and not more than$100,000 for each such failure." The foregoing certification is a material representation of fact upon which reliance is placed by City. Per 31 U.S.C. § 1352 and 2 CFR Part 200,Appendix II, section (1),submission of this certification may be a prerequisite for making or entering into this transaction. Subrecipient further agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act(Title V, Chapter 15, U.S.C.). O. Section 3 of the Housing and Urban Development Act of 1968. 1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701) ("Section 3"),the regulations set forth in 24 CFR Part 75, Subpart C, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City and any contractors and/or subcontractors. Section 3 will apply to a project if there is over$200,000 of HUD housing and community development financial assistance to the project(or$100,000 of Lead Hazard or Healthy Homes funding). Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's contractors and subcontractors,their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 2. Subcontract language. Subrecipient further agrees to include the CDBG Supplemental General Conditions in all applicable subcontracts executed under this Agreement. The CDBG Supplemental Conditions can be found in Attachment 7 (if applicable) and includes the Section 3 requirements located at 24 CFR § 75.19(b). CDBG-CV SUBRECIPIENT AGREEMENT-ENRICHMENT PROGRAM PAGE 10 OF 28 IV. ENVIRONMENTAL CONDITIONS No funds will be released until City conducts an environmental assessment and makes a determination of"No Significant Impact" in compliance with 24 CFR Part 58 and other federal, state, and local laws and regulations. If applicable,the City will issue a Notice to Proceed once the environmental review is completed and is accepted by the City and/or HUD. A. Air .and Water. Subrecipient specifically agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C. §§ 7401, et seq. and 2 CFR Part 200,Appendix II, section (G). 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating to inspection,monitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50. B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained,and shall assure compliance with Title 10, Chapter 6, Meridian City Code, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead-Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations,24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to all CDBG-assisted housing and require that all owners,prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms,treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice must also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property,paint testing, risk assessment,treatment and/or abatement may be conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended(16 U.S.C. § 470) and the procedures set forth in 36 CFR Part 800,Advisor Council on Historic Preservation Procedures for Protection of Properties,insofar as they apply to the performance of this Agreement. In general,this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal, state or local historic property list. V. GENERAL CONDITIONS A. Appropriation. It is acknowledged by the Parties that although Congress has signed an CDBG-CV SUBRECIPIENT AGREEMENT—ENRICHMENT PROGRAM PAGE 11 OF 28 appropriation bill committing the funds set forth in this Agreement, and HUD has notified City of its apportionment and approved the City's Action Plan, availability of CDBG funds to City, and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD's release of such funds to City. Unless and until HUD releases the funds, City shall have no contractual, legal, or equitable obligation to Subrecipient. In the event that CDBG funds are not made available to City,whether by Congress or by HUD,this Agreement shall be void,and City shall have no obligation to Subrecipient,whether under this Agreement or under any legal or equitable claim. B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: If to City: If to Subrecipient: City of Meridian Children's Museum of Idaho, Inc. Attn: Crystal Campbell, Community Attn: Pat Baker,Executive Director Development Program Coordinator 790 S. Progress Ave. 33 E. Broadway Avenue Meridian, ID 83642 Meridian, Idaho 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. C. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds, including, but not limited to, 24 CFR Part 570 and subpart K of such regulations. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement, except that: (1) Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR § 570.604; and(2) Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 58. D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. E. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and participants in its programming, and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Subrecipient and/or Subrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests, invitees,participants, and/or volunteers and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property. CDBG-CV SUBRECIPIENT AGREEMENT-ENRICHMENT PROGRAM PAGE 12 OF 28 F. Workers' Compensation. Subrecipient shall maintain workers' compensation insurance coverage, in the amount required by Idaho law, for all employees involved in the performance of this Agreement. G. Insurance. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage. At a minimum, Subrecipient must provide the equivalent insurance coverage for real property and equipment acquired or improved with CDBG funds as provided to property owned by the non-Federal entity. For construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold as defined in 41 U.S.C. 134 and Appendix II, section (A), Subrecipient must comply with bonding requirements set forth in 2 CFR § 200.325. H. Grantee Recognition. Subrecipient shall ensure recognition of the role of the City in providing services through this Agreement.All activities,facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. I. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by City's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with Federal,state or local governmental guidelines,policies and available funding amounts,or for other reasons. If such amendments result in a change in the funding,the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. J. Termination (see 2 CFR Part 200, Appendix II, section (B)). 1. Termination for convenience. Either party may terminate this Agreement by, at least thirty(30)days before the effective date of such termination,giving written notice to the other party of such termination and specifying the effective date thereof. 2. Termination for cause. Termination of this Agreement, in whole or in part,may occur for cause,which shall include, but shall not be limited to,the following: a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines,policies or directives as may become applicable at any time; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission of reports that are incorrect or incomplete in any material respect. Either Party may terminate this Agreement for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have fourteen (14)days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period,the other Party shall terminate this Agreement for cause. In addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Subrecipient ineligible for any further participation in City CDBG programming. CDBG-CV SUBRECIPIENT AGREEMENT-ENRICHMENT PROGRAM PAGE 13 OF 28 3. Work completed. In the event of any termination, all finished or unfinished documents, data, studies, surveys, maps, models, drawings,photographs, reports, and/or other materials that are the property of and prepared by Subrecipient under this Agreement shall become the property of City, and Subrecipient shall provide same within seven (7) days of City's demand therefor. Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. K. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior written consent of City;provided,however,that claims for money due or to become due to Subrecipient from City under this Agreement may be assigned to a bank,trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be furnished promptly to City. L. Subcontractors. 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. All subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. 2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books,records and accounts by City, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. Specifically, without limitation, Subrecipient shall include the provisions of this Agreement regarding Civil Rights and Affirmative Action in every subcontract or purchase order, specifically or by reference, to ensure that such provisions will be binding upon all subcontractors. 4. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. M. Relocation, real property acquisition, and one-for-one housing replacement. Subrecipient agrees specifically, without limitation,to comply with: 1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended(URA),and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); 2. The requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under 24 CFR part 42, subpart B; and 3. The requirements in 24 CFR 570.606(d) governing optional relocation policies. CDBG-CV SUBRECIPIENT AGREEMENT—ENRICHMENT PROGRAM PAGE 14 OF 28 Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2)that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. N. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. O. Severability. If any provision of this Agreement is held to be invalid,the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. P. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written,whether previous to the execution hereof or contemporaneous herewith. Q. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof,notwithstanding delay in enforcement. R. Attachments. All attachments and/or exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. S. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. VI. CARES ACT FUNDING The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was signed into law on March 27, 2020 in an effort to respond to the COVID-19 pandemic. Projects funded under the CARES Act must meet all of the criteria for standard CDBG projects, but must also use the funding to prepare, prevent, and/or respond to COVID-19. The CARES Act prohibits the duplication of benefits. A duplication of benefits occurs when: 1. An agency and/or an individual receives assistance for the same activity from multiple resources (e.g. FEMA, SBA for staffing, etc.); and 2. The total assistance is greater than the expense incurred for that activity. Subrecipient certifies that it has not received or applied for any additional funding sources that may be considered a duplication of benefits. If Subrecipient receives or applies for funding sources for the activities described in this Agreement, Subrecipient shall immediately notify the City's Community Development Program Coordinator. In the event a duplication of benefits is received the agency will be required to reimburse City for CDBG funds disbursed. CDBG-CV SUBRECIPIENT AGREEMENT-ENRICHMENT PROGRAM PAGE 15 OF 28 IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: Child n's Museum of Idaho, Inc. Pat Baker, Executive Director CITY: City of Meridian Attest: By: Robert E. Simison,Mayor 11-22-2022 Chris Johnson, City Clerk 11-22-2022 CDBG-CV SUBRECIPIENT AGREEMENT-ENRICHMENT PROGRAM PAGE 16 OF 28 Attachment 1: Location of Service Area Meridian City Limits II I ff r a � �� �, , w� POLICY CDBG-CV SUBRECIPIENT AGREEMENT—ENRICHMENT PROGRAM PAGE 17 OF 28 Attachment 2: Risk of Noncompliance Evaluation Risk of Noncompliance Evaluation This doement is used to an31yze the risk of the prcgrarn to determine the 5evr:+1 of rnonikwhg required during this prcgram year. Organization The Children's Museum of Program PY19-CV Award $16,400.00 Name Idaho Year Total Points 65 Risk Level High Next Steps Onsite Monitor &m,n C\allj,.La LYded Score �FACTORS Scale Point TviDe of Contract weight: 2 Public Service 4 Housing Activities(Other than Homeownership Assistance) 3 1 4 6 Ac uisition/Construction 2 Public facilitiesplanning infrastructure 1 Contracted Dollars weight: 2 $60,000-Above 4 $40 000-S59 999 3 1320,000-S39 999 2 1 2 $0-$19,999 1 Subreciplent Experience with Meridian CDBG weight: 3 New Pro ram 3 1-3 years 2 1 3 9 4 years+ 1 New Activity for Subrecipient weight: 3 Yes 2 1 1 3 No 1 Number of Clients Served weight: 2 100+ 3 50-99 2 3 5 Less than 50 1 Key Organizational Change weight: 3 Executive Director&Financial Manager 4 Executive Director and/or Financial Manager 3 Program Director/Manager 2 Q 0 Other Key Staff 1 None 0 Systems Change weight: 3 Major Systems Change 2 Minor Systems Change 1 1 0 0 None 0 Program Delays weight: 1 CDBG Program did not begin on scheduleidela ed 1 New Program 1 1 t CDBG Program began on schedule 0 Pro Tess Reports wei ht: 2 Subrecipient has history of not submitting reports mely 1 New Program 1 1 2 Subrecipient has history of s-ibrnitting reports timely 0 Met Goals in Previous Years weight: 3 NoIlNew Program 2 CDBG-CV SUBRECIPIENT AGREEMENT—ENRICHMENT PROGRAM PAGE 18 OF 28 Risk of iEvaluation . . Financial Audit weight: 4 . ngs AlthoughNo Audit RequiredAudit with nolminor find ngs : MonitoringLast Visit weight: 3 New Program Less than 2 Years 2 Years of More 4 potentiai for payment error New Program Corrective Action (Any Monitoring) weight: 4 ,Current Concerns:Findings that require 13rovider's action. No Findings Signature cl-LIStat Campbell- Dale IILZZ� Level of Risk Low Risk Medium Risk High Risk <40 points 41-60 points 61+poinfs Project requires a minimum Projects will toe monitored via intemal bl-annual desk Projects will receive priority for amount of monitoring_ Activities manitorings and on-site rnanitoring no less than every monitoring_ High priority activ�ies under this category wi l be two years_ The an-spite monitoring review will be will generalty be monitored monitored primarily via intemal conducted preferabGy within the first six months of the annually within the first E3 marrihs desk monitoring procedun�on an chosen pr�agram year- Based upon the results of the of the program year_ High-risk annual basis,unless situations monitoring visit,staff v►nill determine the need for and subn:cipients may also be dictate otherwise_ On-site frequency of additional technical assistance visits required to submit additional monitoring wild generally take place arxifor on-site compliance reviews.. These activities documentation as needed to at least once every iwa years- will generally be monitored after high priority activities albw for closer evaluation of five have been adequately addressed_ project through desk monitoring. Commer>xs r• OF Attachment 3: Signing Authority Complete the form to designate signing authority. Subrecipient Name: CV, /W/"/►'i A/G t✓c..e Project Name: _ Z)✓ �C%Cc21i�/l�C�����%f hiy�%C ��, Program Year: _ Start Date: ✓2-� l°�-�i End Date: Name Title Authorized to sign for(check all that A�� apply): Identifying Signature CeFinancial AContractual Name Title Authorized to sign for(check all that apply): Identifying Signature ❑ Financial ❑ Contractual Name Title Authorized to sign for(check all that apply): Identifying Signature ❑ Financial ❑ Contractual Signing authority for the above individuals is authorized by: Name Title Signature Date CDBG-CV SUBRECIPIENT AGREEMENT-ENRICHMENT PROGRAM PAGE 20 OF 28 Attachment 4: Federal Certifications The following are required as referenced below. Subrecipient Name:AA ,lv, Project Name: �C/l- ,���Gt/�- 15!�i/"6/7 111" Program Year: Start Date: /- > End Date: D_A_3 Subrecipient maintains a policy for and complies with the following: Yes No N/A Policy ❑ ❑ ADA/Section 504 [29 U.S.C. § 7011 ❑ ❑ Confidentiality [2 CFR § 200.303(e)] j ❑ ❑ Conflict of Interest [2 CFR § 200.318(c)(1); 24 CFR § 570.611] �j ❑ ❑ Drug Free Workplace [24 CFR part 24, subpart F] , j ❑ ❑ Equal Employment Opportunity [2 CFR Part 200; 41 CFR § 60-1.4(b)] ❑ ❑ Fair Housing [Fair Housing Act] (if applicable) K] ❑ ❑ Nondiscrimination [24 CFR § 570.607] ❑ ❑ Procurement [2 CFR § 200.318(a)] (if applicable) Is Subrecipient a nonprofit entity? )ZVes ❑No Per 2 CFR §200.415 major nonprofit organizations areineligible for this funding. If the agency is a nonprofit,please select one of the following: 6 Organization is not a major nonprofit organization. ❑ Organization is a major nonprofit organization. By signing this form, I certify the above is true and correct to the best of my knowledge. Name Title Signature Date 'A major nonprofit organization is defined in§200.414(a)as an organization receiving more than$10 million in direct federal funding. CDBG-CV SUBRECIPIENT AGREEMENT-ENRICHMENT PROGRAM PAGE 21 OF 28 Attachment 5: Environmental Review Environmental Review for Activity/Project that is Exempt or Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR 58.34(a) and 58.35(b) Project Information Project Name: CV-Children's-Museum HERDS Number: 900000010289750 Responsible Entity(RE): MERIDIAN, 33 E Idaho Ave Meridian ID,83642 State/ Local Identifier: RE Preparer: Crystal Campbell Grant Recipient(if different than Responsible Entity): Point of Contact: Consultant (if applicable): Point of Contact: Project Location: 790 S Progress Ave, Meridian, ID 83642 Additional Location Information: N/A Description of the Proposed Project [24 CFR 50.12&58.32;40 CFR 1508.25]: The Children's Museum of Idaho is a place where children learn through play and exploration in environments and experiences created just for them.The interactive exhibits are designed to be manipulated by children and guided by an adult(parent,grandparent, caregiver).This hands-on approach inspires young minds to take an active role that stimulates learning and addresses the developmental needs of children.This project will provide after-hours access to The Children's Museum for Meridian families with a low to moderate income.The City anticipates using$16,000 of CDBG-CV(CARES Act)funding. CDBG-CV funds will be used to provide an estimated 75 children with access to the Children's Museum. Level of Environmental Review Determination Activity/Project is Exempt per 24 CFR 58.34(a): 58.34(a)(4) Signature Page ER Sig pg.pdf CDBG-CV SUBRECIPIENT AGREEMENT—ENRICHMENT PROGRAM PAGE 22 OF 28 Funding Information Grant/ Project HUD Program Program Name Identification Number Community Planning and Community Development Block Grants 145 Development(CPD) I (CDBG) (Entitlement) Estimated Total HUD Funded,Assisted $16,000.00 or Insured Amount: Estimated Total Project Cost [24 CFR 58.2 (a) (5)]: $16,000.00 Compliance with 24 CFR§50.4&§58.6 Laws and Authorities Compliance Factors: Are formal Compliance determination Statutes, Executive Orders, and compliance steps (See Appendix A for source Regulations listed at 24 CFR §50.4& or mitigation determinations) §58.6 required? STATUTES, EXECUTIVE ORDERS,AND REGULATIONS LISTED AT 24 CFR§50.4&§ 58.6 Airport Runway Clear Zones and Based on the project description the Clear Zones project includes no activities that would 24 CFR part 51 require further evaluation under this section.The project is in compliance with Airport Runway Clear Zone ❑ Yes Q No requirements. Coastal Barrier Resources Act Coastal Barrier Resources Act, as This project is located in a state that amended by the Coastal Barrier does not contain CBRS units.Therefore, Improvement Act of 1990 [16 USC this project is in compliance with the 3501] ❑ Yes Q No Coastal Barrier Resources Act. Flood Insurance Based on the project description the Flood Disaster Protection Act of project includes no activities that would 1973 and National Flood Insurance require further evaluation under this Reform Act of 1994 [42 USC 4001- section.The project does not require 4128 and 42 USC 5154a] flood insurance or is excepted from flood insurance.While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP).The project is in compliance with Flood Insurance ❑ Yes Q No requirements. CDBG-CV SUBRECIPIENT AGREEMENT—ENRICHMENT PROGRAM PAGE 23 OF 28 Mitigation Measures and Conditions [CFR 40 1505.2(c)]:Summarized below are all mitigation measures adopted by the Responsible Entity to reduce, avoid or eliminate adverse environmental impacts and to avoid non-compliance or non-conformance with the above-listed authorities and factors.These measures/conditions must be incorporated into project contracts, development agreements and other relevant documents.The staff responsible for implementing and monitoring mitigation measures should be clearly identified in the mitigation plan. Law,Authority, Mitigation Measure or Condition Comments on Mitigation Complete or Factor Completed Plan Measures Project Mitigation Plan Supporting documentation on completed measures CDBG-CV SUBRECIPIENT AGREEMENT—ENRICHMENT PROGRAM PAGE 24 OF 28 APPENDIX A: Related Federal Laws and Authorities Airport Runway Clear Zones General policy Legislation Regulation It is HUD's policy to apply standards to 24 CFR Part 51 Subpart D prevent incompatible development around civil airports and military airfields. 1. Does the project involve the sale or acquisition of developed property? ✓ No Based on the response,the review is in compliance with this section. Yes Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section.The project is in compliance with Airport Runway Clear Zone requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No CDBG-CV SUBRECIPIENT AGREEMENT—ENRICHMENT PROGRAM PAGE 25 OF 28 Coastal Barrier Resources General requirements Legislation Regulation HUD financial assistance may not be Coastal Barrier Resources Act used for most activities in units of the (CBRA) of 1982, as amended by Coastal Barrier Resources System the Coastal Barrier Improvement (CBRS). See 16 USC 3504 for limitations Act of 1990 (16 USC 3501) on federal expenditures affecting the CBRS. This project is located in a state that does not contain CBRA units.Therefore,this project is in compliance with the Coastal Barrier Resources Act. Screen Summary Compliance Determination This project is located in a state that does not contain CBRS units.Therefore,this project is in compliance with the Coastal Barrier Resources Act. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No CDBG-CV SUBRECIPIENT AGREEMENT—ENRICHMENT PROGRAM PAGE 26 OF 28 Flood Insurance General requirements Legislation Regulation Certain types of federal financial assistance may not be Flood Disaster 24 CFR 50.4(b)(1) used in floodplains unless the community participates Protection Act of 1973 and 24 CFR 58.6(a) in National Flood Insurance Program and flood as amended (42 USC and (b); 24 CFR insurance is both obtained and maintained. 4001-4128) 55.1(b). 1. Does this project involve financial assistance for construction, rehabilitation, or acquisition of a mobile home, building, or insurable personal property? ✓ No.This project does not require flood insurance or is excepted from flood insurance. Based on the response,the review is in compliance with this section. Yes 4. While flood insurance is not mandatory for this project, HUD strongly recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). Will flood insurance be required as a mitigation measure or condition? Yes ✓ No Screen Summary Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section.The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP).The project is in compliance with Flood Insurance requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No CDBG-CV SUBRECIPIENT AGREEMENT—ENRICHMENT PROGRAM PAGE 27 OF 28 Attachment 6: Budget Children's Museum of Idaho Enrichment Program PY19-CV Project#150 Facility Fee Total Award $ 16,400.00 $ 16,400.00 Draw# Date Timeframe 1 $ - 2 $ - 3 $ - 4 $ - 5 $ - 6 $ - 7 $ - Total $ - $ - Balance $ 16,400.00 $ 16,400.00 CDBG-CV SUBRECIPIENT AGREEMENT—ENRICHMENT PROGRAM PAGE 28 OF 28 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Approval of Bid and Award of Contract to Bicon, Inc. for the Locust Grove Sidewalk Widening project for the Not-To-Exceed amount of$ 433,000.00 C� fIEN DLAN HO MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts Meeting Date: 11/22/2022 Presenter: N/A Estimated Time: N/A Topic: Approval of Bid and Award of Contract to Bicon, Inc. for the Locust Grove Sidewalk Widening project for the Not-To-Exceed amount of$ 433,000.00. Recommended Council Action: Approval of Construction Contract to Bricon for the Locust Grove Sidewalk Widening project. Background: This award is the result of Formal ITB #PKS-2224-11348 issued July 8, 2022 and closed August 2, 2022. Three bids were received. CONTRACT FOR PUBLIC WORKS CONSTRUCTION LOCUST GROVE SIDEWALK WIDENING — MCMILLAN TO CHINDEN PROJECT # 11348 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 222-d day of November, 2022, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, Bricon, Inc. hereinafter referred to as "CONTRACTOR", whose business address is 18050 N. Sophie PI., Nampa, ID 83687 and whose Public Works Contractor License # is P W C - C-11823. INTRODUCTION Whereas, the City has a need for services involving Sidewalk Construction; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1 .1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1 .2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1 .3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, LOCUST GROVE SIDEWALK WIDENING—MCMILLAN TO USTICK page 1 of 13 11348 state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1 .4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $433,000.00. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups or material escalations. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. LOCUST GROVE SIDEWALK WIDENING—MCMILLAN TO USTICK page 2 of 13 11348 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if City determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days' notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. LOCUST GROVE SIDEWALK WIDENING—MCMILLAN TO USTICK page 3 of 13 11348 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Sub-Contractors: Contractor shall require that all of its sub-contractors be licensed per State of Idaho Statute # 54-1901 . 7. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 8. Indemnification and Insurance: 8.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and 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 performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured 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 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, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or LOCUST GROVE SIDEWALK WIDENING—MCMILLAN TO USTICK page 4 of 13 11348 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 Contractor or Contractor'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. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'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 Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR 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. 8.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 8.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 8.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 8.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 8.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 8.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 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 LOCUST GROVE SIDEWALK WIDENING—MCMILLAN TO USTICK page 5 of 13 11348 a default under, this Agreement by the party so failing to perform. 10. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho with a Best's rating of no less than A-. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re-procurement of the contract services. 11. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 12. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 13. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 14. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this LOCUST GROVE SIDEWALK WIDENING—MCMILLAN TO USTICK page 6 of 13 11348 address: http://www.meridiancity.org/environmental.aspx?id=13618. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 15. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 16. Reports and Information: 16.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 16.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 17. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 18. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to LOCUST GROVE SIDEWALK WIDENING—MCMILLAN TO USTICK page 7 of 13 11348 copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 19. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31 , U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to ensure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 20. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 21. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 22. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 23. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 24. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver LOCUST GROVE SIDEWALK WIDENING—MCMILLAN TO USTICK page 8 of 13 11348 of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 25. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 26. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 27. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. Retainage of five percent (5%) of the current contract value will be withheld from the final pay application(s) until final completion has been met and releases from both the Idaho Tax Commission and Surety have been received by the City. 28. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 29. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 30. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. LOCUST GROVE SIDEWALK WIDENING—MCMILLAN TO USTICK page 9 of 13 11348 31. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 32. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian Bricon, Inc. Procurement Manager Attn: Mark Brice 33 E Broadway Ave. 18050 N. Sophie PI. Meridian, ID 83642 Nampa, ID 83687 208-489-0417 Phone: 208-869-4827 Email: briconl@msn.com Idaho Public Works License #: PWC-C-11823 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 33. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BRICON, INC. BY: BY: C G KEITH WATTS, Procurement Manger MARK BRICE, Owner DATED: 11-22-2022 DATED: 11/11/22 Approved by Council Date: (if needed) 11-22-2022 Project Manager Kim Warren LOCUST GROVE SIDEWALK WIDENING—MCMILLAN TO USTICK page 10 of 13 11348 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID #PKS-2244-11348 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: • Construction Drawings by T-O Engineers (3 pages) SCOPE OF WORK This City Project will widen segments of the sidewalk on Locust Grove that do not currently meet our 10' minimum width requirement for pathways in order to strengthen this connection for pedestrians. Bid set includes a numbers of individual pathway segments, included as five (5) mini bid packages, to be bid and constructed as one project. Bid alternate as noted. Pathway segments (starting at McMillan Road and heading north) are as follows: • Barnett Properties, McMillan Frontage—excavation and base placement completed last fall. Base amendment and paving only, this segment. • Tustin Neighborhood — replace existing sidewalk with 10' sidewalk • The Reserve Subdivision— replace existing sidewalk with 10' sidewalk • West Ada School District Property (Central Academy) - replace existing sidewalk with 10' sidewalk Bid Alternate 1: • Valley Life Community Church — replace existing sidewalk with 10' sidewalk LOCUST GROVE SIDEWALK WIDENING—MCMILLAN TO USTICK page 11 of 13 11348 General description of work for most pathway segments: Sawcut and remove existing sidewalk, concrete, and existing landscape as indicated. Retain existing curb and gutter and install new 10' sidewalk. Adjust location and/or height of electrical junction boxes, water meter and other minor utility elements as necessary. Relocate street lights outside of sidewalk alignment as necessary. Ensure smooth grade transitions between new concrete flatwork and existing sidewalks and landscape. See individual plan sets for details. Contractor to provide staking. CAD/electronic plans will be made available. This project does not include landscape or irrigation restoration. Contractor shall minimize damage to existing trees and landscape per Meridian's Tree Protection Ordinance and limit extent of disturbance to 2' from back of sidewalk wherever possible. Contact the Project Manager with any irrigation conflicts and to coordinate zone shutoff and capping of lines so that existing unaffected landscape will not suffer. The City will contract separately to accomplish tree replacement and landscape restoration after work under this contract is complete. LOCUST GROVE SIDEWALK WIDENING—MCMILLAN TO USTICK page 12 of 13 11348 Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $433,000.00. MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion 150 Days from Notice to Proceed Milestone 2 Final Completion 180 Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment and incidentals as required for the Locust Grove Sidewalk Widening — McMillan to Chinden Project per ITB BID #. NOT-TO-EXCEED AMOUNT.............................................$433,000.00 Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. The City will pay the contractor based on actual quantities of each item of work in accordance with the contract documents. Contract Pricing Schedule Item No. Description Quantity Unit Unit Price 1 Locust Grove Sidewalk Widening- Barnett 1 LS $55,000 Properties 2 Locust Grove Sidewalk Widening-Tustin 1 LS $240,000 Neighborhood 3 Locust Grove Sidewalk Widening-The Reserve 1 LS $27,000 Subdivision 4 Locust Grove Sidewalk Widening-West Ada 1 LS $57,000 School District Property Valley Life Community Church-replace existing 5 sidewalk with 10' sidewalk 1 LS $54,000 LOCUST GROVE SIDEWALK WIDENING—MCMILLAN TO USTICK page 13 of 13 11348 C��TE IDIAN�-- BID RESULTS 0 BID NAME: Locust Grove Sidewalk Widening- McMillan to Chinden Knife River Corporation- terraco excavation& BID NUMBER: PKS-2244-11348 BriCon,Inc. Mountain West demo Total Cost $379,000.00 $575,000.00 $425,327.80 Selected# Item# Items quantity Unit UnitPrice Total UnitPrice Total UnitPrice Total 1 LG Sidewalk Widening-Barnett Properties 1 LS $55,000.00 $55,000.00 $24,000.00 $24,000.00 $41,086.20 $41,086.20 2 LG Sidewalk Widening-Tustin Neighborhood 1 LS $240,000.00 $240,000.00 $250,000.00 $250,000.00 $160,207.76 $160,207.76 3 LG Sidewalk Widening-The Reserve Subdivision 1 LS $27,000.00 $27,000.00 $235,000.00 $235,000.00 $102,382.96 $102,382.96 4 LG Sidewalk Widening-West Ada School District Property 1 LS $57,000.00 $57,000.00 $66,000.00 $66,000.00 $121,650.88 $121,650.88 CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 11/14/2022 REQUESTING DEPARTMENT PARKS Project Name: Locust Grove Sidewalk Widening-McMillan to Chinden Project Manager: Kim Warren Contract Amount: $433,000 Contractor/Consultant/Design Engineer: Bricon, Inc. Is this a change order? Yes ❑ No ❑ Change Order No. II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 1 Budget Available(Purchasing attach report): Department 5290 Yes ❑✓ No ❑ Construction 0 GL Account 93401 FY Budget: 2023 Task Order ❑ Project Number: 11348 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 ❑.r No ❑ (Ratings Attached) Yes ❑No Date MSA Roster Approved: Typical Award Yes 0 No ❑ If no please state circumstances and conclusion: Date Award Posted: 8/18/2022 7 day protest period ends: August 25,2022 VI. PROCUREMENT USE ONLY-CONTRACTOR/CONSULTANT REQUIRED INFORMATION PW License PWC-C-11823 Expiration Date: 7/31/2023 Corporation Status Active-Good Standing Insurance Certificates Received(Date): 11/11/2022 Expiration Date: 8/1/2023 Rating: A++ Payment and Performance Bonds Received(Date): Rating: Builders Risk Ins.Req'd: Yes ❑ No 0 If yes,has policy been purchased? N/A (Only applicabale for projects above$1,000,000) 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: November 14,2022 Approval Date November 22,2022 By: Council Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Approval of Blanket Purchase Order#23-0098 to Ferguson Enterprises for FY23 Sensus Water Meters and Related Equipment for the Not-To-Exceed Budget Amount of $1,365,721.00 APPROVED C� fIEN DLAN HO MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts, Buyer Meeting Date: November 22, 2022 Presenter: Consent Estimated Time: 0.00 Topic: Approval of Blanket Purchase Order#23-0098 to Ferguson Enterprises for FY23 Sensus Water Meters and Related Equipment for the Not-To-Exceed Budget Amount of$1,365,721.00. Recommended Council Action: Approval of Blanket Purchase Order. Background: This Purchase Order is issued in conjunction with the current Sole Source with Ferguson Enterprises. C�VE IDIANty Purchase Order 11/14/2022 23-0098 Attention: Dennis Teller CITY OF MERIDIAN BillingAttn: Finance 33 E Broadway Ave 33 EAST BROADWAY AVE. Address: Meridian, ID 83642 MERIDIAN, ID 83642 (208) 888-4433 Shipping City of Meridian Vendor Address: Address: Water Department 2235 NW 8th FERGUSON ENTERPRISES, LLC (FEIN 54-1211771) Meridian, ID 83646 FERGUSON WATERWORKS#1701 PO BOX 802817 Shipping Method: Truck CHICAGO, IL 60680-2817 FOB: Destination Pre-Paid Description Unit Quantity Unit Price Total 23-0098 Water Meters& Related Equipment FY23 Dollar 1.00 1,373,458.00 1,373,458.00 Purchase Order Total: $1,373,458.00 Purchasing Manager: Special Instructions Water Meters & Related Equipment FY23 Per Executed Ferguson Sole Source dtd. 12/16/14, Letter and Council Approval Nov-Dec 2022 Not-To-Exceed $1,365,721.00 (60-3410-52450) Ticket#82838. E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: City of Meridian Financial Report - October 2022 City of Meridian Monthly Financial Report FY2023 October 2022 Table of Contents Report Name Page Number Investment Graphs 2 Fund Balance 3 Ono rT1'Yrh1Lt iii�-, Al r i V Ion INN 0 low r r 7RAIIIf�llllllp - II 4�._,'i IN' i@ ----i � E 1DIAN -- F:\Reporting\Monthly Reports\FY2023\FY23 - 1 Oct Council Report 1 of 3 Monthly Financial Report FY2023 (�E IDIAN^- October 2022 I D A H O City of Meridian Investment Portfolio Yield by Investment Type IDAHO STATE POOL 2.54% IDAHO BOND 2.39% FUND CASH 0.00% FIB 2.15% .FIB MoneyMarket$1,658,407 .Cash$20,988,293 MONEYMARKET .Idaho Bond Fund$72,548,180 .Idaho State Pool$129,960,375 City of Meridian Interest/Investment Income City of Meridian Cash/Investments Balance by Major Fund by Major Fund $600,000 $140,000,000 $500,000 $120,000,000 $400,000 $100,000,000 $300,000 $80,000,000 $200,000 $60,000,000 $100,000 $40,000,000 $20,000,000 $0 General Enterprise $_ General Fund Enterprise Fund ■Total Budget ■Actual YTD ■FY23 ■FY22 F:\Reporting\Monthly Reports\FY2023\FY23-1 Oct Council Report 2 of 3 Monthly Financial Report FY2023 ( E IDIAN*,--..- October 2022 IDAHO GENERAL FUND BALANCE ALLOCATIONS $120,000,000 $100,000,000 $80,000,000 $60,000,000 $40,000,000 $20,000,000 - $- 9/30/2015 9/30/2016 9/30/2017 9/30/2018 9/30/2019 9/30/2020 9/30/2021 ■Nonspendable ■Restricted ■Committed ■Assigned ■Assigned Reserves ■Unassigned ENTERPRISE FUND BALANCE ALLOCATIONS $90,000,000 $80,000,000 $70,000,000 $60,000,000 $50,000,000 $40,000,000 $30,000,000 -- $20,000,000 it $10,000,000$ 9/30/2015 9/30/2016 9/30/2017 9/30/2018 9/30/2019 9/30/2020 9/30/2021 ■Assigned ■Unassigned ■Assinged Reserves F:\Reporting\Monthly Reports\FY2023\FY23-1 Oct Council Report 3 of 3 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Mayor's Office: Net-Zero Budget Amendment in the Amount of$517,466.00 to Accept the Fiscal Year 2023/Program Year 2022 Community Development Block Grant (CDBG) Awa rd 11i4/2022 1:30PM City of Meridian FY2023 Budget Amendment Form Personnel Costs Full Time Equivalent(FTE): Fund# Dept.# G/L# Proj.# G/L#Description Total WE IDI� IAN, --- 20 1930 41200 6003 Wages �� 20 1930 41206 6003 PT/Seasonal Wages I D A H O 20 1930 41210 6003 Overtime Please only complete thefields highlighted 20 1930 41304 6003 Uniform Allowance in Orange. 20 1930 42021 6003 FICA $ Amendment Details 20 1930 42022 6003 PERSI $ Title: CDBG Grant Funding FY23 20 1930 42023 6003 Worker's Comp $ Department Name: Mayor's Office 20 1930 42025 6003 Employee Insurance $ Presenting Department Name: Mayor's Office Total Personnel Costs $ Department#: 1930 Operating Expenditures Primary Funding Source: 20 Fund# Dept.# G/L# Proj.# G/L#Description One-Time On-Going Total CIP#: n/a 20 1930 85000 6003 Admin $ 42,000 $ 42,000 Project#: 6003 20 1930 85000 6003.150 Fair Housing $ 3,000 $ 3,000 20 1840 85000 6003.147 Boys&Girls Club Scholarships $ 20,000 $ 20,000 Is this for an Emergency? ❑Yes ❑ No 20 1840 85000 6003.146 Jesse Tree Emergency Rental Assist. $ 42,761 $ 42,761 New Level of Service? ❑ Yes ❑ No 20 1840 85000 6003.148 Meridian Senior Center Transportatior $ 14,859 $ 14,859 20 1840 85000 6003.143 NeighborWorks Homebuyer Assist. $ 40,000 $ 40,000 Clerks Office Stamp 20 1840 85000 6003.142 NeighborWorks Homeowner Repair $ 157,423 $ 157,423 20 1860 85000 6003.145 Landing Subdivision Streetlights $ 97,423 $ 97,423 2 HO.-0 1860 85000 6003.144 Scottsdale-CWE Streetlights $ 100,000 $ 100,000 1930 6003 $1930 6003 $ 1930 6003 $1930 1 1 6003 1 Date of Co ilApproval11-22-2022 Total Operating Expenditures $ 517,466 $ $ 517,466 i Capital Outlay Fund# Dept.# G/L# Proj.# G/L#Description Total Acknowledgement Date 20 1930 6003 z0 1930 6003 Daaed 711i1ea 11/3/2022 20 1930 6003 Department Director 20 1930 6003 REVIEWED BP 11/4/22 20 1930 i By T dd Lavoie of 3:25 pm,Nov U,2022 20 1930 6003 Chief Financial Officer Total Capital Outlay $ Revenue/Donations Approved Liz Strader 2:35 pm 11/7/2022 Fund# Dept.# G/L# Proj.# G/L#Description Total Counco Ltai on 20 1930 33100 6003 Admin $ 42,000 — 11-7-22 20 1930 33100 6003.150 Fair Housing $ 3,000 20 1840 33100 6003.147 Boys&Girls Club Scholarships $ 20,000 Mayor 20 1840 33100 6003.146 Jesse Tree Emergency Rental Assist. $ 42,761 20 1840 33100 6003.148 Meridian Senior Center Transportatior $ 14,859 20 1840 33100 6003.143 NeighborWorks Homebuyer Assist. $ 40,000 20 1840 33100 6003.142 NeighborWorks Homeowner Repair $ 157,423 20 1860 33100 6003.145 Landing Subdivision Streetlights $ 97,423 20 1860 33100 6003.144 Scottsdale-CWE Streetlights $ 100,000 Total Revenue/Donations $ 517,466 Total Amendment Request $ City of Meridian FY2023 Budget Amendment Form F:\Budget\FY2023Wmendments\FY2023 Budget Amendment Form-CDBG Grant Funding 11/4/2022 1:30PM City of Meridian FY2023 Budget Amendment Form Total Amendment Cost-Lifetime Prior Year(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Mayor's Office Funding 2023 2024 2025 2026 2027 Title: CDBG Grant Funding FY23 Personnel $ - $ - $ - $ - $ - toatn,ctio for5ubmWing Bnd,e Amendments: Operating $ 517,466 $ - $ - $ - $ - ➢Depamne,d-1 end A—d„E,.-:r. (Bodge[Anaiynl Capital $ ➢n--wll—d A—d—tto--1 f.-g-t— Total $ - $ 517,466 $ - $ - $ - $ - ➢comcd oar—wm sead —read—m May« Total Estimated Project Cost: $ 517,466 ➢Ma —11—e ig—d Ame„a —m-...(—get Anaiyn) Evaluation Questions ➢Fin..rAg,,A-1y,;,,,a—d a,:a -dam &—d.—oapa-t Please answer all Evaluation Questions using the financial data referenced above. ➢Departmentwmadd op,ofA—nd—tto —1Agend.-� Now.:A�—Maaage, 1. Describe what is being requested? Spending authority of the awarded HUD/CDBG grant funds in the amount of$517,666 for FY23(Program Year 22).The individual projects were approved by Council in the PY22 Action Plan submitted to HUD. 2.Why was this budget request not submitted during the current fiscal year budget cycle? Grants are typically awarded at the start of each FY for the current FY,which is after the current FY budget has been approved.The grant award is not executed until after the budget cycle is complete. 3.What is the explanation for not submitting this budget re uest during the next fiscal year budget cle? The grant award is for FY23 and not a carryforward item into the next FY. 4.Describe the proposed method of funding? If funding is split between Funds(i.e. General,Enterprise,Grant),please include the percentage split.List the amounts and sources of anticipated additional revenue that will result from approval of this request. Grant Revenue from HUD=CDBG funding,this is a revenue neutral budget amendment. 5.Does this request align with the Department/City's strategic plan? If not,please explain how this request was not included in the Department/City strategic plan? yes 6. Does this request require resources to be provided by other departments? If yes,please describe the necessary resources to be provided by other departments. Yes,Public Works was awarded two streetlight projects that their staff will be project managers for. 7.Does this Amendment include any needed Equipment or Software that will utilize the Cit's network? Yes or No 8.Is the amendment going to result in the disposal of an asset?(Yes or No) 9.Any additional comments? none Total Amendment Request $ Every effort should be made to avoid reopening the budgetfor an amendment.Departments will need to provide back up and appear before the City Council tojustify budget amendments. Budget amendments are intendedfor emergency or mandatory changes to the original balanced budget.Changes to the original balanced budget may cause afunding shortfall. City of Meridian FY2023 Budget Amendment Form F:\Budget\FY2023Wmendments\FY2023 Budget Amendment Form-CDBG Grant Funding E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Police Department: Fiscal Year 2023 Budget Amendment in the amount of $(219,464.00) for Reimbursement of Anti-Drug Coordinator position through Fiscal Year 2027 APPROVE C� fIEN DLAN HO MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Police Department Meeting Date: 11/15/2022 Presenter: Lt. Shawn Harper Estimated Time: 15 min Topic: Opioid Settlement Funding Recommended Council Action: Spending Authority of opioid funds received by the City to pay for Anti-Drug Coord. Position over the next 5 years. Background: 10/27/2022 6:52AM City of Meridian FY2023 Budget Amendment Form Personnel Costs Full Time Equivalent(FTE): Fund# Dept.# G/L# Proj.# G/L#Description Total E IDIAN:--- 01 2110 41200 0 Wages 01 2110 41206 0 PT/Seasonal Wages 01 2110 41210 0 Overtime please only complete the fields 01 2110 41304 0 Uniform Allowance highlighted in Orange. 01 2110 42021 0 FICA $ Amendment Details 01 2110 42022 0 PERSI $ - Title: Opioid Settlement Funding 01 2110 42023 0 Worker's Comp im$ - Department Name: Police 01 1 2110 1 42025 0 lEmployee Insurance I$ Presenting Department Name: Police Total Personnel Costs $ - Department#: 2110 Operating Expenditures Primary Funding Source: 1 Fund# Dept.# G/L# Proj.# G/L#Description One-Time On-Going Total CIP#: 01 2110 0 $ Project#: 01 2110 0 $ 01 2110 0 $ Is this for an Emergency? ❑ Yes ❑ No 01 2110 0 $ New Level of Service? ❑ Yes ❑ No 01 2110 0 $ 01 2110 0 $ Clerks Office Stamp 01 2110 0 $ 01 1 2110 0 1 1 $ 01 2110 0 1 $ 01 2110 0 $ 01 2110 0 $ 01 2110 0 $ 01 2110 0 $ Date of Council Approval 11-22-2022 Total Operating Expenditures $ - $ - S Capital Outlay Fund# Dept.# G/L# Proj.# G/L#Description Total Acknowledgement Date 01 2110 0 01 2110 0 01 2110 0 D rtment Director 01 2110 0 �L II .Z-ZZ I(�Z/yL 01 2110 0 01 2110 0 Chief Financial Officer Total Capital Outlay $ - q I I Revenue/Donations 1T Fund# Dept.# G/L# Proj.# G/L#Description Total Cc, � ison Ol 1 2110 34110 1 0 Court Revenue $ 36,051 01 1 2110 34110 1 0 ICourt Revenue $ 37,888 �4-- 11-2-22 Ol 1 2110 1 34110 1 0 Icourt Revenue $ 145,525 Mayor Total Revenue/Donations $ 219,464 Total Amendment Request $ (219,464) Total Amendment Cost-Lifetime City of Meridian FY2023 Budget Amendment Form C:\Users\tscoft\AppData\Local\Microsoft\Windows\INetCache\Content.Outl00k\Q6821PVR\FY2023 Budget Amendment Form-Opiod Settlement Funds 10/27/2022 6:62AM City of Meridian FY2023 Budget Amendment Form Prior Year(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Police Funding 2023 2024 2025 2026 2027 Title: Opiod Settlement Funding Revenue $ 50,485 $ 52,000 $ 53,560 $ 55,166 $ 8,253 Personnel $ - $ $ - $ - $ _ Insuructso is for Submitting Budget Amendments: Operating $ $ $ $ $ D Department will send Amendment with Ditecto,signature to Finance(Budge[Analyst)for redrew Capital $ - >Finance will send Amendment mC—cil unison to,signature Total $ $ $ $ $ $ ➢council Liaison will send signed Amendment to Mayor Total Estimated Project Cost: S >Mayor will send signed Amendmentto Finance(BudgetAnalyst) Evaluation Questions >Finance(Budget Analyst)will send appnt ed copy of Amendment to Department Please answer all Evaluation Questions using the financial data referenced above. >Department will add copy ofAmendmentto council Agenda using uovus Agenda Manager 1.Describe what is being requested? Spending authority of opiode funds receieved by the city to pay for the Anti-drug Coordinator position over the next 5 years. 2.Why was this budget request not submitted during the current fiscal year budget cle? The funds were received outside the normal budget cycle 3.What is the explanation for not submitting this budget request during the next fiscal year budget cycle? The amendment is needed to utilize the funds recieved in FY23 4.Describe the proposed method offunding? If funding is split between Funds(i.e.General,Enterprise,Grant),please include the percentage split. List the amounts and sources of anticipated additional revenue that will result from approval of this request. The Opiod Settlement Funds are funding this request. S.Does this request align with the Department/City's strategic plan?If not,please explain how this request was not included in the Department/City strategic plan? r Yes f6. Does this request require resources to be provided by other departments?If yes,please describe the necessary resources to be provided by other departments. �No - _.. - — - - ---- ---- - -- - 7.Does this Amendment include any needed Equipment or Software that will utilize the Ci 's network? Yes or No No �_ B.Is the amendment going to result in the disposal of an asset? Yes or No J No 9.Any additional comments Note:The Opiod Settlement funds were received on July 5th 2022 and 10/26/2022. Total Amendment Request $ (219,464) Every effort should be made to avoid reopening the budget for an amendment.Departments will need to provide backup and appear before the City Council to justify budget amendments. Budget amendments are intended for emergency or mandatory changes to the original balanced budget. Changes to the original balanced budget may cause a funding shortfall. City of Meridian FY2023 Budget Amendment Form C:\Users\tscott\AppDala\Local\Microsoft\Windows\INetCache\Content.Oullook\O6821PVR\FY2023 Budget Amendment Form-Opiod Settlement Funds E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Parks and Recreation Department: Parks and Recreation Cost Recovery Model Mayor Robert E. Simison v R,IZD I A N� City Council Members: Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault A H O Luke Cavener Liz Strader November 14, 2022 MEMORANDUM TO: Mayor Robert Simison & Councilmembers FROM: Steve Siddoway, Parks & Recreation Director RE: Parks & Recreation Cost Recovery Model Background Teresa Jackson with our consultant team,Berry Dunn,has presented twice previously to City Council an update and an overview of the process for developing our cost recovery model,including the pyramid methodology(i.e.rating our programs from mostly community benefit to mostly individual benefit). We've hosted two public workshops about cost recovery,where all parks&recreation programs were sorted by the public onto the benefits pyramid. Sorting sessions were also held with staff,reconciled together and presented to Council in June. Since that time,we have incorporated the Council's feedback,moved the Lakeview Golf Club to Tier 5 as requested, worked with Finance,and completed the cost recovery model. The model is in harmony with the existing cost recovery policy,also known as the User Fees and Charges Development Policy in Finance. Teresa Jackson will present(via Zoom)to Council on November 22 to provide the updated cost recovery pyramid model. Proposal We will provide an update of our process and seek Council's approval of the cost recovery pyramid. This will guide our department's fee development in the future. As noted above,we have ensured that the pyramid aligns with the current Finance policy. y - J •_' �:. �-� WE ARE Cost Recovery Model f,. C�WE IDIAN*-----.., y 'mays-.� PARKS ANR AEGREATI�N November 1 � E IDIAN�- __- ioaHa PARKS & RECREATION COST RECOVERY STUDY Agenda DRAFT Project Ov- - - Process Current • of - Recommendations 2022 Project Overview THE PYRAMID METH DOOLOGY FOR RESOURCEALLOCATION I COST RECOVERY FO R PUBLIC PARKS AND RECREATION OPERATIONL..E r_ MEOW Workshop Nl Workshop 92A Workshop#3 �*a"introduchaa S � Catugory snrling5055ion � Prefect Team meeting •tdBBt - l9r draining .Stair •Plls,ng lrammg •Oefgesrble and managencoot transparent decision- -Project Team meeting •Public .Establish targetsl making business toot •Learn about you and your • prep for sorting:essrdns goals for desired cost current operation •Identify partielpants recovery per tier level Cast FMARI y p011cy Workshop dt2B of the pyramid and Specific :•Or lenralian to war kshop Ideffetioae recommendations series •Schedule •Prol act Team meeling •pereloprecommenda- _4 ctarkpcallon at logistics •Table facilitators ..Oeuelop consensus [WAS and phasing and desired outeamas - pyramid •Flpalve derecl cost methodology DEVELOPMENT OF CATEGORIES OF SERVICE woN,,„d.•.•� Starts alter Strategic kkofl Work continues between workshops 5 To be completed before Workshop;#PA e-t—idm ",,d.1—FA a nee•.m 3 DEFINITION OF DIRECT&INDIRECT COSTS i APPLICATION METHOOOLOGY i FINALIZE CALCULATIUN OF CURRENT COST RECOVERY 2 Sial'�DIlc Sirs: Yv;huf''Train-:o„Tr:ues•}IN:n"cI:cnao:Te t•--om iilen 1 d ne'Gre NiorksIieD q'. S rrr+m,e Me noacl•yr for Re-..Alleu"IRnlc eel Recovery 5 Mostly The Process Individual Benefit 4 Considerable • Based on who benefits Individual Benefit • Basic level of service is free (supported by tax s revenues) Balanced Individual/Community Benefit • Fees are a responsible and necessary supplement 2 • The reater the individual Considerable g Community Benefit benefit the higher cost recovery rate Mostly Community Benefit 00 Community Outreach and Involvement ` Playground use, Unstructured use of a park space, playground,or frisbee in the park, pathways. biking on pathways AAfi An instructional session with one instructor and one Private Swim Lessons, - - student(private),or one instructor and a very small Basketball Lessons, 24 community number of other students(semi-private). Golf Lessons, or Tennis y Lessons members Youth Swim Lessons at Group swim lessons facilitated by one or more Meridian Pool instructors with students grouped by skill levels. Youth educational classes and programs that teach . Dance, Martial Arts, 36 hours of the fundamentals,skills or techniques of a particular • •• Art, Life Skills classes hobby, art form or sport. meaningful volunteer deliberation 5 Current Cost of Service ( [P) Direct Cost • 400 programs -specific, identifiable ' 41100 rentals expenses associated with • $6.8 million in expenses providing a service e $2•Jr million in revenue -Expense would not exist without the service Pyramid Meridian CostDepartment •- R Recommended ange Tier • ••s Cost Recovery T5 Full Cost Recovery 84% 100% 100% 100% T4 Majority Cost o 80% 99% 99% Recovery 92/o T3 Partial Cost 90% 50% 79°% 79% Recovery T2 Minimal Cost 52% 1% 49% 49% Recovery T1 No Cost Recovery 1% 0% 0% 0% Cost Recovery Tier Targets City of Meridian, User Fees and Charges Development Policy • Private or Semi-Private Lessons:N/A • Admission Based Rentals:N/A • Merchandise&Vending:N/A • Lakeview Golf Club:82% 5 `riE Q!f • Tenant Facility Lease:100%+ Mostly W E A R E Tier Aggregate:84% Individual Bet PARKS AND Tier Target:100% RECREATION • Shelter Rental:84% 4 • Concessions Leases:100%+ Considerable • Trips:73% Individual Benefit • Adult Recreation Classes&Programs:86% Tier Aggregate:92% • Youth Recreation Classes&Programs:97'Yo Tier Target:80-99% 3 . Swim lessons:N/A —J Balanced Individual/Community Benefit • City Sports Leagues&Tournaments:88% = Tier Aggregate:90% Tier Target:50-79% Mi 2 Considerable • Permitted Special Events:16% Community Benefit • Youth Camps:76% • Field Rentals: 39% r • Monitored Drop In Use:66% • Park&Pathway Use:0% Tier Aggregate:52% • Community Special Events:32% Tier Target:1-49% Mostly . Arts&Culture Programs:10% Community Benefit . Volunteer Oppurtunities:0% Tier Aggregate:0% Tier Target:0% Key Findings and Recommendations align its • Recovery practices • Seek approval of the proposed Meridian Cost Recovery Pyramid criteria provided by City Council as a fundamental component of the Cost Recovery the City of - • . philosophy. User Fees and Charges Development Policy There is an opportunity t• • Develop a marketing campaign to increase awareness, identifying increase awareness eligibility requirements, allowable uses, and individual and family of - Department's limits. scholarship pro• . Key Findings and Recommendations The challenge of I Further refine the expenses and investigate the feasibility of cost_ vel accounting activity _ at a Recreation Software system with a cost recovery module. requires Use the cost recovery model as a department-wide staff refinement training tool and incorporate specific recommendations into annual staff work plans as appropriate. 71 • Review the performance toward cost recovery goals on an Deliberate and annual basis. settingtimely fee Manage program lifecycles. Cancel, retool, and/or replace • adjusting underperforming services. necessary for - Review all fees for annual adjustments at the staff level and ustainable provide an update to City Council through the Fee Schedule update. Key Findings and Recommendations Best practice * Engage staff in budget development and managementdiscussion. Continue to partner with the tools will Finance Department on an annual staff further efforts training of the budget process. to " • Explore alternative funding sources that 'st recovery strategically align with the Department's and allow mission. systems to support • Continue to provide ongoing opportunities for orts community input. Any Questions? Teresa Jackson, AFO, CPO, I Senior Consultant • Parks I Recreation I Libraries t: 916.206.4390 1 berryclunn.com b') BerryDunn E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Discussion of Civic Block Time Extension Request MERIDIAN 104 E.Fairview Ave - d eve Lo m e nt corp. #239 Meridian,ID 83642 REVIVE • RENEW • REDEFINE 20 e www.meridiandevelopmntco7786 ntcorp.com October 31, 2022 Honorable Mayor Simison and Members of the City Council City of Meridian 33 East Broadway Avenue Meridian, ID 83642 RE: Civic Block Time Extension Request by River Caddis Dear Mayor Simison and Meridian City Council Members: At the October 26, 2022 Meridian Development Corporation board meeting,the board reviewed and discussed the one-year time extension request from River Caddis as related to the Civic Block project. Upon review and discussion of the request,the Meridian Development Corporation recommends engaging in the re-negotiation of components of the Memorandum of Agreement(MOA) and the purchase and sale agreements between MDC,River Caddis,and the City.This renegotiation should include consideration of a potential extension of up to one-year on aspects of the River Caddis MOA and the corresponding purchase and sale agreements with the following conditions: 1. The Hunter Lateral will be commenced and completed by River Caddis before the irrigation water comes back in the system in the upcoming spring of 2023. MDC and City are to approve the estimated cost. If the overall project does not ultimately move forward then the City and MDC will work out reimbursement for River Caddis of the associated costs for relocating the lateral. 2. The due diligence period in the purchase and sale agreements should be modified. Need to set a specific date and eliminate the extensions. The new proposed date for completion of the due diligence is June 30, 2023. 3. The one-year extension would apply to closing and commencement of work on the project. 4. River Caddis referenced potential modification of the proposed development. If River Caddis desires to make a significant change to the project,then MDC believes that the development project should be put back out for proposal. If the proposed changes are not significant then the proposed changes need to be presented and approved by a mutually agreeable date certain. S. The timeline to have a negotiated Owner Participation Agreement needs to be addressed and agreed upon. Please don't hesitate to reach out to our Administrator if you have any questions. Regards, Dave Winder, Chairman Meridian Development Corporation Attachments: Time Extension Request from River Caddis Proposed Revised Project Schedule from River Caddis Memo to the MDC Board of Commissioners Approved Civic Block Memorandum of Agreement Signed Purchase and Sale Agreement between MDC and River Caddis Signed Purchase and Sale Agreement between MDC and the City of Meridian www.rivercaddis.com RIV ERCADDIS DEVELOPMENT October 13, 2022 Ashley Squyres, Administrator Meridian Development Corporation 104 East Fairview Avenue, #239 Meridian, Idaho 83642 meridiandevelopmentcorp@gmail.com RE: City of Meridian Civic Block Project Extension Request for RFP Submittal Dear Ms. Squyres, We are writing this letter to request an extension to the Memorandum of Agreement between River Caddis Development, the Meridian Development Corporation, and the City of Meridian (the "MOW), due to a multitude of factors out of our control. This letter will explain what we have done, what we have found, why we need an extension, and how we plan to proceed. WHAT we have done and WHAT we have found: After the RFP was released in 2021 and awarded early 2022, we set out to negotiate with both Meridian Development Corporation ("MDC") and the City of Meridian ("CITY") on legal terms memorializing our development plans in accordance with standards set forth in our presentations and the long-and short-term objectives of all parties. In a parallel path, we engaged the community and its stakeholders — seeking to understand concerns and integrating them into a feasible and exciting development. During this time, our delivery partners ran several estimated budgets and analyzed the capital markets to confirm we were still on path to a financially feasible project. Once we had negotiated these terms, heard the public, and integrated these concerns into our development, we memorialized terms into contracts to eventually acquire the municipally owned land. As soon as these contracts were executed, River Caddis Development, ("RCD") and its delivery partners immediately engaged subcontractors previously used in a project completed in Ada County at the end of 2021. When the preliminary numbers came in, which were astonishingly greater than expected, we had to re-run the numbers with other partners, including local, to confirm their findings, taking more time. We set a holistic meeting with all of our partners to discuss the findings and discuss the increase of estimated budget. To our shock and dismay, we learned that the current state of the construction market in the nation is especially compounded in the Valley. A project, in comparable size and scope, completed less than two years prior had increased in cost +77%. While this was a shock, we swiftly engaged in a forensic audit of these costs to better understand the reasoning behind this astonishing escalation in budgetary numbers. RCD and its delivery partners were intentionally assembled and designed to leverage our national experience and wherewithal in the construction and design market. Our forensic audit in construction index of Ada County against other Counties across the United States demonstrated an abnormality in geographical construction costs. Ada 1038 Trowbridge Road O Office:517703-2107 �� Email:jmcgraw@rivercaddis.com 3467269 East Lansing,MI Mobile:517 420-7393 Web:www.rivercaddis.com 34886958.2 www.rivercaddis.com RIV ERCADDIS DEVELOPMENT County is simply tracking way above where it typically would against other markets. Not only has the construction market costs, and supply chain been affected on a local stage, but interest rates have significantly increased nationally, substantially decreasing values across all commercial real estate. RCD has continued to expend resources in attempts to identify a solution for this unusual situation. We have continued to engage consultants (Architects and Engineers, Construction Management, Designers, Legal) as well as expend travel and other costs in the continued pursuit of the Civic Block development. We have done everything we have said we were going to do but have been faced with challenges we could not have anticipated. Once we were enlightened to these findings, we immediately contacted the MDC and CITY to make known of our findings and look for a common solution. WHY do we need this extension: RCD is requesting to amend the MOA to provide for a 12 month of the term to allow time to find a solution to developing our proposed project, or a like project both MDC and CITY will approve and be proud of. We KNOW this is not a RCD issue, and any developer will be faced with these same issues. We also strongly believe that RCD was chosen as a development partner to the CITY as they were best suited to bring a transformational project to downtown Meridian. We would like the time to collaborate with the stakeholders over this extension to pursue a development that reflects the objectives and current market capabilities. We are invested in the City, County, and this project; and would appreciate the opportunity to pursue this partnership whether it be with our proposed project or something smaller in scale. HOW we plan to proceed: a. RCD will continue to forensically analyze the areas of our budget that are in excess and unlock solutions; b. RCD will look for other subcontractors within the Treasure Valley Market as well as from outside markets to continue to close the gap; c. We would like to engage the development committee or a created entity to walk through solutions or potential changes to the design and scope of the development; d. We would like to engage same committee on other solutions to integrate or trade out with other amenities; e. Entire mission is to design and facilitate a desired development outcome short and long term; and f. We will cooperate with the CITY and MDC on the Hunter Lateral efforts in attempts to get this part of the project moving forward. RECAP In light of the foregoing, we are graciously requesting an extension of 12 months (as further described in the attached Estimated Project Schedule) to the MOA and PSA. We are grateful for the continued support and partnership of both MDC and the CITY and appreciate the consideration of this letter's 1038 Trowbridge Road O Office:517 703-2107 Email:jmcgraw@rivercaddis.com 3467269 East Lansing,MI Mobile:517 420-7393 Web:www.rivercaddis.com 34886958.2 www.rivercaddis.com RIV ERCADDIS DEVELOPMENT intent. As stated in the past, we would be truly grateful for the opportunity to make a significant investment that will shape the future of the community for years to come. Sincerely, RIVER CADDIS DEVELOPMENT, LLC 0 It John McGraw Director of Development 1038 Trowbridge Road O Office:517 703-2107 Email:jmcgraw@rivercaddis.com 3467269 East Lansing,MI Mobile:517 420-7393 Web:www.rivercaddis.com 34886958.2 h Report Date: OPUS' Meridian Civic Block Mixed Use 12/1/2022 THE OPUS GROUP Line Unique Task ID Name r1 11 l Duration Stan 1� Finish I ' I II I11 ipiEnn"thirle° m°e'ntIs i Elm III I III III III III I redecessors 2 0030 Contract Extension 194d 12112022 9152023 MC.act extaion 3 0040 Easements,Platting,Financing 65d 1122024 41112024 0030 I I I I _asements,NRnandng Land Ching 0050 land Closing id 41112024 41112024 0040 FF 6 0060 City of Meddian Site Approval 64d 2152024 CRY AmeId un she ApprovaI 7 0070 Building Permit 22d 41112024 4130/2024 pem P Pr 11 1 I Deign 9 0080 Design Development 82d 92 112024 III III III III Design Developmert 10 0090 Cootnstruction DocumentslPermit 65d 1122024 4/112024 0080 Canshutiian Daumer�tslpermh5et' 110100 Final Working 64dI I I I I Final wrY'ng Dmw ngs 11 I24 811/2024 13 0110 Demolition and Site Prep 31d 51312024 61172024 I I I I I I _Demoritioo and Site prep 14 0130 Grading and Ste Utilities 33d 61172024 81ffi024 0110 I I I I I I _Grading and Site 01tia, IF 1 11 . I I I I I I I Ramp ana CnmmunM @ntx Can 16 0140 Footings/Foundations 41d 8152024 10112024 0130 FoodroFaandetions 17 0150 Concrete Podium and Ramp 149d 101 O24 502025 0140 Concrete Podmm and Ramp. 18 0160 Core and Shell Buildout 106d 5/512025 10IM025 0150 Cite and shell Buildwt 19 0170 Shell Substantial Completion Old 101312025 101312025 0160 Shdl&-ntialCmrplermn 20 0180 Community Center Build Out 129d 111412025 1 5/612026 1 Qxroarrij Carter Build Out 21 0190 Comm unity Center Od 5172026 51712026 0180 Community Cemer0aupengl Occupancy1Opening I I I I I I I I I I I I I I I I 1191 Apart ant Construction 276d 515120251 . I I I I I I I I I IIF Apzmnemmnamaionj 23 0200 Wood Framing 126d 51512025 10/3012025 0160SS I I I I I I I I I I —Wood Framing ]260230 0210 L rBuild Out 128d 1013112025 51112026 02DO —Interor B Ot cup 0220 tions and Close Out 21d 54 61112026 0210 ■Inbs d 11-ou Occupancy/Completion 1d 61212026 6/212026 0220 I I I I I I I I I I I I I I ocapancytc pletim l Milestone Appearances [] Diamond Irint Date: 10/13/2022 Page: 1 of 1 MERIDIAN 104 E.Fairview Ave - d eve Lo m e nt corp. #239 Meridian,ID 83642 REVIVE • RENEW • REDEFINE 20 e www.meridiandevelopmntco7786 ntcorp.com To: MDC Board Members From:Ashley Squyres,Administrator RE: Civic Block Time Extension Request Date: October 20,2022 Background: After two and a half months of uncertainty with the status of the Civic Block project,and given the looming end-of-the-year deadlines per the Civic Block Memorandum of Agreement(MOA), MDC leadership requested a formal status update from the River Caddis team as it pertains to the status of the project. On Friday,October 14th, River Caddis submitted the attached letter to MDC requesting a project time extension of one year.The reasoning for the request is due to a variety of factors including current market conditions and escalating construction costs. MDC leadership and City leadership met to review the letter and to discuss next steps.The sentiment was of some disappointment as there was no real project progress or new information since the meeting with the developer in mid-August,only the continued request for a time extension. In discussions with leadership,the sentiment was strong that if a time extension were to be granted,there needed to be a commitment by the developer to move forward with the Hunter Lateral portion of the project. The proposed process to evaluate the River Caddis request is thus: • On October 26th,MDC will review the request and provide a formal recommendation action to the City Council.This recommendation will be considered at a future public meeting. • If the City Council agrees with the recommendation,then the appropriate next steps will be taken depending on the outcome.For example,if approval of the time extension is granted,then the MOA and the Purchase and Sale Agreements (PSAs)will need to be updated accordingly.If the decision is to deny the time extension,it will be up to the developer as to whether or not they choose to meet the conditions of approval outlined in the MOA and PSAs by the specified timeframes or if they forego moving forward with the project. • If the City Council does not agree with the recommendation and the two agencies cannot come to an agreement as to whether or not a time extension should be granted,the original dates as outlined in the MOA and PSAs are still in effect. Options for the Board's Consideration: Option A:Approve the time extension with no stipulations and recommend this option to the Meridian City Council for their consideration. Option B: Deny the time extension and recommend this option to the Meridian City Council for their consideration. Option C:Approve the time extension with conditions of approval and recommend this option to the Meridian City Council for their consideration. For example, a condition could be tied to the construction of the Hunter Lateral,by the River Caddis development team, during the winter/spring of 2022-2023. MEMORANDUM OF AGREEMENT CIVIC BLOCK DEVELOPMENT PROPOSAL This MEMORANDUM OF AGREEMENT ("Agreement") is made this12th day of April , 2022 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Meridian Development Corporation, an urban renewal agency organized under the laws of the State of Idaho ("MDC") and Meridian Caddis, LLC, a Michigan limited liability company registered to do business in Idaho ("Respondent"). The foregoing may be collectively referred to as"Parties" or individually as a "Party." WHEREAS, MDC in cooperation with the City issued a Request for Proposals ("RFP") seeking proposals from interested parties for the development or redevelopment of the Civic Block property (the "Project")containing parcels owned by the City and MDC; WHEREAS, River Caddis Development, LLC, a Michigan limited liability company (the "Original Respondent") submitted one of three proposals received and was selected by MDC and the City subject to certain contingencies; WHEREAS, Respondent is wholly owned by Original Respondent or its principals and was formed by Original Respondent for purposes of entering into this Agreement and the Definitive Agreements (as defined in Article 2,below) and pursuing the Project; WHEREAS, the Parties desire to describe the process necessary for the Respondent's proposal to move forward; 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. MDC and the City's acceptance of the Original Respondent's proposal was conditioned upon the attached list of contingencies which includes RFP and RFP addendum content, the Original Respondent's proposal and presentations, as well as conditions discussed at MDC and City joint public meetings where Original Respondent was present (See Exhibit A attached hereto and incorporated by reference herein). The Parties acknowledge and agree to these contingencies and that they will be incorporated into the Definitive Agreements or survive the execution of the Definitive Agreements, as applicable. 2. The Respondent agrees that its Proposal will remain valid until the completion of negotiations and possible execution of (i) a purchase and sale agreement for the City property between the City, as seller, and MDC, as purchaser(the "City/MDC Purchase Agreement"); (ii)a purchase and sale agreement between MDC as seller, and Respondent,as purchaser, for the MDC property and the City property (the MDC/Respondent Purchase Agreement"); and (iii) an owner participation agreement for the entire Project property between MDC and Respondent, as developer(the "OPA") (all of the aforementioned agreements in this paragraph are collectively referred to as the "Definitive Agreements"). The Parties acknowledge that the sale of the City property to MDC is subject to a public process and is a necessary component of the Definitive Agreements. The Parties acknowledge that the City cannot guarantee an outcome and/or commit to transfer of the city MEMORANDUM OF AGREEMENT 2022 RFP Civic BLOCK PROJECT PAGE 1 OF 8 42358753.10 property to MDC in advance of that public process. 3. This Agreement is governed by the laws of the State of Idaho, constitutes the entire understanding between the Parties and may not be modified except by written consent of all the Parties. The Parties agree to participate in the negotiation of the Definitive Agreements in good faith. This Agreement will automatically terminate if the Definitive Agreements acceptable to all parties are not executed by City, MDC and Respondent as applicable on or before 5:00 pm on December 31, 2022 (the "Negotiation Period Expiration Date"). If this Agreement is in effect, then between the Effective Date and the Negotiation Period Expiration Date, City and MDC shall deal exclusively with the Respondent in connection with the Project and shall not negotiate, discuss or enter into any purchase agreement, owner participation agreement or similar agreement with respect to the Project or the Project property as referenced above with any other party. The Parties may extend the Negotiation Period Expiration Date by mutual written amendment to this Agreement. Upon the execution of the Definitive Agreements by the Parties, this Agreement shall be of no further force or effect, except for those obligations set forth herein that expressly survive the execution of the Definitive Agreements. 4. Either Party may terminate this Agreement upon thirty(30) days written notice of default regarding the tends and conditions of this Agreement or for lack of substantial progress in the negotiations of the Definitive Agreements. If the defaulting Party cures the default or lack of substantial progress within the thirty(30) day period described in the notice, then the notice shall be deemed withdrawn and this Agreement will remain in effect. Any notices, demands or requests required or permitted to be given hereunder must be in writing and shall be deemed to be given (i) when hand delivered; or(ii) one (1) business day after delivery to FedEx or similar overnight service for next business day delivery; or(iii)three (3)business days after deposit in the U.S. mail first class postage prepaid; or(iv)when sent by facsimile or electronic(pdf)transmission during normal business hours (i.e., 8:00 a.m. to 6:00 p.m.,Monday through Friday), if such transmission is immediately followed by any of the other methods for giving notice. For communication purposes the contact information for the Parties is as follows: Ashley Squyres Meridian Development Corporation 104 E.Fairview#239 Meridian,1D 83642 208-830-7786 Email:_meridiandevelopmentcorp@gmail.com John McGraw Director of Development River Cadis Development,LLC 1038 Trowbridge Road East Lansing,Michigan 48823 Email:jmcgraw@rivercaddis.com Bruce Freckleton City of Meridian 33 E.Broadway Ave Meridian,ID 83642 Email: bfreckleton@meridiancity.org [SIGNATURES ON FOLLOWING PAGE] MEMORANDUM OF AGREEMENT 2022 RFP Civic BLOCK PROJECT 42358753.10 PAGE 2 OF 8 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective as of the date first noted above. MERI AN DEVELOPMENT CORPORATION: By: Dave Winder, Chairman Attest: S ve Vlassek, Secretary CITY OF MERIDIAN: C 4 -I (gL(� 3`A rA'('*�` �`l SFAI. Robert E. Sim son, Mayor 4-12-2022 Attest: Chri Johnso ,'� - Clerk 4-12-2022 MERIDIAN CADDIS,LLC �1ie' By: Kevin T. McGraw, 4-15-22 MEMORANDUM OF AGREEMENT 2022 RFP Civic BLOCK PROJECT PAGE 3 OF 8 42358753.10 Item#6. EXHIBIT A Civic Block Project Development Contingencies MDC and the City recommend approval of the Respondent's proposal with the contingencies cited below, which will be incorporated into the Definitive Agreements as applicable. It is important to note that the OPA will place all of the risk on the Respondent as to whether the tax increment generated by the Project will be sufficient to cover the reimbursable costs of the Project and corresponding improvements. If the required contingencies are not met, the Project will not move forward, and the City and MDC will not have expended any funds. • The final Project must address the Guiding Principles and Basis for Selection criteria outlined in the RFP and incorporated herein by this reference. To the extent that the list set forth below contains additional requirements beyond what is specified in the RFP,the more specific requirements shall prevail. Specifically: a. Preferred projects should feature a mixed-use development with active street level uses that will bring visitors to the area, service downtown residents and workers, and contribute to the vitality of Downtown Meridian. b. The Project should "substantially conform with the vision, goals, and objectives of Destination Downtown, the Meridian Revitalization and Union District Plans, and the Comprehensive Plan for the City of Meridian." c. Economic benefits include...broadening and enhancing the economic base of the downtown, stimulating new growth and other private development and investment,tax revenue generated, increased property values, long term economic opportunities, employment and job creation, and attraction of visitors and residents to support downtown businesses. d. Preferred projects will include outdoor spaces that encourage public gathering. e. Respondent timelines and cost breakdowns should include all visioning, community outreach and engagement, design, Ada County Highway District ("ACHD") approvals, and construction for East 2nd Street improvements." Preferred projects are "encouraged to capitalize on"the enhanced streetscapes and pedestrian-friendly downtown corridor on East 2°d Street"and create pedestrian connections to the proposed project. f. Regarding the public alley vacation, the proposed project must include one-way vehicular access from East 2nd Street. Respondent will obtain the approval for the location of the one- way vehicular access from the adjoining landowners (unBound and COMPASSNRT). MEMORANDUM OF AGREEMENT 2022 RFP Civic BLOCK PROJECT PAGE 4 OF 8 42358753.10 Page 58 Item#6. g. Prior to the execution of the Definitive Agreements, Respondent shall provide City and MDC representatives with an opportunity to meet with Respondent's proposed financing provider to discuss and verify the Respondent's financial ability and financing plan to complete the project in a timely manner and verify the liquidity and net worth of the guarantor entity. • Respondent should begin stakeholder outreach and engagement as soon as practical. Public notification should include all property owners,residents, and businesses within 500 feet of the Project site. A minimum of three public meetings are expected. • Prior to City's execution of the City/MDC Purchase Agreement, City must be satisfied with the Project elements,including but not limited to the mix of uses on the site, number of parking spaces dedicated to the Project and to the public,public gathering spaces, general site plan and renderings showing height and mass of the Project, and the Festival Street. The above information will be included in the OPA as attachments describing the Project and the OPA will state that any substantial change to these items will require the approval of MDC. The OPA will also require that the Respondent consult with the City prior to requesting any substantial changes to the above attachments and that MDC will consider the input from the City in regard to the proposed substantial changes. • To ensure that the Respondent actually closes on the Property in accordance with the terms of this Agreement and the MDC/Respondent Purchase Agreement, the City shall not be required to close under the City/MDC Purchase Agreement until the MDC shall have entered into the MDC/Respondent Purchase Agreement in accordance with the terms hereof and the Respondent shall have satisfied or waived all of its contingencies and conditions to closing thereunder. • Due to the substantial costs that Respondent will incur in connection with the negotiation of the Definitive Agreements, due diligence investigations of the Project site and the design,planning,financing and obtaining approvals for the Project, including without limitation the planning and approvals required in connection with the relocation of the Hunter Lateral (as discussed below) (collectively,the "Pre-Closing Expenses"), it is agreed by City and MDC that (i) the City/MDC Purchase Agreement, after execution by such parties, shall not be terminable by either the City or MDC for any reason other than the Financing Condition(as defined herein), or a default by Respondent under the MDC/Respondent Purchase Agreement beyond all applicable notice and cure periods set forth therein; and(ii) Respondent shall be named as an express and intended third-party beneficiary of the City/MDC Purchase Agreement, such that if the City fails to close the transaction contemplated by the City/MDC Purchase Agreement, Respondent shall be permitted to either seek the remedy of specific performance to ensure that both the City and MDC perform their respective obligations under the City/MDC Purchase Agreement or Respondent shall be permitted to seek damages against the City equal to Respondent's Pre-Closing Expenses. The MDC/Respondent MEMORANDUM OF AGREEMENT 2022 RFP CIVIC BLOCK PROJECT PAGE 5 OF 8 42358753.10 Page 59 Item#6. Purchase Agreement shall also permit Respondent the remedy of specific perforniance to ensure that the MDC performs its obligations under the MDC/Respondent Purchase Agreement and to recover its Pre-Closing Expenses from MDC in the event of a default by MDC under either the MDC/Respondent Purchase Agreement or the City/MDC Purchase Agreement. • The MDC/Respondent Purchase Agreement shall contain the following contingencies benefiting Respondent: (a) all site conditions, including without limitation, soils, geotechnical and environmental conditions shall be acceptable to Respondent; (b)all matters of title and survey shall be acceptable to Respondent; (c) Respondent shall have determined that the Project is economically feasible in Respondent's sole discretion, including without limitation the costs associated with the relocation of the Hunter Lateral and Respondent's ability to recover such costs under the OPA; (d) Respondent shall have received such approvals as are deemed by Respondent as necessary for the development and construction of the Project; (e) Respondent shall have obtained financing commitments and such other incentives as are deemed necessary for the Project by Respondent, all of which shall be on terms and conditions that are acceptable to Respondent; and (f) MDC shall have acquired the City property from the City pursuant to the terms of the City/MDC Purchase Agreement. Other than the Respondent's costs and expenses incurred in connection with the potential relocation of the Hunter Lateral, which shall include without limitation the cost of all investigations, feasibility studies,plans,applications and approvals procured or prepared by Respondent in connection with such relocation (the "Lateral Relocation Expenses"),which shall be reimbursed by the City as provided in this MOA, if the Respondent decides not to proceed with the Project based upon the foregoing contingencies, then the Respondent shall bear all of its costs,expenses and fees related to the Project and MDC shall have no obligation to reimburse Respondent in any manner. The Respondent/MDC Purchase Agreement shall also provide that if Respondent waives all contingencies and thereafter defaults in its obligation to purchase the Property (after all applicable notice and cure periods as may be set forth in the Respondent/MDC Purchase Agreement), then MDC may terminate the Respondent/MDC Purchase Agreement and recover from Respondent all of MDC's actual, out of pocket attorney fees associated with the transactions contemplated hereunder. • If the Definitive Agreements are entered into in accordance with the terms of this Agreement and the Respondent thereafter incurs Lateral Relocation Expenses but does not ultimately proceed with the Project for any reason other than the Respondent's default under a Definitive Agreement(including without limitation a failure of a contingency under the MDC/Respondent Purchase Agreement or a failure to perform by the City or MDC under the City/MDC Purchase Agreement or the MDC/Respondent Purchase Agreement), then the City shall be responsible for, and hereby agrees to reimburse the Respondent on demand for, all of the Lateral Relocation Expenses incurred by Respondent. Following such reimbursement, MEMORANDUM OF AGREEMENT 2022 RFP Civic BLOCK PROJECT PAGE 6 OF 8 42358753.10 Page 60 Item#6. Respondent shall turn over to the City all plans, studies, applications and other work product procured or prepared by Respondent in connection with the Lateral Relocation Expenses. The City's obligation under this paragraph shall be binding on the City and survive the execution of the Definitive Agreements and any subsequent termination of the Definitive Agreements. • The Purchase Price payable by Respondent for the entire Project property (including both the City property and the MDC property) under the MDC/Respondent Purchase Agreement shall be equal to the current fair market value of the City property, as determined by a licensed,MAI real estate appraiser reasonably acceptable to the City, MDC and Respondent. Specifically, the appraiser shall take into account the current location of the Hunter Lateral on the City property in determining the City property's fair market value. After Closing, it will become necessary to relocate the Hunter Lateral in order to develop and construct the Project. If Respondent proceeds to closing under the MDC/Respondent Purchase Agreement, Respondent will assume responsibility f'or relocation of the Hunter Lateral from design through construction and acceptance of improvements by Nampa Meridian Irrigation District and ACHD.Actual, audited costs are eligible for TIF reimbursement with the details to set forth in the final OPA. MDC and the City will continue current efforts to coordinate such relocation with relevant entities prior to finalizing the Definitive Agreements. • The MDC/Respondent Purchase Agreement shall also require, as the sole condition to MDC's obligation to perform thereunder, that Respondent provide to MDC,prior to closing, the following: (a) a financing commitment from an established financial institution in order to demonstrate that Respondent has the financial ability and viable plan to complete the Project in a timely manner; and (b) copies of loan documentation between Respondent and its lender that set forth an affirmative obligation for Respondent to substantially complete the Project within a definitive construction schedule (but in no event shall Respondent be required to share its construction budget, operating proforma or other financial documentation) (collectively, the "Financing Condition") • The final Project must include funded, adequate parking. Any off-site parking must be at a specified, approved, alternate location before the Subject Property will be transferred for development. The Parties may negotiate additional public parking. • Respondent shall cover all Project design costs, up to and including without limitation construction documents, f'or all buildings, site improvements, parking, and required public infrastructure improvements. • Audited, verified costs of reimbursable public improvements would be eligible for tax increment financing("TIF") reimbursement, with the details to be set forth in the final OPA. • Project funding f'or reimbursable public improvements will be based on a TIF perfbrnance-based reimbursement model. Reimbursement will be made upon successful completion of the Project and reimbursable public MEMORANDUM OF AGREEMENT 2022 RFP CIVIC BLOCK PROJECT PAGE 7 OF 8 42358753.10 Page 61 Item#6. improvements and only from an agreed upon portion of the tax increment dollars received by MDC from the subject property. • Respondent agrees that its proposal will remain valid for sufficient time to allow for entitlement approvals and execution of the Definitive Agreements. • The OPA shall contain liquidated damages provisions whereby if Respondent fails to construct the Project in accordance with the requirements of the OPA, subject to force majeure and applicable notice and cure periods set forth therein,MDC shall be permitted to recover from Respondent liquidated damages for Respondent's failure to perform. The liquidated damages recoverable by MDC shall be equal to $25,000/month ($835.00/day) for each delay day as to key milestone dates for the commencement and completion of the Project(which shall be more particularly set forth in the OPA); provided, however,the cumulative liquidated damages payable by Respondent under the OPA shall in no event exceed the Purchase Price paid by Respondent for the Property. The OPA will provide that these liquidated damages are to be waived by MDC in the event that Respondent has shown to MDC's reasonable satisfaction that it has made good faith progress toward achieving such key milestone dates for the commencement and completion of the Project and/or if any such delays were for reasons beyond the reasonable control of Respondent. In no event shall any type of liquidated damages exceed the fair market value of the MDC property. MEMORANDUM OF AGREEMENT 2022 RFP Ovic BLOCK PROJECT PAGE 8 OF 8 42358753.10 Page 62 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (this "Agreement"), is made and entered into effective as of the 20th day of July, 2022 (the "Effective Date"), by and between Meridian Caddis, LLC, a Michigan limited liability company(the"Purchaser"),and the Meridian Development Corporation,an urban renewal agency organized under the laws of the State of Idaho("Seller"). Purchaser and Seller may also be referred to individually and collectively as "Party"and"Parties"herein. RECITALS: WHEREAS, the City of Meridian and the Seller selected a proposal to redevelop portions of downtown Meridian, commonly known as the Civic Block property (the "Project"), including approximately one-point-two (1.2) acres located at 201, 223, 231 and 237 East Idaho Ave, and 226, 234, and 242 East Broadway Ave,City of Meridian,State of Idaho,being more particularly described on Exhibit A attached hereto and incorporated by reference herein, and which shall be further and more particularly described by the Survey(defined herein) (the"Real Estate"); WHEREAS,the Seller has acquired a portion of the Real Estate from the City of Meridian pursuant to that certain Real Estate Purchase Agreement between the City of Meridian and Seller relating to the Real Estate (the"City/MDC Purchase Agreement"), and, independent from that certain acquisition under the City/MDC Purchase Agreement, Seller owned, and continues to own, all additional portions of the Real Estate described above; WHEREAS, Seller desires to sell the Real Estate and all improvements, if any, located thereon to Purchaser for the purposes in furtherance of the Project and Seller's mission to stimulate redevelopment and expand the City of Meridian's downtown into a thriving area that provides opportunities in which to live,work and play; and WHEREAS, the Purchaser desires to purchase the Real Estate and all improvements, if any, located thereon in furtherance of the Project. NOW,THEREFORE,in consideration of the promises,covenants,representations and warranties set forth in this Agreement, and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged,Purchaser and Seller agree as set forth below. AGREEMENT: IN CONSIDERATION of the mutual covenants and agreements herein contained and of the benefits to be derived herefrom,receipt whereof is hereby acknowledged,Seller and Purchaser hereby agree as follows: 1. Offer. Purchaser hereby offers and agrees to purchase the Real Estate, together with the improvements thereon and all right,title,and interest of Seller in and to: (a)any land lying in or under any body of water or the bed of any street or road, open or proposed, adjacent to such tract; (b) all easements appurtenant to the foregoing tract; (c)all oil,gas,sulphur and other minerals(whether similar or dissimilar) in, on, under and that may be produced from such tract; (d) all strips or gores, if any, between such tract and adjoining properties; and(e) all other rights,privileges and appurtenances in any way related to or for the benefit of the foregoing tract(collectively,the"Property"). 42292168.4 2. Acceptance. Seller hereby accepts the said offer of the Purchaser. Such offer and acceptance are subject to and in accordance with the terms and conditions hereinafter set forth. 3. Purchase Price. The purchase price for the Property is Three Hundred Thirty-Five Thousand and 00/100 Dollars ($335,000) (the "Purchase Price"). The Purchase Price shall be paid as follows: A. Deposit. Within ten (10) business days after the Effective Date, Purchaser shall deposit in escrow with First American Title and Escrow Company,whose address is 2150 S. Bonito Way, Suite 100, Meridian, ID 83642, Attn: Ruth Rubel ("Escrow Agent"), an earnest money deposit in the amount of Thirty Thousand and 00/100 Dollars ($30,000.00) (the "Deposit"), which shall become non- refundable if Purchaser fails to terminate this Agreement prior to the expiration of the Due Diligence Period in accordance with Section 7.B(iii) hereof. The Deposit shall be invested by Escrow Agent in an interest bearing account as Purchaser shall direct,so long as it is deposited in an account of a federally insured bank or savings and loan association. All interest accruing on the Deposit shall be paid to Purchaser. If the sale of the Property is consummated pursuant to the terms of this Agreement,the Deposit shall be paid to Seller and applied to the payment of the Purchase Price,or it shall be returned to Purchaser,at Purchaser's election. B. Balance. The balance of the Purchase Price or the Purchase Price, as applicable, shall be paid,plus or minus closing prorations and adjustments as contemplated herein, in wire transferred funds to Seller at Closing(as defined herein). 4. Evidence of Title. A. Title Commitment. As evidence of title, Seller shall obtain and provide to Purchaser within ten(10)days of the Effective Date,a Commitment for an ALTA Standard Owner's policy of title insurance for the Property in the amount of the total Purchase Price (the "Commitment"), which Commitment shall be issued by Escrow Agent with First American Title Insurance Company as the underwriter under the policy to be issued("Title Company"),the same to bear an effective date later than the date hereof,wherein the Title Company shall agree to insure the title in the condition required hereunder and as marketable title subject only to those encumbrances to which Purchaser has not objected or if objected to which Purchaser has waived in writing. Seller shall, at the time of Closing, cause the Title Company to issue to Purchaser an owner's policy of title insurance pursuant to said Commitment(the"Title Policy"). The Title Policy shall include a tax parcel endorsement insuring that the Property is its own separate tax parcel(s)and such other endorsements as Purchaser may request. The cost of the Commitment and Title Policy excluding all endorsements thereto shall be paid for by Seller. The cost of the aforementioned endorsements required by the Purchaser shall be paid by the Purchaser. The Title Policy to be issued to Purchaser at Closing shall be free of all mechanic's lien exceptions, and Seller shall be responsible for taking such actions as may be required including,without limitation,providing an indemnity to the Title Company to insure that the Title Policy is issued without any mechanic's lien exceptions. B. Survey. Purchaser may obtain a current ALTA land title survey of the Real Estate (the "Updated Survey"), at Purchaser's sole expense. If the Survey or Updated Survey disclose any deviation in the legal description for the Property with what is shown by the Commitment,the Commitment shall be revised to include the surveyed description of the Property as an additional insured parcel and such surveyed description shall be included, along with the historical description, in the warranty deed to be delivered to Purchaser at Closing. C. Objections. Purchaser shall give Seller written notice on or before the expiration of the Due Diligence Period (as defined herein), of any condition of title as set forth in the Commitment and/or matters disclosed by the Survey or Updated Survey that is not satisfactory to Purchaser in Purchaser's 2 sole discretion (the "Title Review Period"). Any title exceptions which are set forth in the Commitment and/or matters disclosed by the Survey or Updated Survey to which Purchaser does not object within the Title Review Period shall be deemed to be permitted exceptions to the status of Seller's title(the"Permitted Exceptions"). With regard to items to which Purchaser does object("Objections")within the Title Review Period, Seller shall provide Purchaser with notice of Seller's election to either cure or not cure the Objections within ten (10) days after the receipt of Purchaser's Objections (the "Seller's Response Period"). If Seller fails to provide a written response electing to cure or not cure any of Purchaser's Objections prior to the expiration of the Seller's Response Period, Seller shall be deemed to have elected to cure all such Objections. As to any Objections that Seller elects to cure or is deemed to have elected to cure, Seller shall use its best efforts to cure the Objections on or before the Closing Date(as defined herein). In the event that Seller elects not to cure some or all Objections, then Purchaser may either(i) cancel this Agreement and recover the Deposit; or(ii)proceed to close this sale subject to such Objections which will be deemed waived by Purchaser and considered Permitted Exceptions. In the event that Seller elects or is deemed to have elected to cure any Objections but Seller fails or is unable to cure any such objections on or before the Closing Date, then Purchaser may, in its sole and absolute discretion elect to: (i) terminate this Agreement and recover the Deposit and any expenses permitted under Section 16.13 of this Agreement; (ii)waive such Objections and proceed to Closing; or(iii)cure such Objections on its own accord in which case any amounts expended therefor shall be credited against the Purchase Price payable by Purchaser. Notwithstanding the foregoing, Seller shall cure or satisfy all objections which are liens, judgments and assessments on the Property and remove from the public records any mortgage, security interest or other monetary encumbrance affecting or encumbering the Property and which can be satisfied by monetary payment otherwise at or prior to Closing, and failing the same, Purchaser shall be entitled to pay for and release such items and any amounts expended therefor shall be credited against the Purchase Price. In addition, with respect to any exception(s) first appearing on the Commitment and/or Survey or any update thereto after the effective date of the Commitment and/or Survey delivered to Purchaser pursuant to this Section, such as additional exception(s), shall not be deemed to be a"Permitted Exception"hereunder unless and until Purchaser has reviewed same and approved same in writing. Seller shall remove all encumbrances that are placed on the Property by Seller after the Effective Date. 5. Possession. Exclusive possession of the Property shall be delivered to Purchaser at the time of Closing. 6. Representations,Warranties and Covenants. A. Seller: Seller represents and warrants unto Purchaser, as of the date hereof and as of the date of Closing, as follows: (i) If the purchase and sale of the portion of the Property owned by the City transfers that city owned portion of the Property to Seller,then Seller, as to its portion of the Property, has and,as to the entire Property,will convey good and indefeasible market title to the Property,free and clear of any liens or encumbrances except for the Permitted Exceptions. Seller has full right, power and authority to enter into this Agreement and to consummate the sale contemplated hereby without the joinder of any other person,and the party(ies)signing on behalf of Seller has been duly authorized to sign on behalf of Seller. The execution of this Agreement has been duly authorized and no other action, consent, or approval of Seller or any other person or entity is necessary. This Agreement has been duly executed and delivered by Seller, and this Agreement is a valid and binding obligation of Seller,enforceable against it in accordance with its terms. (ii) To the best of Seller's knowledge,Seller has not received notice of claims, lawsuits,condemnation proceedings,administrative proceedings or environmental investigations which are 3 either pending or threatened affecting the Property or Seller's ability to convey the same and has not received any notices of special assessments, charges or other obligations affecting the Property. (iii) Except as disclosed to Purchaser in writing or acknowledged herein, there are no parties in possession of any portion of the Property as lessees, licensees or tenants at sufferance and there are no other occupancy agreements or other contracts,written or oral, express or implied,with respect to the Property. Seller and Purchaser acknowledge that a portion of the Real Estate, including improvements, is currently used by the City of Meridian in the ordinary course of its business, and that such use will continue until Closing and shall not constitute a breach of this section nor any other provision of this Agreement. Buyer agrees that if it will not be commencing construction on the portion of the Property containing the community center within thirty(30)days after Closing then immediately after Closing it will enter into a standard month to month lease with the City of Meridian for said property which includes a thirty(30)day termination clause. This lease is to enable the City to continue its normal use of the portion of the Property containing the community center until Buyer needs to occupy and commence construction work on that portion of the Property. (iv) Seller is not a "foreign person" as defined in §1445(f)(3) of the Internal Revenue Code; Seller shall so certify at Closing. (v) To the best of Seller's knowledge, there are no pending or threatened violations of any applicable laws, ordinances, regulations, statutes, rules and restrictions pertaining to or affecting the Property. (vi) To the best of Seller's knowledge, there is no hazardous material, substance or waste, whether liquid, solid, gaseous or otherwise, located in, upon, under or adjacent to the Property or any ground or surface waters or water courses thereon or thereunder, and the Property and any adjacent properties are not now nor were they previously used for storage, disposal, manufacture, generation,whether as a by-product or otherwise, of any hazardous or toxic substance; (vii) Seller has full power and authority to enter into this Agreement and complete the Transaction. (viii) Upon Seller's execution of this Agreement,this Agreement will be binding and enforceable against Seller in accordance with its terms, and upon Seller's execution of the additional documents contemplated by this Agreement,they will be binding and enforceable against Seller in accordance with their terms. B. Purchaser: Purchaser represents and warrants unto Seller,as of the date hereof and as of the date of Closing, as follows: (i) Purchaser has full power and authority to enter into this Agreement and complete the Transaction. (ii) Upon Purchaser's execution of this Agreement,this Agreement will be binding and enforceable against Purchaser in accordance with its terms, and upon Purchaser's execution of the additional documents contemplated by this Agreement,they will be binding and enforceable against Purchaser in accordance with their terms. 4 (iii) Purchaser has been or will be permitted access to the Real Estate and will have actually inspected the Property prior to Closing. Purchaser's consummation of the purchase and sale of the Real Estate is based upon such inspection and not on any representations or warranties of Seller other than those contained in this Agreement or other written documents entered into with the Seller and Purchaser as parties or contemplated by and described in this Agreement. (iv) Other than those contained in this Agreement, other written documents entered into with the Seller and Purchaser as parties or contemplated by and described in this Agreement, Purchaser hereby acknowledges that neither Seller nor any person acting on behalf of Seller has made any oral representation,warranty, guaranty or promise concerning the Real Estate. C. Mutual: (i) Seller and Purchaser warrant, each to the other,that they have not dealt with any broker,realtor or finder in connection with the purchase and sale of the Real Estate. If at any time either Party determines that any of the representations and warranties set forth above are incorrect or untrue or in the event that a Party fails to perform any of the covenants contained in this Agreement, then, in such event, and notwithstanding anything contained herein to the contrary, the compliant non-defaulting Party shall have the right to terminate this Agreement upon written notice and opportunity to cure to the defaulting Party under Section 16. If the defaulting Party is the Seller, then the Deposit shall be returned to Purchaser in addition to any other rights or remedies available to the Parties. If the defaulting Party is the Purchaser,then the Seller shall retain the Deposit. These rights are not exclusive but are in addition to any other rights and remedies available to the Parties as provided in this Agreement. Further,each of Parties representations and warranties contained in this Section 6 shall be true and correct upon the execution of this Agreement and shall be deemed to be remade on and as of the Closing Date. 7. Conditions Precedent to Obligations of Purchaser. The obligation of Purchaser to close on the transaction contemplated herein shall be conditioned upon each of the following conditions precedent: A. Title and Survey. Satisfaction of the title and survey conditions of Section 4 hereof including,without limitation,Purchaser's receipt and approval of the Updated Survey. B. Due Diligence. (i) Purchaser is satisfied with the condition of the Property on or before the expiration of the Due Diligence Period as defined below. Purchaser and its agents shall have a period commencing on the Effective Date and expiring at 5:00 p.m. Eastern Time one hundred eighty(180) days following the Effective Date(the"Initial Due Diligence Period")in which to inspect the Property and all aspects pertaining to the Property and Purchaser's proposed construction thereon of the Project,review the Due Diligence Information(as herein defined) and the Commitment,procure various municipal approvals, and otherwise conduct the Inspections (as herein defined) contemplated in this Agreement and satisfying the other conditions set forth in this Section 7. Access to the Property shall be freely granted to Purchaser and/or Purchaser's agents, representatives, employees, and independent contractors at all times to conduct such studies and inspections. Such inspections shall be paid for by the Purchaser and shall be scheduled in cooperation with Seller so as to avoid any unreasonable interference with Seller's operations on the Real Estate. Without limiting the generality of the foregoing, Purchaser's inspections (the "Inspections") may include,but shall not be limited to: (a) confirming that sanitary sewer service of adequate capacity and depth by gravity flow is located contiguous to the Property and that all necessary licenses and permits will 5 be available or, if not contiguous, can be made available to the Property under terms and conditions acceptable to Purchaser; (b) confirming that a water main of adequate size, pressure and capacity to serve the proposed development is located contiguous to the Property and that permission will be granted by appropriate authorities to connect to and use the same, or if a water main is not contiguous, one can be made available on terms and conditions acceptable to Purchaser; (c) confirming that electric, gas and communications technologies with adequate capacities are located contiguous to the Property and available to Purchaser, or if not available or contiguous, such utilities can be made available to the Property on terms and conditions acceptable to Purchaser; (d) confirming that the soil and ground water conditions of the Property are acceptable to Purchaser; (e) confirming that the environmental condition of the Property is acceptable to Purchaser, including but not limited to a Phase I and Phase 11 environmental study and a wetland delineation study; (f) confirming that the Property shall have full,free and uninterrupted access to and from all streets and rights of way adjacent to the Property; (g) confirming that the market conditions will allow for an economically viable development on the Property and,in all other respects,the development of the Property will be feasible as determined by Purchaser, including without limitation the relocation of the Hunter Lateral; and (h) obtaining all necessary governmental, quasi-governmental and third party final approvals needed to develop the Property and permit the use of the Property for the Project, including, by way of example and not limitation, a special use permit, all necessary plat approvals, site plan approvals, subdivision mapping, platting, vacations, dedications, zoning and rezoning, parking, surface water management permits, drainage permits, demolition permits, building permits, and any and all other permits, consents and final approvals and authorizations necessary to develop, construct and utilize the Property for the Project(collectively, "Approvals"). All Approvals shall be final, with all time for further appeal being expired, with no appeal being then pending, no appeal instituted and no petition filed. Seller hereby authorizes Purchaser to begin proper proceedings to obtain any necessary change of the existing zoning classification and to secure all such other Approvals as Purchaser deems necessary or appropriate to permit Purchaser's intended use. (ii) The Due Diligence Period shall automatically extend for three(3)periods of sixty (60) days each (each, an "Extension Option" and collectively, the "Extension Options") at the end of the then-current Due Diligence Period, unless the Purchaser delivers written notice to Seller on or before the expiration of the then-current Due Diligence Period that the current Due Diligence Period shall not be extended in which case the Due Diligence Period shall not be extended. The "Due Diligence Period",as used herein, shall mean the Initial Due Diligence Period as it may be extended by one or more Extension Options. (iii) Termination during the Due Diligence Period. If Purchaser is not satisfied in its sole and exclusive discretion with the results of the Inspections, or for any reason whatsoever, or if Purchaser has not obtained the Approvals prior to the expiration of the Due Diligence Period on terms and 6 conditions acceptable to Purchaser in its sole and exclusive discretion, then Purchaser may rescind this transaction and terminate this Agreement by mailing written notice to Seller at any time on or prior to the expiration date of the Due Diligence Period and shall thereupon receive a refund of the Deposit and be relieved of any and all liability hereunder. Purchaser shall have no obligation to notify Seller of any reasons for such rescission. Purchaser and Seller hereby acknowledge that,pursuant to that certain Memorandum of Agreement between Purchaser, Seller and the City of Meridian, dated April 12, 2022, the City of Meridian has agreed to reimburse Purchaser for all of the Lateral Relocation Expenses incurred by Purchaser under certain circumstances as more specifically set forth therein. If the Agreement is terminated by Purchaser and the Deposit returned to Purchaser pursuant to this Subsection(iii).then both parties shall be relieved of any and all obligations and liabilities hereunder under this Agreement except Purchaser shall be entitled to payment of Pre-Closing Expenses including Lateral Relocation Expenses as described in Section 16 which requirement survives the termination of this Agreement, and/or other obligations and liabilities in the Agreement to survive termination. (iv) Due Diligence Information. Within ten(10) days following the Effective Date, Seller shall provide Purchaser with copies of each of the due diligence materials identified on Exhibit "B" attached hereto if they are in Seller's possession or control. In the event Purchaser exercises its right to terminate this Agreement under Section 7.13(iii) above, upon Seller's request, Purchaser shall return to Seller copies of any due diligence materials provided to Purchaser by Seller. C. Material Adverse Changes. There shall be no material changes in the physical or economic condition of the Property from the date hereof to the date of Closing. D. Representations and Warranties. All of Seller's representations, warranties and agreements contained herein shall be true and correct as of the date hereof and on the date of Closing,which Seller shall certify to at Closing, and Seller shall not have, on the date of Closing, failed to meet, comply with, or perform, any condition or agreement on its part to be performed under the terms and conditions contained herein. E. Closing Deliveries. Purchaser shall have received drafts of all of Seller's Closing deliveries not later than five(5)days prior to the scheduled Closing Date. F. Incentives. During the Due Diligence Period Purchaser intends to secure commitments for such public infrastructure and/or urban renewal district incentives from the City of Meridian, the County of Ada, the State of Idaho, and/or all other governmental or quasi-governmental entities having jurisdiction(collectively,the"Incentives")as Purchaser deems necessary or appropriate to support its construction and development of the Project. If Purchaser is unable to obtain commitments for Incentives on terms and conditions that are acceptable to Purchaser during the Due Diligence Period, then Purchaser may, but will not be obligated to, terminate this Agreement by giving written notice thereof to Seller prior to the expiration of the Due Diligence Period,and if so terminated,the Deposit shall be promptly delivered to Purchaser, and Purchaser and Seller shall have no further obligations or liabilities hereunder except for those that expressly survive the termination of this Agreement. G. MDC's Ownership of Real Estate. Seller has acquired the Real Estate from the City pursuant to the terms of the City/MDC Purchase Agreement and holds title to the Property in accordance with Section 6.A above. H. Owner Participation Agreement. At or prior to the Closing Date, Purchaser and Seller shall have entered into an Owner Participation Agreement governing, among other things, Purchaser's obligation to construct certain public improvements as a part of the Project,together with terms for the reimbursement of Purchaser for certain reimbursable costs associated with the construction of such 7 public improvements(the"OPA"). If Purchaser and Seller are unable to mutually agree on the OPA prior to the Closing Date after exercising good faith and commercially reasonable efforts,then either Party may, but will not be obligated to, terminate this Agreement by giving written notice thereof to the other Party prior to the Closing Date, and if so terminated, the Deposit shall be promptly delivered to Purchaser, and Purchaser and Seller shall have no further obligations or liabilities hereunder except for those that expressly survive the termination of this Agreement. I. Financing. Purchaser has obtained financing on terms satisfactory to Purchaser in its sole discretion and which meets Seller's Financing Condition described below. 8. Condition Precedent to Obligations of Seller. The obligation of Seller to close on the transaction contemplated herein shall be conditioned upon the following condition precedent: A. As the sole condition to Seller's obligation to perform hereunder, Purchaser shall provide to Seller,prior to closing,the following: (i) a financing commitment from an established financial institution in order to demonstrate that Purchaser has the financial ability and viable plan to complete the Project in a timely manner; and(ii) copies of loan documentation between Purchaser and its lender that set forth an affirmative obligation for Purchaser to substantially complete the Project within a definitive construction schedule(but in no event shall Purchaser be required to share its construction budget,operating proforma or other financial documentation)(collectively,the"Financing Condition"). 9. Closing. Purchaser and Seller shall close this transaction(the "Closing") on the date (the "Closing Date") which is forty-five (45) days following the expiration of the Due Diligence Period(as it may be extended hereunder) or on such earlier date as may be mutually agreeable to Purchaser and Seller. In the event that as of such Closing Date, all conditions precedent applicable until Closing have not been satisfied,then Purchaser shall have the right to notify Seller that it is terminating this Agreement, in which event the Deposit shall be returned to Purchaser in full termination of this Agreement, except with respect to those provisions which expressly survive the termination hereof. Closing shall take place via escrow or at the office of the Title Company or such other place as the parties may mutually agree. 10. Seller's Obligations at Closing. At or prior to the Closing, the following documents relating to the Property,in form and substance satisfactory to Purchaser,shall be executed and delivered by Seller to the Title Company: A. A warranty deed (the "Deed") executed by Seller conveying the Property to Purchaser subject to no exceptions other than the Permitted Exceptions. B. An affidavit of Seller certifying that Seller is not a"foreign person,"as defined in the federal Foreign Investment in Real Property Tax Act of 1980, and the 1984 Tax Reform Act, as amended. C. If elected and paid for by Purchaser as applicable,an owner's affidavit as required by the Title Company to remove or insure over the standard exceptions to the Title Policy as well as any "gap coverage". D. A closing statement and all other documents and instruments that either Seller's or Purchaser's attorney or the Title Company may reasonably require to properly consummate the transaction contemplated by this Agreement. 11. Purchaser's Obligation at Closing. At Closing, Purchaser shall deliver to Title Company the following: 8 A. The Purchase Price by cash, cashier's or bank check or wire transfer of immediately available funds. B. A closing statement and all other documents and instruments that either Seller's or Purchaser's attorney or the Title Company may reasonably require to properly consummate the transaction contemplated by this Agreement. 12. Closing Adjustments. The following shall be apportioned against sums due Seller at Closing: A. All real and personal property taxes and special assessments of whatever nature and kind which have become due and payable or are delinquent as of the date of Closing shall be paid and discharged by Seller. All taxes for periods prior to Closing shall be prorated at Closing. B. Seller shall pay for the Title Company's fees and the premium for the ALTA Standard Title Policy in the amount of the Purchase Price. Any other costs and fees for extended or other coverages or endorsements are to be paid by Purchaser. C. Purchaser and Seller shall split, on a fifty/fifty (50150) basis, any escrow fees/closing fees charged by the Escrow Agent. D. Each party shall pay their own respective attorneys' fees. 13. Duration of Offer. This offer may be revoked by Purchaser at any time prior to acceptance hereof by Seller. 14. Condemnation. In the event that notice of any action, suit or proceeding shall be given prior to the Closing Date for the purpose of condemning any part of the Property,then Purchaser shall have the right to terminate its obligations hereunder within fifteen (15) days after receiving notice of such condemnation proceeding, and upon such termination, the Deposit shall be refunded to Purchaser in full termination of this Agreement, and the proceeds resulting from such condemnation shall be paid to Seller. In the event Purchaser shall not elect to terminate its obligations hereunder and proceeds to Closing, then the proceeds of such condemnation shall be assigned and belong to Purchaser at Closing. 15. Cooperation. The Parties will cooperate regarding the Purchaser's development of the Property in conformance with the MOA and OPA and Seller hereby consents to and authorizes Purchaser to obtain all such conforming development items from all applicable governmental bodies in order to develop the Property as provided in the OPA and MOA. Upon request by Purchaser, Seller shall execute such consents as may be necessary to develop the Real Estate in accordance with the OPA and MOA as soon as reasonably practicable following said request. 16. Default and Remedies. A. Purchaser's Default; Seller's Remedy. If Purchaser fails to terminate this Agreement as permitted herein and thereafter fails to close on the purchase of the Property, or in the event any representation or warranty made by Purchaser pursuant to this Agreement is materially untrue when made and provided that the Seller is not otherwise in material default of this Agreement,after written notice to Purchaser and thirty (30) days for Purchaser to cure and Purchaser fails to cure, then Seller shall be entitled to, as liquidated damages and Seller's sole and exclusive remedy: the greater of(i)the full amount of the Deposit; or(ii) an amount equal to all of MDC's actual, out of pocket attorney fees associated with the transaction contemplated under this Agreement and the City/MDC Purchase Agreement. Upon payment 9 to Seller of such amount,this Agreement and all rights and obligations of the parties shall terminate. The parties agree that it would be impracticable and extremely difficult to ascertain the actual damages suffered by Seller as a result of Purchaser's failure to complete the purchase of the Property and that under the circumstances existing as of the date of this Agreement,the liquidated damages provided for in this Section represents a reasonable estimate of the damages which Seller will incur as a result of such failure. The parties acknowledge that the payment of such liquidated damages is not intended as a forfeiture or penalty but is intended to constitute liquidated damages to Seller. B. Seller's Default;Purchaser's Remedies. In the event Seller fails to timely perform any material act under this Agreement or the City/MDC Purchase Agreement, or provide any material document or information required to be provided by Seller under this Agreement, or in the event any representation or warranty made by Seller pursuant to this Agreement is untrue when made, then after written notice to Seller and thirty (30) days to cure and Seller fails to cure, Purchaser shall be entitled to either(i)terminate this Agreement, demand a refund of the Deposit and seek Purchaser's actual damages, including but not limited to Pre-Closing Expenses from Seller except for the Lateral Relocation Expenses (which are to be reimbursed by the City and not Seller);or(ii)seek specific performance of this Agreement and the City/MDC Purchase Agreement,and seek Purchaser's actual damages,including but not limited to Pre-Closing Expenses except for the Lateral Relocation Expenses(which are to be reimbursed by the City and not the Seller). For the avoidance of doubt but subject to the terms of this Agreement,the terms"Pre- Closing Expenses" and"Lateral Relocation Expenses" shall have the meanings ascribed to them in the Memorandum of Agreement between Purchaser, Seller and the City of Meridian, dated April 12,2022. C. Attorneys' Fees. The prevailing party in any legal proceeding brought under or with relation to this Agreement or transaction shall be entitled to recover court costs,reasonable attorneys' fees and all other litigation expenses from the non-prevailing party. 17. Covenants. A. Seller's Covenants. During the term of this Agreement, Seller warrants and covenants that it shall not,without Purchaser's written consent not to be unreasonably withheld: (i) grant, convey or enter into, any easement, lease, license or other legal or beneficial interest in or to the Property; or (ii) enter into any contract, service contract, option agreement to transfer, convey or encumber the Property or any portion thereof, or(iii) exercise any right to terminate, other than for Purchaser's default under Section 16A., amend, modify, or waive any of Seller's rights under the City/MDC Purchase Agreement, without Purchaser's prior written consent. Seller further warrants that, upon receipt of any knowledge or notice of any threatened or pending(a)condemnation; (b)action in lieu of condemnation; (c) zoning change; (d) assessment; (e) lien; (f) claim; (g) encumbrance; or(h) similar matter that may affect the Property, its operation, or development, Seller shall promptly notify Purchaser thereof. After the Effective Date and until the earlier of the termination of this Agreement or the Closing,Seller shall continue to operate and maintain the Property in the same manner as prior to the Effective Date. After the Effective Date and until the earlier of the termination of this Agreement or the Closing, Seller shall suspend all activities utilized by Seller to market the Property for sale other than in connection with the transaction contemplated by this Agreement and shall not enter into any agreement with any other person or entity for the sale or lease of the Property. B. Purchaser's Covenants. During the term of this Agreement, Purchaser warrants and covenants that it shall not, without Seller's written consent not to be unreasonably withheld grant, convey or enter into an agreement to transfer or assign any of its rights and/or obligations under the MOA, or OPA; except that Purchaser shall be permitted to assign or transfer any of its rights and/or obligations under the MOA or OPA, in whole or in part,without Seller's consent, to an entity in which Purchaser or any of its principals are an owner or manager. 10 C. Mutual Covenant. Purchaser and Seller agree that the Property is to be transferred to Purchaser for development purposes as outlined in the OPA. The Parties further covenant that the OPA will include certain rights of reverter,allowing the Seller to repurchase and retake possession of the Property if Purchaser fails to meet certain obligations, conditions or milestones under the OPA. The repurchase of the Property shall be consummated through the Escrow Agent, at a time determined by Seller no later than ninety (90) days after the delivery of Seller's notice that it intends to exercise its repurchase rights. The repurchase price shall be the original Three Hundred Thirty-Five Thousand and 00/100 Dollars($335,000) and shall be payable in cash or other immediately available funds. Title to the Property shall be conveyed by warranty deed, and any mortgage or monetary liens, including any potential mechanics liens or other liens outstanding on the Property shall be discharged by Purchaser prior to closing under this Seller's repurchase provision. Taxes shall be prorated prior to closing. Escrow and Closing fees will be split equally between Buyer and Seller. 18. Broker. Seller and Purchaser do hereby certify, represent and warrant, each to the other, that they have not engaged, enlisted, employed or otherwise made use of any other real estate broker or sales person in connection with this sale. To the extent permitted by Idaho Law,Purchaser and Seller shall indemnify, defend and hold each other and their respective successors and assigns, harmless with respect to any claim of any real estate broker or sales person claiming a commission and/or damages through or under the indemnifying party in connection with this transaction, including,without limitation,reasonable attorneys' fees, court costs and legal expenses. 19. Governing Law. The validity, enforceability, interpretation of this Agreement shall be construed under and in accordance with the laws of the State of Idaho. 20. Bindin Effect.ffect. This Agreement shall bind the parties hereto, their respective heirs and assigns. Purchaser may freely assign its interest hereunder. 21. Notices. Any notices, demands or requests required or permitted to be given hereunder must be in writing and shall be deemed to be given (i) when hand delivered; or (ii) one (1) business day after delivery to FedEx or similar overnight service for next business day delivery;or(iii)three(3)business days after deposit in the U.S. mail first class postage prepaid; or(iv)when sent by facsimile or electronic (pdf) transmission during normal business hours (i.e., 8:00 a.m. to 6:00 p.m., Monday through Friday), if such transmission is immediately followed by any of the other methods for giving notice. In all cases notices shall be addressed to the parties at their respective addresses as follows: If to Seller: With a Copes Meridian Development Corporation Todd Lakey Ashley Squyres Borton-Lakey Law 104 E. Fairview Ave. #239 141 E. Carlton Ave. Meridian, ID 83642 Meridian,ID 83642 Telephone: 208-477-1632 Telephone: 208-908-4415 Fax: Fax:208-493-4610 E-Mail: meridiandevelopmentcorp.com E-mail: todd@borton-lakey.com If to Purchaser: With a Copy to: River Caddis Development,LLC Honigman LLP 1038 Trowbridge Road 650 Trade Center Way, Suite 200 East Lansing,Michigan 48823 Kalamazoo,Michigan 49002 Attn: Kevin McGraw Attn: Steven J. Rypma 11 Telephone: (517) 703-2132 Telephone: (269)337-7842 E-Mail: kmgraw@rivercaddis.com Fax: (269) 337-7843 E-mail: srypma@honigman.com 22. Recording of Memorandum. Purchaser may record a memorandum or affidavit of interest setting forth the existence of this Agreement with the Ada County Recorder's Office or such other office where such document would be recorded. 23. Time for Performance. In the event the last date for performance of any obligation or for giving any notice hereunder falls on a Saturday, Sunday or legal holiday of the state wherein the Real Estate is located, then the time of such period shall be extended to the next day which is not a Saturday, Sunday or legal holiday in such state. Time shall be of the essence for purposes of this transaction. 24. Entire Agreement. This Agreement embodies the entire agreement between the parties relative to the subject matter of this Agreement, and there are no oral or written agreements between the parties or any representations made by either party relative to the subject matter of this Agreement which are not expressly set forth herein. This Agreement may be amended only by a written instrument executed by the parties hereto. 25. Headings. The captions and headings used in this Agreement are for convenience only and do not in any way limit, amplify, or otherwise modify the provisions of this Agreement. 26. Assignment. The Parties may assign any and/or all of its rights and obligations under this Agreement to any person or entity only upon mutual written agreement of the parties, which agreement shall not be unreasonably withheld, except that Purchaser may assign this Agreement, without Seller's consent to an entity in which Purchaser or any of its principals are an owner or manager. Following such assignment and Seller's receipt of written acceptance of said assignment,Purchaser shall be forever released and discharged from any and all obligations under this Agreement and Purchaser's assignee shall be entitled and subject to all rights and obligations set forth in this Agreement. This Agreement is binding upon and inures to the benefit of the Parties to this Agreement and their respective permitted successors and assigns. 27. Severability. If any term or provision of this Agreement shall,to any extent,be held invalid or unenforceable,the remaining terms and provisions of this Agreement shall not be affected thereby, but each remaining term and provision shall be valid and enforced to the fullest extent permitted by law. 28. Counterparts. This Agreement may be executed in one or more counterpart copies, all of which together shall constitute and be deemed an original,but all of which together shall constitute one and the same instrument binding on all parties. This Agreement may be executed in telecopy (faxed) copies and electronic(e-mail)copies and facsimile and electronic signatures shall be binding upon the parties. 29. No Third-Party Beneficiary.No term or provision of this Agreement or the exhibits to this Agreement are intended to be, nor may any term or provision be construed to be, for the benefit of any person, firm, corporation or other entity not a party to this Agreement (including, without limitation, any broker), and no other person, firm, corporation or entity has any right or cause of action under this Agreement. 30. Waiver. The waiver by any Party to this Agreement of any right granted to it under this Agreement is not a waiver of any other right granted under this Agreement,nor may any waiver be deemed to be a waiver of a subsequent right obtained by reason of the continuation of any matter previously waived. 12 [Remainder of page intentionally left blank; signature page follows.] 13 i IN WITNESS WHEREOF,Purchaser has executed this Agreement on the date signed by Purchaser shown below and Seller has accepted same on the last date signed by Seller shown below. PURCHASER: Meridia Cadd' , LLC By: M Name: Kevin T.McGraw Its: President Date signed by Purchaser. .July 20 2022 SELLER: By: Name:T AV e IN 1ry"Q CW- Its: U W'l lZIlN A-H Date signed by Seller: �'J ,2022 EXHIBITS: Exhibit"A" Legal Description of Real Property Exhibit"B" Property Information 14 EXHIBIT A LEGAL DESCRIPTION OF THE REAL PROPERTY [to be attached] Owner:City of Meridian ' Address: 201 E.Idaho Parcel: R5672000856eAiA Size:0.33 acres - Address: 223 E.Idaho Parcel: R7596000080 Size:0.16 acres " Address: 231 E. Idaho Parcel: R7596000075 _ Size:0.08 acres Address: 237 E. Idaho Parcel: R7596000065 Size:0.16 acres i — s - 1 Owner:Meridian Development Corporation Address: 226 E.Broadway Parcel: R7596000092 ' Size:0.54 acres r _ s t�'c3lPCPT C oft 15 EXHIBIT B PROPERTY INFORMATION Seller shall make reasonable efforts to obtain the below documents from the City in its purchase of the Property, and to determine whether it is otherwise in possession of documents identified in this Exhibit B. 1. Copies of all reciprocal easement agreements, operating easement agreements, declarations and party wall agreements, and all other covenants and restrictions encumbering the Property which are,to Seller's knowledge, in the possession of Seller. 2. Copies of existing title polices with all exception documents which are, to Seller's knowledge, in the possession of Seller. 3. Copies of existing surveys, including the most current ALTA survey which are, to Seller's knowledge, in the possession of Seller. 4. Copies of existing environmental reports including Phase I ESA's and/or Phase 11 ESA's; copies of existing geotechnical reports and soil testing reports and analyses which are, to Seller's knowledge, in the possession of Seller. 5. Copies of all permits and approvals from state or local government agencies, including site plan approvals, water, sewer, DOT or other road jurisdiction which are, to Seller's knowledge, in the possession of Seller. 6. Copies of the current and past three(3)years of property tax bills. 7. Copies of all leases, licenses, and occupancy agreements, including all amendments, extensions, modifications, and supplements thereto, pursuant to which any party uses or occupies any part of the Property which are, to Seller's knowledge, in the possession of Seller. 16 REAL ESTATE PURCHASE AGREEMENT BETWEEN CITY OF MERIDIAN AND THE MERIDIAN DEVELOPMENT CORPORATION CIVIC BLOCK PROPERTIES THIS PURCHASE AND SALE AGREEMENT (this "Agreement"), is entered into and made effective on June 7th, 2022 (the "Effective Date"), by and between the City of Meridian, an Idaho Municipal Corporation, whose address is 33 E. Broadway Ave, Meridian, ID 83642 (herein the "Seller" or "CITY"), and Meridian Development Corporation, and whose address is 104 E. Fairview Ave #239, Meridian, ID 83642, (herein the "Buyer" or"MDC"). WHEREAS. CITY and MDC have selected a proposal to redevelop portions of downtown Meridian, including the Property as defined below(the"Proposal"); and, WHEREAS, the Proposal includes a provision that MDC would acquire the Property from CITY and then transfer the Property to Meridian Caddis, LLC, ("Meridian Caddis") pursuant to a purchase and sale agreement between Meridian Caddis and MDC, and an Owner Participation Agreement ("OPA") for purposes in furtherance of its mission to stimulate and expand Downtown Meridian into a thriving area that provides opportunities in which to live, work, and play; and, WHEREAS,when it is determined by the City Council to be in the City's best interest,the Council may by Ordinance duly enacted,authorize the transfer or conveyance of real property to any tax supported governmental entity with or without compensation; and, WHEREAS, City Council is satisfied that the Project elements as proposed by the third party developer will be a benefit to the community, that the third party developer has the resources and experience to complete the Project in a timely manner, and that the transfer of the Property is in the best interest of the City; and, WHEREAS, a public hearing was held at the regular meeting of the Meridian City Council on JUNE 7, 2022 and at the conclusion of said hearing, the City Council approved Ordinance 22-1981 authorizing the conveyance subject to certain terns and conditions; and, WHEREAS, CITY wishes to sell the following described Property to MDC and MDC desires to purchase the Property under the terms and conditions set forth in this Agreement. NOW,THEREFORE,in consideration of the promises,covenants,representations,and warranties set forth in this Agreement, and for other valuable consideration,the receipt and sufficiency of which are hereby acknowledged, CITY (Seller) and MDC (Buyer) agree as set forth below. Real Estate Purchase Agreement Page 1 Item#7. 1. Definitions. The following terms have the following meanings when used in this Agreement: "Agreement". This Purchase and Sale Agreement, including all exhibits attached to this Agreement. "Business Day". A day other than a Saturday, Sunday, or any federal holiday. "Closing". The consummation of the Transaction, as evidenced by the delivery of all required fitnds and documents to Escrow Agent and the disbursement or delivery of such funds and documents by Escrow Agent in accordance with this Agreement and any other consistent instructions. "Closing Date". Closing of this transaction shall occur at a date agreed to by the parties, and simultaneous with the Closing set forth in the Purchase Agreement to be entered into by and between Meridian Caddis and MDC. "Effective Date". The date this Agreement is signed by all parties. "Escrow". The escrow to be created in accordance with this Agreement. "Escrow Agent". First American Title and Escrow Company, whose address is 2150 S. Bonito Way, Suite 100, Meridian, ID 83642, Attn: Ruth Rubel. "Property". The land commonly known as "The Civic Block City Parcels" or "Community Center and Centennial Park", Meridian, Idaho and more particularly identified as Ada County Parcel #R5672000856,201 E Idaho; Parcel#R7596000080, 223 E. Idaho; Parcel #R7596000075, 231 E. Idaho; and Parcel #R7596000065, 237 E. Idaho and Legally Described as: Lots 5 and 10, and the North 90 feet of Lot 6, 7 and 8, and the East 8.5 feet of the South 30 feet of Lot 6, All in Block 6 of the Amended Plat of the ORIGINAL TOWNSITE OF MERIDIAN, as shown on the plat thereof, filed in Book 1 of Plats at Page 30,records of Ada County, Idaho. AND Lots 1, 2, 3, 4 and 5 in Block 2 of the Amended Plat of ROWAN ADDITION TO MERIDIAN, according to the plat thereof, filed in book 2 of Plats at Page 52,records of Ada County, Idaho. "Purchase Price". The total purchase price to be paid by Buyer for the Property, as set forth in Section 3 of this Agreement. "Transaction". The purchase and sale of the Property contemplated by this Agreement. Real Estate Purchase Agreement Page 2 Page 212 Item#7. 2. Definitive Agreement for Purchase and Sale of Property. Upon full execution,this Agreement will be a binding agreement between Buyer and Seller for the purchase and sale of the Property on the terms, conditions and provisions set forth in this Agreement. This Agreement supersedes all other written or oral agreements between Buyer and Seller concerning the Transaction. If Buyer and Seller execute any separate escrow instructions with respect to the Transaction on Escrow Agent's form, as may be modified by Buyer and/or Seller in the sole discretion of each, and if there is any conflict or inconsistency between any provision of such escrow instructions and any provision of this Agreement, the provision of this Agreement will control. 3. Purchase Price and Method of Payment. The Purchase Price shall be $335,000.00 to be paid in full at Closing. 4. Title Commitment. Within three (3) days from the date this Agreement is signed by all parties, Escrow Agent shall issue and deliver to Buyer and Seller a commitment for title insurance with respect to the Property disclosing all matters of record and other matters of which Escrow Agent has knowledge which relate to the title to the Property, detailing Escrow Agent's requirements for closing the Escrow, committing to issue to Buyer an ALTA Standard Owner's Policy of Title Insurance with respect to the Property, and providing legible copies of all instruments referred to in the report (collectively, the "Commitment"). Buyer has ten (10) days after the Effective Date or after receipt of the Commitment, whichever occurs later, to review and to object in writing to any easements, liens, encumbrances or other exceptions or requirements in the Commitment(the "Title Objections"). If Buyer does not approve the Commitment or object within the time specified,then the condition of title to the Property reflected on the Commitment will be deemed approved. If the Title Objections are made within the time specified, Seller may,but shall not be required to,attempt to eliminate the matters covered by the Title Objections by or before the Closing Date. If Seller is unable or unwilling, in their sole discretion,to eliminate the matters covered by the Title Objections by or before the Closing Date upon terms acceptable to Buyer, Seller shall so notify Buyer, and Buyer may either waive the Title Objections that Seller was unable or unwilling to eliminate or terminate this Agreement. 4.1 Amendments to Title Commitment. If the Commitment is amended by Escrow Agent, Escrow Agent shall immediately deliver to Buyer and Seller the amendment and provide legible copies of all additional instruments referred to in the amendment (collectively, the "Amendment"). Buyer has five (5)days from the date of Buyer's receipt of the Amendment or through the Closing Date, whichever occurs earlier, to review and to object in writing to any easements, liens, encumbrances, or other exceptions or requirements in the Amendment which were not disclosed by the Commitment or a previous Amendment ("Additional Title Objections"). If Buyer does not approve the Amendment or object within the time specified, then the condition of title to the Property reflected on the Amendment will be deemed approved. If the Additional Title Objections are made within the time specified, Seller may attempt to eliminate the matters covered by the Additional Title Objections by or before the Closing Date. If Seller is unable or unwilling to eliminate the Real Estate Purchase Agreement Page 3 Page 213 Item#7. matters covered by the Additional Title Objections by or before the Closing Date upon terms acceptable to Buyer, Seller shall so notify Buyer, and Buyer may either waive the Additional Title Objections that Seller was unable or unwilling to eliminate or terminate this Agreement. 4.2 Title Insurance Policy.At Closing,Escrow Agent shall commit to issue to and in favor of Buyer or its assigns a Standard Owner's Policy of Title Insurance with respect to the Property in the amount of the Purchase Price, insuring fee simple title to the Property in Buyer effective on the Closing Date, subject to the standard exclusions and exceptions in such form of policy and subject to the Permitted Exceptions (the "Title Policy"). 4.3 Inspection and Seller's Property Disclosure Statement. Buyer has one hundred eighty (180) days after the Effective Date("Inspection Review Period"),together with any Extension Options as defined below, to inspect the Property and to conduct, review and approve any investigations, tests, analyses or studies deemed necessary by Buyer to determine the condition and feasibility of the Property for Buyer's purpose (the "Inspection Review"). The Inspection Review Period will automatically extend for three(3)periods of sixty(60)days each(each,an"Extension Option"and collectively,the"Extension Options")at the end of the then-current Inspection Review Period,unless the Buyer delivers written notice to Seller on or before the expiration of the then-current Inspection Review Period that the current period shall not be extended in which case the Inspection Review Period shall not be extended. Seller hereby grants to Buyer and Meridian Caddis and their agents, employees, and contractors a nonexclusive right and license to enter upon the Property after giving reasonable advance notice to Seller to conduct the Inspection. Upon completion of the Inspection Review, Buyer shall restore the Property to its condition existing immediately prior to the Inspection Review. Buyer and Meridian Caddis shall each indemnify and hold Seller harmless from any loss incurred by Seller resulting from damage to the Property caused by the Inspection Review. If for any reason Buyer determines that the Property is not in a suitable condition or not feasible for Buyer's purpose, Buyer may terminate this Agreement within the Inspection Review Period and in such event any Earnest Money Deposit paid shall be returned to Buyer and this Agreement shall be terminated. If Buyer does not either approve or disapprove the Inspection Review, or otherwise terminate this Agreement prior to the expiration of the Inspection Review Period, then the Inspection Review will be deemed approved and any Earnest Money Deposit shall be non-refundable to Buyer, subject only to Seller's default under this Agreement. i 5. Closing. 5.1 Time and Place. Closing will take place in the offices of Escrow Agent on the Closing Date (defined above) or on such date as may be mutually agreed to by the Parties to coordinate a simultaneous closing of the Purchase Agreement between Meridian Caddis and MDC. 5.2 Seller's Closing Deliveries. At Closing, Seller shall deliver to Escrow Agent: 5.2.1 A Warranty Deed fully executed and properly acknowledged by Seller, conveying the Property to Buyer, free and clear of any mortgages or deeds of trust. 5.2.2 As a prerequisite to Seller's delivery of the Warranty Deed, Buyer must have provided sufficient proof to Seller that Buyer has entered into a Purchase and Sale Agreement for the Real Estate Purchase Agreement Page 4 Page 214 I Item#7. Property with the third party developer identified in the Proposal, and that all of the contingencies and conditions under that agreement have been satisfied or waived. 5.3 Buyer's Closing Deliveries. At Closing, Buyer shall deliver to Escrow Agent: 5.3.1 Payment in fiill for the Purchase Price. 5.4 Closing Costs. Buyer shall pay the premium for the standard owner's Title Policy. Buyer will pay the additional premiums required for any extended coverage or endorsements requested by Buyer. Escrow and Closing fees will be split equally between Buyer and Seller. All costs associated with the Transaction must be borne by the parties in accordance with custom in Ada County, Idaho, as determined by Escrow Agent, unless otherwise specified in this Agreement. 5.5 Possession. Buyer will be entitled to possession of the Property on the Closing Date. 5.6 Right to Repurchase. Buyer intends to sell or transfer the Property to a third party for development purposes as outlined in the premises to this Agreement. Buyer may also enter into a Development Agreement or OPA with the third-party developer which may include certain rights of reverter. In the event that Buyer exercises or benefits from its right of reverter and retakes possession of the Property,Seller may exercise its option to repurchase the Property by delivering written notice of such intent within 90 days of Buyer retaking possession of the Property. If Seller exercises its repurchase rights as set forth herein, the price for such repurchase shall be the same purchase price as set forth in Section 3 of this Agreement. The repurchase of the Property shall be consummated through the Escrow Agent, at a time determined by Seller no later than 90 days after the delivery of Seller's notice that it intends to exercise its repurchase rights. The repurchase price shall be payable in cash or other immediately available funds. Title to the Property shall be conveyed by warranty deed, and any mortgage or liens, including any potential mechanics liens or other liens outstanding on the Property shall be discharged by Buyer prior to closing under this Seller's repurchase provision. Taxes shall be prorated prior to closing. Escrow and Closing fees will be split equally between Buyer and Seller. 6. Seller's Representations and Warranties. Seller represents and warrants to Buyer that: 6.1 Authority. Seller has full power and authority to enter into this Agreement and complete the Transaction. 6.2 Binding Agreement. Upon Seller's execution of this Agreement, this Agreement will be binding and enforceable against Seller in accordance with its terms, and upon Seller's execution of the additional documents contemplated by this Agreement,they will be binding and enforceable against Seller in accordance with their terms. 6.3 Title. Seller has fee title to the Property. Seller represents that Seller owns the property free and clear of any mortgages or deeds of trust. 6.4 No Violations. Seller has not received notice of any violation with regard to any applicable law, regulation, ordinance, requirement, covenant, condition or restriction relating to the present use, Real Estate Purchase Agreement Page 5 Page 215 Item#7. occupancy or condition of the Property from any person, authority or agency having jurisdiction over the Property. 6.5 Compliance with Law; Municipal Ordinances. Seller has not received any notices of violation of any law, regulation, condition of permit or license, order, ordinance, or any requirement noted in or issued by any federal, state, or local department having jurisdiction over or affecting Property which has not been corrected, resolved, or withdrawn, and to the knowledge of Seller, the Property is in compliance with all applicable federal,state, and local laws and regulations in all material respects. 7. Buyer's Representations and Warranties. Buyer represents and warrants to Seller that: 7.1 Authority. Buyer has full power and authority to enter into this Agreement and complete the Transaction. 7.2 Binding Agreement. Upon Buyer's execution of this Agreement, this Agreement will be binding and enforceable against Buyer in accordance with its terms, and upon Buyer's execution of the additional documents contemplated by this Agreement,they will be binding and enforceable against Buyer in accordance with their terms. 7.3 Investigation of Property. Buyer has been or will be permitted access to the Property and will have actually inspected the Property prior to Closing. Buyer's consummation of the Transaction is based upon such inspection and not on any representations or warranties of Seller. 7.4 No Oral Representations. Buyer hereby acknowledges that neither Seller nor any person acting on behalf of Seller has made any representation, warranty, guaranty or promise concerning the Property, whether oral or written. 8. Broker's Commission. Seller and Buyer warrant, each to the other, that they have not dealt with any broker,realtor or finder in connection with the Transaction. 9. Risk of Loss. The risk of loss will be upon Seller until Closing. In the event of any material loss or damage to or condemnation of the Property prior to Closing, Buyer may terminate this Agreement. If Buyer waives any material loss or damage to or condemnation of the Property and proceeds to consummate this Transaction, or in the event of an immaterial loss,damage or condemnation, Seller shall, at Closing and as a condition precedent to Closing, pay to Buyer the amount of any insurance or condemnation proceeds attributable to the Property which have been received by Seller and assign to Buyer as of Closing all rights or claims to proceeds payable thereafter. 10. Remedies. 10.1 If Seller fails to perform any of Seller's obligations under this Agreement and that failure continues for five (5) days after Seller's receipt of written notice from Buyer, Buyer may, as Buyer's sole remedy f'or Seller's failure,either: (i)terminate this Agreement in accordance with Section 11,or(ii)bring an appropriate action for specific performance of this Agreement. Real Estate Purchase Agreement Page 6 Page 216 Item#7. 10.2 If Buyer fails to perform any of Buyer's obligations under this Agreement and that failure continues for five (5) days after Buyer's receipt of written notice from Seller, Seller may, as Seller's sole remedy for Buyer's failure bring an appropriate action for specific performance of this Agreement. 10.3 If the Purchase and Sale Agreement between Meridian Caddis and Buyer is terminated due to Meridian Caddis' (i) failure to meet the Financing Condition as defined in the Purchase and Sale Agreement between Meridian Caddis and Buyer; or(ii) default, as declared by Buyer under the Purchase and Sale Agreement between Meridian Caddis, beyond all applicable notice and cure periods, Buyer or Seller may, as its sole remedy, terminate this Agreement in accordance with Section 11. Seller hereby acknowledges and agrees that the termination right set forth in this Section 10.3 represents its sole and exclusive right to terminate this Agreement. 11. Termination. If Buyer or Seller elects to terminate this Agreement as provided under this Agreement,the terminating party shall give written notice of the termination to the other party and Escrow Agent. Upon termination by a party as provided in this Agreement, Escrow Agent shall return all documents deposited in the Escrow to the Seller. Upon delivery of such documents, this Agreement and the Escrow will be deemed terminated, and except as provided in this Agreement neither party will have any further liability or obligation under this Agreement. 12. Attorneys' Fees. If there is any litigation or other action taken by any party to enforce or interpret any provisions of or rights arising under this Agreement, the defaulting party shall pay to the other party all costs and expenses, including but not limited to reasonable attorney fees and costs, which the other party may incur in enforcing this Agreement or in pursuing any remedy allowed by law, whether such is incurred by the filing of suit or otherwise. 13. Omitted. 14. Escrow Cancellation Charges. If the Escrow fails to close because of Buyer's default, Buyer will be liable for any escrow and title commitment cancellation charges by Escrow Agent. If the Escrow fails to close because of Seller's default, Seller will be liable for any such cancellation charges by Escrow Agent.If the Escrow fails to close through no fault of either Seller or Buyer, any such cancellation charges by Escrow Agent shall be divided equally between Seller and Buyer. 15. Additional Acts. The parties agree to execute promptly all other documents and perform all other acts as may be reasonably necessary to carry out the purpose and intent of this Agreement. 16. Business Days.If this Agreement requires any act to be done or action to be taken on a date which is not a Business Day,that act or action will be deemed to have been validly done or taken if done or taken on the next succeeding Business Day. 17. Waiver.The waiver by any party to this Agreement of any right granted to it under this Agreement is not a waiver of any other right granted under this Agreement, nor may any waiver be deemed to be a waiver of a subsequent right obtained by reason of the continuation of any matter previously waived. Real Estate Purchase Agreement Page 7 � Page 217 Item#7. 18. Survival. All of the covenants, agreements, representations and warranties set forth in this Agreement survive Closing, and do not merge into any deed, assignment or other instrument executed or delivered under this Agreement. 19. Counterparts/Facsimile. This Agreement may be executed in counterparts, each of which is deemed an original but all of which constitute one and the same instrument. The signature pages may be detached from each counterpart and combined into one instrument. This Agreement may be signed and delivered by facsimile which shall be effective as an original. 20. Successors and Assigns. This Agreement is binding upon and inures to the benefit of the parties to this Agreement and their respective successors and assigns. 21. Entire Agreement.This Agreement sets forth the entire understanding of the parties with respect to the matters set forth in this Agreement as of the Effective Date; it supersedes all prior oral or written agreements of the parties as to the matters set forth in this Agreement; and it cannot be altered or amended except by an instrument in writing, signed by Buyer and Seller. 22. Construction. This Agreement is the result of negotiations between the parties, neither of whom has acted under any duress or compulsion,whether legal, economic or otherwise.Accordingly,the terms and provisions of this Agreement must be construed in accordance with their usual and customary meanings. Seller and Buyer hereby waive the application of any rule of law which otherwise would be applicable in connection with the construction of this Agreement that ambiguous or conflicting terms or provisions should be construed against the party who (or whose attorney) prepared the executed Agreement or any earlier draft of this Agreement. 23. Headings. The headings in this Agreement are for reference only and do not limit or define the meaning of any provision of this Agreement. 24. Third-Party Beneficiary. Except as set forth herein, no term or provision of this Agreement or the exhibits to this Agreement is intended to be,nor may any term or provision be construed to be, for the benefit of any person, firm, corporation or other entity not a party to this Agreement (including, without limitation, any broker), and no other person, firm, corporation or entity has any right or cause of action under this Agreement. Meridian Caddis, LLC is hereby named as an express and intended third-party beneficiary of this Purchase Agreement, such that if the Seller fails to close the transaction conternplated by this Agreement, Meridian Caddis, LLC shall be permitted to either seek the remedy of specific performance to ensure that both the Seller and Buyer perform their respective obligations under this Agreement or Meridian Caddis, LLC shall be permitted to seek damages against the Seller equal to Meridian Caddis, LLC's Pre-Closing Expenses (including, without limitation, the Lateral Relocation Expenses),as set forth in the April 12,2022 Memorandum of Agreement between Meridian Caddis,LLC, Seller,and Buyer. 25. Severability.If any provision of this Agreement or any portion of any provision of this Agreement is determined to be invalid, illegal or unenforceable, the invalidity, illegality or unenforceability may not alter the remaining portion of such provision, or any other provision of this Agreement, as each provision of this Agreement is deemed severable from all other provisions of this Agreement. Real Estate Purchase Agreement Page 8 Page 218 Item#7. 26. Time of Essence. Time is of the essence in the performance of this Agreement. 27. Governing Law.This Agreement is governed by, and construed and enforced in accordance with, the laws of the State of Idaho. IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the date first written above. SELLER: CITY OF MERIDIAN Kert E.�mi on, Mayor 6-7-2022 A e d, C r n, City Clerk 6-7-2022 BUYER: MERIDIAN DEVELOPMENT CORPORATION By: Real Estate Purchase Agreement Page 9 Page 219 26. Time of Essence. Time is of the essence in the performance of this Agreement. 27. Governing Laic. This Agreement is governed by,and construed and enforced in accordance with, the laws ofthe Slate of Idaho. IN WITNESS WHEREOF,the parties have executed this Agreement to be effective as of the date first written above. SELLER: CITY OF MERIDIAN Robert E.Simison, Mayor Attest,City Clerk BLIYER: MER ]AN DEVELOPMENT CORPORATION Real Estate Purchase Agreement Page 9