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2022-12-06 Work Session
CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, December 06, 2022 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Treg Bernt Councilwoman Jessica Perreault Councilman Luke Cavener Councilman Joe Borton Councilman Brad Hoaglun Mayor Robert E. Simison ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun 1. Approve Minutes of the November 15, 2022 City Council Work Session 2. Approve Minutes of the November 15, 2022 City Council Regular Meeting 3. Approve Minutes of the November 22, 2022 City Council Work Session 4. Approve Minutes of the November 22, 2022 City Council Regular Meeting 5. Budget Blinds Water Main Easement 6. Release of Water Main Easement 2022-033771 Roaring Springs 7. Roaring Springs Water Main Easement No. 2 8. Settler's Crossing Utility Alignment Sanitary Sewer and Water Main Easement 9. Seyam East Subdivision Water Main Easement No. 1 10. Seyam East Subdivision Water Main Easement No. 2 11. Summertown Subdivision Pedestrian Pathway Easement 12. Final Plat for Prescott Ridge Subdivision No. 3 (FP-2022-0033) by KM Engineering, LLP., located at the west side of N. Rustic Oak Way, approximately 1/4 mile south of W. Chinden Blvd./State Highway 20-26 13. Final Order 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 14. Final Order for Jump Creek South (FP-2022-0031) by Kent Brown Planning, located at the northwest corner of W. McMillan Rd. and N. Black Cat Rd. on Parcel S0428449525 15. Findings of Facts, Conclusions of Law for Kingstown Subdivision (H-2022-0045) by Kimley Horn, located at 2610 E. Jasmine St. 16. Supplemental Agreement to the Longitudinal Pipeline Encroachment Agreement Dated July 5, 2006 between the City of Meridian and the Union Pacific Railroad Company 17. Fiscal Year 2023 Cooperative Agreement between the City of Meridian and Valley Regional Transit 18. Professional Services Agreement with Crime Stoppers 19. Memorandum of Agreement Between the Ada County Highway District and the City of Meridian for Five Mile Creek Pathway Segment D Design and Construction 20. Approval of Purchase Order #22-0106 to Ada County Highway District for the Interagency Agreement for the Locust Grove, Overland to Victory Project for the Not-To-Exceed Amount of $1,312,293.46 21. Award of RFP and Approval of Agreement to Tonka Water for the Well 31 Water Treatment Facility Filter Equipment for the Not-To-Exceed amount of $532,200.00. 22. Parks and Recreation Department: Public Art Project Updates 23. Task Order with Sector Seventeen for $8,500 in Fiscal Year 2023 for Installation of Mural at Meridian Pool 24. Professional Service Agreement with Eileen Gay for Installation of Mosaic Sculptures at Five Mile Creek Pathway Trailhub 25. Fiscal Year 2023 Net-Zero Budget Amendment to Accept Donated Revenue of $6,499.00, to Provide Spending Authority of Said Funds for Beep Beep Jeep Neighborhood Grants Project as Part of the Applicants Cost-Sharing Portion per Project Agreement 26. Fiscal Year 2023 Net-Zero Budget Amendment in the amount of $650.00 of Donated Revenue from the Blue Cross Foundation for Completion of the Mayor's Walking Challenge 27. Resolution 22-2357: A Resolution Amending the City of Meridian's Citywide Records Retention Schedule; and Providing an Effective Date 28. Resolution No. 22-2358: A Resolution Vacating the 6-Foot-Wide Public Utility, Drainage, and Irrigation (PUDI) Easements Platted on the Shared Lot Lines of Lots 4-5, 27-28, 29-30, 32-33, 45-46, and 49-50, Block 1 of Rockbury North Subdivision, Being More Particularly Described in Exhibit “A”; and Providing an Effective Date 29. Resolution No. 22-2359: A Resolution of the City Council of the City of Meridian, Idaho, Setting Forth Certain Findings and Purposes to Declare Surplus Property and Authorizing the Donation of Certain Computer and Equipment to Computers for Kids and the Nyssa Police Department ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 30. Discussion of Civic Block Time Extension Request Extension Approved Motion to grant two six-month extensions to be mutually agreed upon made by Councilwoman Strader, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Hoaglun Voting Abstaining: Councilman Borton 31. Community Development: Analysis of Housing Code Vacated from the Agenda ADJOURNMENT 5:50 p.m. Meridian City Council Work Session December 6, 2022. A Meeting of the Meridian City Council was called to order at 4:31 p.m., Tuesday, December 6, 2022, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Also present: Chris Johnson, Bill Nary, Caleb Hood, Tracy Basterrechea, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X_ Luke Cavener X_ Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is Tuesday, December 6th, 2022, at 4:31 p.m. We will begin this City Council work session with roll call attendance. ADOPTION OF AGENDA Simison: Next item is adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move adoption of the agenda as published. Strader: Second. Simison: I have a motion and a second to adopt the agenda as published. Is there any discussion? If not, on in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: ALLAYES. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from the Consent Agenda or -- I think that's in the wrong place. CONSENT AGENDA [Action Item] Meridian City Council Work Session December 6,2022 Page 2 of 27 1. Approve Minutes of the November 15, 2022 City Council Work Session 2. Approve Minutes of the November 15, 2022 City Council Regular Meeting 3. Approve Minutes of the November 22, 2022 City Council Work Session 4. Approve Minutes of the November 22, 2022 City Council Regular Meeting 5. Budget Blinds Water Main Easement 6. Release of Water Main Easement 2022-033771 Roaring Springs 7. Roaring Springs Water Main Easement No. 2 8. Settler's Crossing Utility Alignment Sanitary Sewer and Water Main Easement 9. Seyam East Subdivision Water Main Easement No. 1 10. Seyam East Subdivision Water Main Easement No. 2 11. Summertown Subdivision Pedestrian Pathway Easement 12. Final Plat for Prescott Ridge Subdivision No. 3 (FP-2022-0033) by KM Engineering, LLP., located at the west side of N. Rustic Oak Way, approximately 1/4 mile south of W. Chinden Blvd./State Highway 20-26 13. Final Order 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 14. Final Order for Jump Creek South (FP-2022-0031) by Kent Brown Planning, located at the northwest corner of W. McMillan Rd. and N. Black Cat Rd. on Parcel S0428449525 15. Findings of Facts, Conclusions of Law for Kingstown Subdivision (H- 2022-0045) by Kimley Horn, located at 2610 E. Jasmine St. 16. Supplemental Agreement to the Longitudinal Pipeline Encroachment Agreement Dated July 5, 2006 between the City of Meridian and the Union Pacific Railroad Company 17. Fiscal Year 2023 Cooperative Agreement between the City of Meridian and Valley Regional Transit Meridian City Council Work Session December 6,2022 Page 3 of 27 18. Professional Services Agreement with Crime Stoppers 19. Memorandum of Agreement Between the Ada County Highway District and the City of Meridian for Five Mile Creek Pathway Segment D Design and Construction 20. Approval of Purchase Order#22-0106 to Ada County Highway District for the Interagency Agreement for the Locust Grove, Overland to Victory Project for the Not-To-Exceed Amount of $1,312,293.46 21. Award of RFP and Approval of Agreement to Tonka Water for the Well 31 Water Treatment Facility Filter Equipment for the Not-To-Exceed amount of $532,200.00 22. Parks and Recreation Department: Public Art Project Updates 23. Task Order with Sector Seventeen for $8,500 in Fiscal Year 2023 for Installation of Mural at Meridian Pool 24. Professional Service Agreement with Eileen Gay for Installation of Mosaic Sculptures at Five Mile Creek Pathway Trailhub 25. Fiscal Year 2023 Net-Zero Budget Amendment to Accept Donated Revenue of $6,499.00, to Provide Spending Authority of Said Funds for Beep Beep Jeep Neighborhood Grants Project as Part of the Applicants Cost-Sharing Portion per Project Agreement 26. Fiscal Year 2023 Net-Zero Budget Amendment in the amount of $650.00 of Donated Revenue from the Blue Cross Foundation for Completion of the Mayor's Walking Challenge 27. Resolution 22-2357: A Resolution Amending the City of Meridian's Citywide Records Retention Schedule; and Providing an Effective Date 28. Resolution No. 22-2358: A Resolution Vacating the 6-Foot-Wide Public Utility, Drainage, and Irrigation (PUDI) Easements Platted on the Shared Lot Lines of Lots 4-5, 27-28, 29-30, 32-33, 45-46, and 49-50, Block 1 of Rockbury North Subdivision, Being More Particularly Described in Exhibit "A"; and Providing an Effective Date Meridian City Council Work Session December 6,2022 Page 4 of 27 29. Resolution No. 22-2359: A Resolution of the City Council of the City of Meridian, Idaho, Setting Forth Certain Findings and Purposes to Declare Surplus Property and Authorizing the Donation of Certain Computer and Equipment to Computers for Kids and the Nyssa Police Department Simison: So, next up is the Consent Agenda. Johnson: Apologies on that. Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor, I move approval of the Consent Agenda and for the Mayor to sign and Clerk to attest. Strader: Second. 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: ALLAYES. DEPARTMENT / COMMISSION REPORTS [Action Item] 30. Discussion of Civic Block Time Extension Request Simison: So, with that we will move on to Department/Commission Reports. First item up is discussion of Civic Block Time extension request. I will turn this over to Council President Hoaglun. Bernt: Mr. Mayor, before we go on, point of privilege. Simison: Councilman Bernt. Bernt: I just want to give a big shout out to my good friend Luke Cavener. Give it up. He's in the house. Good to see him. Cavener: Thanks, guys. Appreciate it. Bernt: It's good to see you, brother. It truly is. Cavener: It's good to be back. Good to be back. Bernt: All right. Meridian City Council Work Session December 6,2022 Page 5 of 27 Simison: And for a second point of privilege, Councilman Borton, do you have anything that you would like to say? Borton: Yes. Mr. Mayor, I will just continue to recuse and I don't participate in this discussion or deliberation, so I will continue that practice. Simison: Thank you, sir. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yes, Mr. Mayor. This is an item that we are going to discuss, an extension request by River Caddis for the civic block. One of the things we will hear tonight is some more numbers regarding the move of the Hunter Lateral. I want to make sure everyone understands that there -- there might be some things we can do with the Hunter Lateral. The bids that we have been receiving are for the moving the Hunter Lateral for both the River Caddis property and the area -- the property around the Methodist Church. So, that is something we are going to look -- would like to look into the phasing of the Hunter Lateral and possibly the city putting out a request for bids for that in -- in -- in phases or for the -- just the River Caddis portion of the civic block for that, maybe through a bid alternative type of thing, but, anyway, so that -- I just wanted you to be aware of that, because a time extension would allow us to do that and maybe see if we can lower the cost of--of that particular project. So, anyway, it's a --you know,just an extension request is something to allow us to make a very intelligent decision in this economy that is changing and just something to keep in mind and there might be some options for that extension that we can discuss later tonight and just keep in mind whatever we decide to do it will go back to the MDC council for their final action, since we have to be in -- everyone needs to be in agreement on -- on what to do on this. So, with that short explanation, Mr. Mayor, I think we are ready to roll. Simison: Okay. I guess I will see if there is anybody -- Ashley, I don't know if you had anything that you wanted to add or we -- we do have a representative from River Caddis here in the room or if Council just wants to dive right into the dialogue. Squyres: Mr. Mayor and Members of the Council, thank you for the privilege of being able to sit down, so I don't have to deal with my back issues this evening. Ashley Squyres, administrator for Meridian Development Corporation. Council -- Councilman Hoaglun summarized a meeting that we had on Friday with River Caddis, just brainstorming some solutions and getting prepared for this meeting. River Caddis is prepared to give a short presentation and I think it would be best to allow them to do that. I'm happy to answer any questions you all might have afterwards, but I think what is being proposed this evening in terms of the time extension, along with some of the things that Councilman Hoaglun spoke about in terms of doing some additional investigation with the Hunter Lateral I think that is something that MDC board would be very agreeable to. Meridian City Council Work Session December 6,2022 Page 6 of 27 Simison: Thank you,Ashley. And with that why don't we just invite John with River Caddis to come forward and deliver his presentation. McGraw: There we go. Sorry, everyone. John McGraw. River Caddis Development. Good to see everybody again. It's been a while. I would really like this to be a discussion today, because some of you haven't heard from us about what we have been doing and what's been happening over the past few months. So, I figured I would just kind of download some of the information that we have been passing along and the reason for this request and, then, open this up to any questions that you guys may have, no matter how difficult they are. I mean we are -- we are here to work with you. I mean the goal is to figure out how to do this project. So, whatever those questions are, however we get there, I'm hoping this information does help kind of paint a picture of what we are seeing and give a little bit of background. I will be quick on this, so --there is not too many slides. So, where we started. Yeah. You -- you guys all remember our drawings and renderings from our initial presentation. What I wanted to start off by saying is this project was financially feasible. This was -- we had run numbers, we had a similar project that had a lot of similar -- while this looked completely different, the subcontractors, the foundation, the overall design was very similar to a project that we have completed in Ada county and from that we were able to really understand what we are dealing with. In fact, so much so that when we started this project -- I mean at ground zero if you put projects next to each other, apples to apples, we started with a huge financial win on this project, because of all of the things that you mess up on a past project; right? So, we started off looking really good. Another date to remember is that January -- I'm sorry -- July 22nd, that was our contract execution date. So, at that date we are looking bright eyed, bushy tailed, ready to go. I'm pumped; right? So, we had efficiencies. We began with a financially feasible project. We spent from January to July going through public meetings. I believe it was roughly seven, give or take, between that. We navigated that process very well I thought. We integrated some of the comments from the public into our design, some of the problems that people were seeing and, you know, we flipped the building pretty much on -- on -- from our original design. So, I wanted to jump into a little bit of the timeline of what's happened since, what we have done; right? We did that predevelopment. We got our project ready for entitlements for -- through CZC. That July 22nd date was when, essentially, we were looking to pull the trigger on construction drawings. We had to do one thing first, which was spend some resources to finally understand and get everybody on board with the cost of this facility. In the -- in a parallel path we had also been working on the design and development in terms of the engineering and architecture of the Hunter Lateral. So, going through the local approvals, the regional approvals, going through all of the process and policies that are needed to vacate alleys and vacate utilities and -- and relocate utilities and going through the irrigation district. So, that July 22nd is our execution date of our contract. We pulled the trigger on a comprehensive cost analysis of this project. Now, keep in mind we had been doing rough cost estimates all the way through. We had those subcontractors. We had the same general contractor. We had the same architect. We had the same landscape architect. We had the same civil engineer for the same project. So, we were checking this whole time. It looked like it was still tracking very well, even though we were starting to see a trend in costs going up, but given that our project in Ada county that was completed was also seeing increases in Meridian City Council Work Session December 6,2022 Page 7 of 27 costs and we also had a flood and a fire -- we had two floods and a fire and all -- finished all the way through COVID. I think it was August 7th we received our cost from our contractors. August 8th I sent an e-mail to MDC requesting a meeting. The substantial increase in cost, which I will go through -- and I'm not going to go through line by line, but I picked the main ones to -- to show you kind of some of the things that we are dealing with in terms of these costs. But it was -- I mean they started off the conversation by asking are -- are you sitting down kind of thing and it was tough -- it was tough to walk through, because it was so demoralizing, so very different from where we -- where we started. So, we contacted the city about these findings and at this point we are like, all right, how do we figure out a path? We don't want to change the project. We -- we know what it looks like when it's done. We know that we can fill it up. We know we can manage it. We know where the rents are. We know what our pro forma looks like. What is this delta that we are dealing with? Is it something that we did wrong? Is it something that we have failed on and we keep running into this issue of it's just the start cost. It's just what we are receiving right now. So, then, our thought is, okay, well, maybe it's us. You know, we are from Michigan, our contractors are from Minnetonka, Minnesota. Did a great project. We paid our bills on time. We had really good references for that project and -- and how we started, how we finished. Created a lot of really good relationships with -- with government bodies, but also contractors. But maybe it's not being from here, maybe we are not getting the best prices. So, then, we found a local group as well who does a lot of similar projects and -- and, obviously, we -- you want to be loyal to the people who, you know, you go to the dance with with our contractors, but we did have to see for ourselves just in case. That was something that was happening to us. So, we went through and reran a full comprehensive analysis and they were very very close. Now, we did that for both the Hunter Lateral and we did that for all of our project costs as well and so -- and I -- and I also have Jason Densmer here from The Land Group, who ran our most recent cost analysis of the Hunter Lateral, if there are questions directly towards the engineering and design and cost that we come up with there. And so from July 22nd to today -- a short amount of time. It's not a ton of time; right? It's just a few months that we have had to really try to figure out this problem and I think on -- on our side personally, professionally, we are worried that we are not going to be able to come up with a creative solution in time, like from August 7th to December 31 st. So, we have come and asked for an extension and we believe that extension -- or we believe the reason for that is things outside of our control. We are definitely not the only people dealing with huge cost hikes or -- or interest rate hikes. We are not the only project that's like, hey, we will pump the brakes here, let's see what we are dealing with and see if this calms down a little bit. That's happening across the nation and it's happening a lot here, too, as well. So, I want to show you just really quick our cost due diligence and what I saw. So, quickly, the methodology I did MEPs -- so, mechanical, electrical, and plumbing. And, then, I did parking structure and I did the cost. I did them per unit. We had 200 units, we had 400 stalls and what you are seeing in this photo or -- or -- or this graphic is on the top you are seeing -- what we are looking at in thousand per unit for each of those and -- and I will -- I have another slide here that shows graphically a little bit, so you are not looking at the spreadsheet. Then underneath, to save you trying to stare at what those costs are, that is a cost index of -- of different cities across the United States and what we did is we measured a similar project, of similar cost, of similar size in Minneapolis and we looked Meridian City Council Work Session December 6,2022 Page 8 of 27 at historically what those costs look like against Boise; right? And so what we show there is Minneapolis, on average, because of various different reasons -- maybe it's labor, maybe it's union labor, maybe its cost of materials, maybe it's just how hard it is to do things in Minneapolis, it -- on average it's typically 14 percent higher construction cost on average across the board. So, that's just a -- just a note. So, the yellow here is where Meridian came in and I typically don't jump into our numbers, but this is what made us sit down and I wanted you to see what I was seeing, because they are so out of whack. So, parking stalls. This is hard cost per stall. We finished a project in 2021, paid 28,000 dollars hard cost a stall. So, just to give you an idea, let's -- we are saying soft costs are roughly about 30 percent. So, if the soft cost for a 35 -- and the red here is a 25 percent inflation from the Jules. So, that's where we were benchmarking, give or take. That -- that costs we are going to come back in. At 35 percent plus 30 percent soft costs, that gets you to roughly 44, 45 million and at 62,000 a stall with soft costs that gets you to 81. The gap right there alone is 14.4 million dollars. 14.4. Just in parking. Just in parking. Over and above. And you can -- the -- the percentage there and if you just look down you are looking at almost double the cost of what it cost to do in Minneapolis. So, here is a -- here is another graphic. Remember what I said, at 14 percent Minneapolis cost versus Boise, the actual index of where Boise is compared to Minneapolis is 69 percent higher than Minneapolis and so this is a -- there is something going on; right? Whether a huge project is coming in, whether I can't get straight pricing, whether -- you know, there is a lot of different things that we are dealing with that lead me to believe that this can't continue the way that it is and continue doing development. That's why everybody is kind of taking a step back. I don't believe that this is a forever thing. It's still a super desirable place to live. There is still a lot of people coming in. There is a lot of people looking for houses and looking to rent and looking to start their -- and -- and looking for places to bring their family. So, now jumping into the Hunter Lateral cost. The assumption that we all looked at 500,000 for the Hunter Lateral, in September Opus came in at 1.9. In November we reran it again with The Land Group just to make sure and Land Group came in at 1 .85, 1.86. So, a substantial increase. Now, there is various reasons for that, if you want to know a little bit better of why, we do have -- as I said Jason Densmer from The Land Group to discuss some of those. Not going to jump too far into this. The pursuit of this project, our -- our investment, a lot of design, a lot of legal, a lot of public involvement, a lot of cost for Hunter Lateral and engineering and construction drawings and -- and project meetings and policy meetings and multiple cost analysis over the last few months of us just trying to wrap our heads around this -- this issue that we are dealing with. So, the reason why we came here today -- or I came here today and -- and my father, Kevin, was going to be here, but got -- he called me at 10:00 p.m. last night and said I came down with something awful and spent hugging the toilet. So, I apologize that he wasn't here to speak, but it was better for him and everyone for -- for good reason. So, our -- what we are requesting is the time to work with everybody here to try to figure this out. We do believe that we have an awesome project and it's going to be an awesome project for a really long time. We are requesting a year, because there is so much work to do that I can't get done in a couple of months. We have to look at a lot of different efficiencies. I'm not talking about changing the project substantially. We understand that if we change anything substantially that we will have to go back and -- and -- and -- and do that. We want to take a harder look at the Hunter Lateral as Councilman -- Councilman Meridian City Council Work Session December 6,2022 Page 9 of 27 Hoaglun mentioned earlier about different cost, operations, management, how to bring this to a financially feasible path that makes sense for this project or if there is no River Caddis for the city and, then, talk about progress reporting to make sure that you know that I'm continuing to try to come up with solutions for -- for these issues. But we really -- we really would respect and request that we get this extension, so that we can look for a solution to this. So, I -- I have gone over a lot of the -- the -- the -- the summary here of -- of what we have done. I'm -- I'm grateful you guys have taken the time to hear me today, so I would like to open this up to any questions or discussions that we can have. Simison: Thank you, John. Appreciate it. And if I could just add to one thing and, you know, through the conversations that I have been a part of, understanding that the city -- if River Caddis ever decided not to build -- would be on the cost end of the Hunter Later. I in no -- in -- in my role of CEO could not come and ask Council to support a 1.8 million dollar movement of the Hunter Lateral if we were doing it today, let alone anybody else doing it. That portion alone would be the reason why I would support, you know, the extension, so we can get to that, because we -- we have to have comfort level where we would be -- I mean we just did an irrigation replacement at a golf course for that cost. You know, it's crazy to think about moving this piece of infrastructure two blocks compared to that and stuff. So, just wanted to let you know where I was on this -- is like I can't in good conscience ask the private sector or you to get behind that cost at this time for that project. It does seem to be -- even that just needs to be rescoped into what is of a feasible cost. It's an immediate need, not maybe what's best long term for the future of all of downtown, just the cost for this project. So, with that, Council, questions for John, Ashley, myself or anybody else in the room? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I know our conversation here this evening is about an extension of time and sort of a big picture question. So, I don't want to get crazy into the details on what's going to happen, you know, too far down the road. But you brought up the significant costs that you are --just thinking of significant bids that you are receiving. Being in and around the real estate market in our area, I had -- I wouldn't say a front row seat, but a second row seat to what happened during the downturn last time with commercial and residential construction and have a lot of relationships in this business and what I'm hearing is that costs are normalizing in nearly every arena, except for possibly steel and some of our HVAC, especially regarding the electrical and the microchipping in the HVAC. So, curious if you have seen that -- how recent your bids are and if you are seeing that. I know multiple large builders in our area are laying off labor and there is an anticipation that labor costs will reduce -- if not -- if they haven't already they will be reducing and -- and that shipping costs are -- are normalizing, international shipping costs are normalizing, trucking costs are normalizing, so I guess I'm trying to understand, you know, are these -- how old these numbers are and if you are seeing a change in that. I -- I agree with you these numbers do not look like what I have seen, not at-- not from an individual standpoint of folks just having worked on their individual homes and also, you know, what I have Meridian City Council Work Session December 6,2022 Page 10 of 27 seen for residential construction. So, I don't know if there is some sort of disparity between these bids in the size and scope of project that you have from what we might see with something smaller or something larger. You would think that if you are putting 300 HVAC units in that you would have a less expensive price than you would an individual unit things and like that. So, I'm wondering if you have received the impression from either our local engineering groups or the advisors that you have in Minnesota that these are normal numbers and -- or not, because I -- I don't -- I just think you haven't asked enough contractors, to --to be honest. So, curious how that conversation is played out within the advisors you have. McGraw: So, our Minnetonka group, Opus, was our first go with this and that -- those numbers came in early August. So, that's just a frame of reference of this year. That was kind of like the whole you know what moment and so we -- when we had these discussions it was -- it was the same thing that you were asking. I mean are like why -- what's going on? Because even they are saying I -- we haven't seen numbers like this anywhere. It doesn't make sense. And that -- that's all I kept hearing is it doesn't make sense. So, then, we reached out to local groups as well and we got those mid to -- I think late -- late October. So, less than a month. Or sorry. Bad math. Just about a month. Just over a month. And they were very similar and they were like I -- we don't really know what to say, but these are the numbers that they are giving us and so unless someone's ready to put a shovel in the ground today, those are the numbers that were given; right? So, the contractors are going to give us -- we are going to give them drawings or -- or -- or a level of drawings and, then, they are going to say, okay, well, that -- for that job, that project, we are going to assign a cost to it and we are going to mark it up X percent for -- for a certain amount of time going forward and these are the numbers that we are getting. So, now if we reduce these costs a little bit to where we get a little bit more comfortable, where we can say, okay, we are going to get full drawings now and, then, we can go back out and they have more information to bid on and they can get more accurate and they know that they are going to get the job, agree, completely different story. But the problem we run into, just like anything, is are you going to pull a million dollar trigger on drawings if you are 26 million dollars off and you are like we got to figure that part out first. But all really good questions that we are still struggling with, too. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Hi, John. Thanks for coming. If you get the extension -- let's say it's a six month --two six month extensions or a one year extension or whatever that ends up looking like, what skin in the game are you going to have? In other words, like what are you going to do during that time to continue investing in the project? The biggest thing I see is we have this big kind of chicken and egg issue of the drawings. It's a big investment. Most developers would move forward on the drawings if they were somewhere close to the cost that they thought. What's it going to take to move those forward? Like what are you going to be looking for in terms of milestones to move those forward? And, you know, what will you specifically be doing during this time to move the project forward? Meridian City Council Work Session December 6,2022 Page 11 of 27 McGraw: Thank you. You know, in a typical project -- right? I hate saying this, but it -- it never starts off working. It always starts off with a delta and it always starts off somewhere a little high; right? And, then, we work to bring it back down and there is always changes, there is always efficiencies that we create, especially when you don't have a prototype. I'm not using the same prototype and same drawings and just moving it city to city, it's not what we do. And so everything's different. In projects like this where and -- I -- honestly, I -- I'm in kind of a weird position, because I haven't been this far off. Like I -- I'm substantially off and I can't even say I'm substantially off, I mean it's -- I have contractors that -- that do three to four hundred million annually and they are going this is really messed up. None of this makes any sense and I rely upon that expertise and all of that. So, in terms of do I have a direct benchmark of like, hey, what's the number that I need to see to pull the trigger on drawings? I just need to see it coming down to something that we can figure out. When we start seeing numbers that are double what they are in any other market, it's hard to do anything. So, we need to see some downward trends and we might be seeing that. There are some things -- you know, we had a switch gear. We had a conversation with another folk -- another municipality that it was 51 weeks and we just did it again and it was 91 weeks to get switch gear. So, you have to purchase that switch gear 91 weeks before you can use it and that's not cheap and so there is these random things that keep happening in -- in different areas that -- that we deal with. So, that-- that benchmark that you are asking, we need to see a downward trend in cost. We do believe that that year -- and the reason why we asked for a year is that we will be able to get there. Now, if this happens sooner than we think, great, we are ready to go. We were ready to pull the trigger for CZC and construction drawings back in July. So, I'm hoping that turns a corner here in spring. But what we are hearing from experts in many different parts of the country is that it's not toward, you know, the third, fourth quarter of next year. I'm hoping that's when we see it and I'm hoping that we can come with a progress reporting saying, hey, we are getting there, we are getting closer. On top of that what are we going to be doing? If there is faith in us that we are the right partner, just like you are the right partner for us in this type of project, then, we are going to pursue different ways of construction. We are going to pursue many different subcontractors to pull this together. We are going to be running those analyses. We are going to be changing the architecture. We are going to be changing certain things to a certain level. We will, obviously, double check -- we will take some liberties as to what we are changing and making sure that it's not substantial. Like we are not going to lop off a floor, but let's just say the windows are a certain size now and we change those so that they are bigger and it looks better, those are liberties that we would take I would say and maybe that reduces the building envelope and reduce costs of the building envelope by 35 percent. So, we just need the confidence that we are still working with the city to come up with this solution and there is just -- it's hard to tell you everything. There is a ton of work. But we are -- I mean we are still stoked about this project. We still want to do it. Strader: Mr. Mayor? Simison: Council Woman Strader. Meridian City Council Work Session December 6,2022 Page 12 of 27 Strader: So, are you guys planning to act as the GC now or are you still hiring someone under GMP? Help me understand if your thoughts have changed. McGraw: That has not changed. We still have a -- a CM or GC oversee the project. Still have architect. Still have engineer. We will be creating efficiencies within that hopefully soft cost structure and how we are -- how we are developing the interior and moving things around, hopefully, so -- I mean anything that we change affects rent. Strader: Yeah. If you take stuff out it takes -- it lowers this and it -- it's a -- it's a balancing act. But -- but, no, nothing substantially has changed in terms of taking people out and switching them -- none of that's changed today, especially when we got cost back of a local group and they are -- they are right next to each other. Strader: Mr. Mayor, if you don't mind. Simison: Council Woman Strader. Strader: Yeah. You know, one concern that I have is that you guys will get into this project and let's say that the costs come down and it seems doable, you proceed and, then, partway through the project something changes again; right? I just want to make sure there is no anticipation that the city is going to work with you financially at all to complete the project, because it's -- it's just not feasible in terms of what our municipality can do, in my opinion, and I -- and I -- I just wanted to kind of clarify that, because, you know, I wondered if you were thinking of acting as your own GC and trying to put together the subs and stuff yourself and that would take on a different element of risk I think to cost overruns that would make me uncomfortable. McGraw: No. And a project this size our -- our company is eight -- eight to nine people and we are in Michigan. So, I, essentially, would have to move into a -- the construction trailer to -- to do that. And while I do love it here, I'm probably not going to do that. In terms of--just to clarify your question or-- orjust make a statement towards -- am I going to ask the city to give us a grant of some kind to cover the gap. That was never the intention. Never has been. Simison: And if I could add it wouldn't be legal, because we wouldn't own the property and we couldn't do it even if they asked, so -- McGraw: Good thing I said no. Simison: Very good thing you said no. Strader: Mr. Mayor? Simison: Council Woman Strader. Meridian City Council Work Session December 6,2022 Page 13 of 27 Strader: That's all I had for questions. I mean I -- I have different thoughts, but, you know, I -- I will just say a year is too long to me. I'm very uncomfortable with the city committing to any financial obligation for the lateral, as the Mayor said, so I'm -- I'm -- that's a nonstarter for me. We don't need to do the lateral today. It's not an obligation we currently have. I don't think that the cause of urban renewal or this project merits taking on that financial obligation. I understand there are some factors outside of your control here and that's tough. So, I get that, you know. At the same time I mean I -- I have lost some confidence, just being really honest, about this. You know, a shorter time frame -- if the city had no financial obligation, you know, could we give you two six month extensions that we could mutually agree upon to keep moving it forward, something like that, I might be able to get my head around, because, then, I think there would be some more check- in and we could see if things change or not and, then, that would give us more flexibility. But that's just some feedback for me. McGraw: Thank you. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Speaking of an extension time frame, six months, 12 months, I want to understand more about the -- the schedule that Opus put together that would effectively have started on the 1 st that was included in the packet that we have for the -- the agenda tonight and the slide that you provided. The two don't quite line up and so wanted to know if you could share your thoughts on that. The -- the schedule that Opus provided shows that the contract extension would be the --the preference is to have the contract extended through 9/5. 1 don't-- of 2023. 1 don't know which contract they are referring to. I assume it's the -- the memorandum of understanding, but I don't know what contract it's referring to or if it's referring to the purchase agreement with the city. So, if you could kind of clarify that and also help me understand if this is what you are proposing or this is just what Opus's ideal schedule would be and where some of the gaps are between like let's say the contract extension ending in September of '23, nothing seems to be happening until December of '23, can you kind of go through those first three sections with us in relationship to what you presented? McGraw: Just so I can confirm, because I don't have that in front of me, that schedule was redone and, then, submitted with the letter that I sent. Okay. So, what I had Opus do is basically just add a year from that date when we had originally been talking and said, hey, you know, there is going to be some things that are going to change. It's not necessarily that -- the Opus timeline is to give an idea of what it could look like if things did move a year, but it's purely estimated, it's not to be counted on, because everything is going to change; right? So, different things -- it gives you an idea about how long things take when certain milestones are hit and -- and that was the purpose for that. But, hopefully -- I don't want to say don't read into it too much, because things will change, but I just wanted to give certain ideas -- an updated schedule. But when you don't know what's going to happen it's hard to -- to give one, so -- Meridian City Council Work Session December 6,2022 Page 14 of 27 Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: The reason I asked that question is I have a lot of concerns we will be 12 months down the road from here and -- and having more challenging conversations given what could potentially happen in the economy and I don't want to spend another year waiting without some more specific milestones and information and, then, be having more difficult conversations at that time. So, I know that there -- that a lot of that is out of your control. I understand that. Been through these conversations many times in a variety of arenas. But I have some ideas about what I would like to see happen over the next six months that would make me more comfortable doing a second six month extension and I can certainly provide those thoughts to MDC and they can communicate that with you. But I -- I just -- you know, I don't -- I don't know -- for example, I don't know what your financing structure looks like. I don't know how much of-- of cash you have in relationship to how much you're financing or leveraging. I don't know how interest rates are affecting you guys. I don't know if you are going to have investors come to you in a year and go, gosh, this sounded really good two years ago, but we are just not liking how it looks right now and we are -- I mean that's my concern if we give 12 months, that -- that we will be there and be in no better place than we are and we have -- we have that responsibility to answer to our residents about those things. So, I just have -- there is a few things I would like some more information on that are -- that will take too long for us to discuss tonight. McGraw: Okay. If-- if I could touch on it briefly. In a good partnership you knowing what I'm doing is important. So, in terms of -- and I -- I put it in here for progress reporting, tough questions, tough conversations, tough presentations, fine with it. And, in fact, you deserve it. It's what the partnership is; right? We are both trying to work towards something. If you have questions I would rather you ask me the question, rather than assume I'm doing something poorly. When it comes to the financing, if -- I believe we went through a process with -- with the city and our financial institution who monitors how well we are doing financially and we did that privately, because we don't want the public -- and walked through what that looks like. In terms --and I didn't-- I -- I may have skipped over this for the board, but we don't go to -- historically have not ever gone to a fund or a group of investors. We have done it internally and we have some relationships that we -- that have come in and said, hey, that's an awesome project, we would really like to be a part of it, here is an offer. But we do these projects as our family, which is great. However, when you are sitting in front of a board and you are about to lose the project, you are also about to lose all the money from your family that you invested to do it. So, it comes at that risk. But we have been checked on. Once we get to that point where we are going, of course, we can have it double-checked to make sure, because you have -- we are fine with that in -- in the same form that we had before. So, we -- we do want you comfortable and it's going to come -- you know, a give and take in that relationship, but happy to have those conversations. Happy to come back and talk to you and answer questions, whether they are tough or if they are flowery and great questions. Cavener: Mr. Mayor? Meridian City Council Work Session December 6,2022 Page 15 of 27 Simison: Councilman Cavener. Cavener: Thank you, Mr. Mayor. Appreciate that last kind of round of -- of commentary, because I think it touches at least for some of my concerns. So, if I'm hearing you right, again, your request for time has nothing to do with financing and more to do with cost; is that an accurate statement? McGraw: One hundred percent. Cavener: Okay. Mr. Mayor, follow up? Simison: Councilman Cavener. Cavener: Council Member Strader I think touched on it a handful of times, about, you know, a six month with a six month -- to me interesting and -- and you haven't quite responded to kind of her -- her feedback on that, except that you kind of acknowledged that's what she said and so talk me through if you were given a six month time request with an option for a secondary six month extension, what would you hope to ascertain in the first six months and what would you think that you would need to bring back that would -- I guess what do you feel like that you would need to know a year from now, as opposed to six months from now, that would give you greater confidence about this project? McGraw: The -- thank you for the questions. So, the -- the reason for the one year was in -- in our due diligence about when folks across the country see these trends really coming downward in terms of costs, that's going to happen towards the end of next year and so if we go to six months and that still hasn't happened yet and I come back in six months and say we have -- we have exhausted the efficiencies, we -- we still saved quite a bit and we have done a great job, but we are not there yet and you are like, well, it's been six months and you haven't shown enough, then, we have invested all of that sweat equity to make this real and we still just need the bottom line cost to -- to reduce and so in a perfect world I would have asked for Q2 of '25. 1 thought that was far too aggressive. Cavener: And -- and Mr. Mayor? Simison: Councilman Cavener. McGraw: '24. Excuse me. Cavener: Yeah. You kind of get to kind of where -- where I am, which is I don't know if you are in any better place when it comes to costs a year from now. So, if -- if we are kind of in acknowledgment that we need more time than a year, let's be honest about that and if it is longer than a year I think, then, that is a good conversation for the Council to say, look, we brought in --you know, I think the term that you used when you first proposed is -- is pick the horse that you want to ride with and the Council did that and I think that we have sat side by side with you through this process and we have had hard conversations and certainly there has been mixed feelings about this project, but at the Meridian City Council Work Session December 6,2022 Page 16 of 27 end of the day if we are going to be sitting here a year from now to your point with the sweat equity that you and your family and your organization has put in and we are still not there, we need to be talking about that now, as opposed to six months or a year from now. McGraw: I don't disagree. There is one thing -- one comment I would like to add to that. So, if I didn't believe this project was viable and everyday past today we are going to be spending money on this project -- Cavener: Sure. McGraw: --that we could potentially not get back and that is our hope that we are starting to see enough downward trends that by the point that we get to this year and, hopefully, much earlier, honestly. It would be much better if it was much earlier. That we can pull the trigger on construction drawings and at least at that point, if I have came back to City Council and the MDC and we are at November and I'm like we have pulled the trigger on construction drawings, they are going to be done in January and, then, we are going to rerun the cost in February of -- of '24. So, if we are seeing that downward trend enough to mitigate and manage the risk of the project, that's where we see that this can happen and that's also why we asked for a year. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: So, all of this is predicated on the assumption that costs are going to decrease, which I think is a fairly safe assumption given what we know right now. That's the only way we can make this decision, what we know right now. I have read three articles this week with very differing opinions about what the Fed's going to do next week and interest rates. So, it's -- it really is truly an up-in-the-air situation for all of us in some capacity and I know that is affecting your decisions as well. What -- so, let's make the assumption that -- that there is -- that the costs are going to decrease and you don't get to the place that you want to be in the time frame that we hope to see it. Have you kind of thought through what your plan is at that point? I -- I just --we are --we are asking for a 12 month decision based on an assumption and it sounds to me -- and this is the first time I have actually heard you say this -- that you have a group advising you that costs are going to be at a -- at a place that are manageable by the -- by third quarter or fourth quarter of next year, based on what information -- this is the first I have kind of heard this. And, then, you know, what are you thinking as far as, okay, if we don't get there what does this look like for us? And you all have done this many times. You have no doubt been in situations where you have had to have pull the plug discussions. So, what does that process look like for you and your team? McGraw: Great questions. So, as to the cost and how we arrived at when we think that these are going to happen, yes, I'm the one saying it today, but we have arrived there from -- we have -- we have built in seven different states. We have used a lot of different contractors with a lot of different brokers and a lot of different folks working in capital Meridian City Council Work Session December 6,2022 Page 17 of 27 markets. So, a lot of it's conversation; right? And so those people have a lot of experience in the field -- experience in economic trends. Are they always right? Absolutely not. Right? They are giving us their best guess. It's the crystal ball. And I might not be helping myself by saying that, but it's true; right? We are using our best guess now to these costs going down. I have four -- five multi-family projects that I have already put off for a year, just because of this reason. Now, the difference in those markets is I'm not looking at cost hikes this absolute extreme and that's why I believe that they are going to go down and that's why I am asking for that extension and so are they going to all the way go down? They might not. But if we have that time to integrate efficiencies and -- and rework some of the -- the structure of how this building fits together cost wise, I think that there is a really good shot. I really do. And that process of pulling the plug, the investment goes away and that's a scare -- I mean I -- I made a -- my body language changed when you said that and it was almost like I laughed, but I -- I have to tell them I got to go back to our family and say it's not going to work and that goes away and that's not a -- that's not a good day for anybody. Much worse for me. But not saying that the city doesn't have the investment in it as well. We do understand that and don't take that lightly. Simison: And -- and, you know, I know Council Woman Perreault, you and I were at the ATI last week and, you know, we -- we heard rates -- those people are projecting they are going up until March of next year before we see them top out and, then, you have the -- how long will it take for those rates -- everyone's guessing. Nobody knows in this economy. I mean we -- under that scenario six months doesn't do us any good, quite frankly, because if they keep going up until that hits and it gets on top of the -- whatever it was -- I -- I don't know the financial term that they were describing, but you got to have that happen before you see all parts of the economy start to push downward and it's not going to take one month at that point in time. But they also say we in the Treasure Valley we are unique, that we -- we may not see that -- any of this downturn in -- in the way that the rest of the country may see it either. So, it's -- nobody knows. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I just want to quickly say I -- I'm sorry for that hard question. The reason I asked it is -- I think you can tell the folks that have went through the downturn and -- and those that didn't, that we always want to be more prepared than we were the last time and folks weren't asking those questions early enough and I hate having those conversations. I absolutely hate asking those questions. They sound so negative. But I -- answers to those kinds of questions help me understand the perspective that any contractor -- any developer is taking and it's important for me to understand how you are thinking through this, not just what you think about it, so -- McGraw: And I appreciate it. And -- and one more thought to that and I don't know if this helps or not, but I did share it with Liz in one of our conversations a while ago. In 2007 we built one of the largest -- if not the largest at the time student housing facility in College Station, Texas, at Texas A&M, when nobody was getting financed and we saw the trends. Meridian City Council Work Session December 6,2022 Page 18 of 27 We put it forward and it was an amazing project. Had a lazy river -- the first lazy river in the student housing facility. But it gives you an idea that not only have we been through the downturn, but we have been financed during the downturn. So, hope -- maybe that helps. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Tough discussions, but necessary discussions I think and I appreciate you flying to Meridian and having this conversation with us tonight. I -- I personally-- I -- I -- I wanted to come to this meeting tonight with -- and hear some solutions and it seems like, you know, there is just a lot of uncertainty -- no fault of your own. It's just -- I just think that's the market that we live in. I think there is a huge difference between the residential market and the -- in -- in our area and the commercial market in our area. I think we are experiencing some crazy things residentially and commercially I think that it's still gangbusters and I don't know how much longer that's going to last. Usually there is a lag between the two. I was -- I -- I'm still of the opinion -- I -- I -- I -- I'm not sure that six months is going to be enough time. I don't know that a year is going to be enough time and at the end of the day sometimes time is -- timing is everything and maybe right now at this moment just isn't the right time, you know, as much as we want it to be. I'm -- I'm -- I have always been a huge proponent of downtown. I -- I -- everyone knows that and I want the downtown corridor to be as successful as possible. I -- I -- I -- with that said I just -- I think that it's just -- right now is not the -- not the time and -- and I think that there is a greater chance that, you know, in a year we are going to have to just redo the project and have it -- because I think it's going to look substantially different. If this -- if -- if we continue to go with this project I -- I just think that it's going to get to a point, whether it's a year or year and a half from now, that it's just going to -- it's going to look a lot different than what -- than what it looks like right now. Just --for a lot of different reasons. And so I -- I'm of the opinion that I -- I'm probably in the camp -- and it looks like I'm on an island, but I think I'm in the camp of just punting. You know, I think we should wait and I am probably not in a situation right now to extend the one year. I could be talked into six months. I just don't think anything is going to happen within six months. I do believe that, you know, rendezvousing in six months, having a conversation, maybe there is a miracle, maybe something's changed. I just think a year is just way too long. So, those are my thoughts. McGraw: If I could, if you don't mind, I made an extra slide that I didn't share. I -- I did share with everybody, but I haven't really gone through it. One, I didn't know if it was appropriate and I was also -- it's also kind of leading into you not granting the extension. So, I didn't really want to show that. But I did kind of want to walk through just an idea of what does happen if you don't -- or if there isn't an extension. There is a lot of time that still has to go through with the new process; right? And what's that time -- there is still -- if a year is given and within that year; right? If a miracle happens as -- as you mentioned or if by chance this economy turns around in some aspect enough to pull the trigger, as you mentioned, the project is likely not going to look the same, which means it's going to Meridian City Council Work Session December 6,2022 Page 19 of 27 have likely less of an impact economically as a -- as a single project; right? Depending on what it is, obviously. It can be something that none of us are really thinking about that we don't know. But are we also -- if we do put this out -- and I say we loosely; right? If you do put this out are you going to get someone to respond to it that's going to create that substantial economic gain and can they guarantee it or is it going to be the same situation except for you are going to lose an additional 12 months just in the process to start it all over again and -- and I just wanted to show this slide, because it is a risk to ask you guys to give me an extension after only four to six months of us starting the process after an execution. But the upside could be higher and should be higher and it will have a lot of the things that we all discussed and all agreed upon in terms of public use, in terms of commercial use, in terms of parking, in terms of these other things. So, yes, you -- I -- I am requesting that you take a chance in -- in the partnership, but there is also a chance that nothing at all happens for a long time and you could let me pursue and see if I could make something work, because I do have a lot of things done already in terms of ready to go, pull the trigger and go. Not trying to completely change your mind, but I'm kind of trying to change your mind. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I want to wish you well on -- on changing Treg's mind, you know, so -- I haven't mastered that yet, so -- McGraw: Just provide the information and hope. Hoaglun: Mr. Mayor,just to comment. You know, I -- I -- I -- all along I have -- I have been interested in the 12 months just as it's been stated. I don't think -- think things are going to change very quickly in the future. I mean that six months --you know, it could be worse. We don't know where we are going to be. But to me 12 months was a reasonable request. However, if -- if there are things people want to put into place to check in at six months and possibly have some options, I -- I -- I -- I could go along with that. I mean that's something that -- to get the votes if we need to do that we need to do that. It's just the matter that I -- I don't think any of us -- if we had a business in the economic conditions today and our numbers were upside down for whatever project it is that you are involved with, we would move forward and put money into something that we know we could -- we could lose it all. It's just -- that's just smart business not to do that. And so we entered into this partnership at a time when things looked good. We thought, hey, we are going to get -- make this happen, it's going to move forward, and things out of all of our control have -- have changed. So, that's where we are and that's why I would support 12 months, but if you want to have some sideboards on it, let's discuss that and -- and see what we can do and -- and move it forward and -- and -- and I -- I think River Caddis should be a partner on this and hopefully, Council Woman Strader, you heard that there is no city money involved in that and Councilman Cavener had heard the hundred percent, so -- on his question. So, something to discuss. How-- how do we do it? What's the relationship moving forward? What does that look like? Meridian City Council Work Session December 6,2022 Page 20 of 27 Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. So, I just think that 12 months is too long to extend. I think two six month extensions gets you to the same place. I don't expect in six months you are going to come and say great news, all the trends have changed, but I do expect in six months that you could have figured out, you know, maybe you are going to do modular construction. Maybe you are going to do a totally different approach. Maybe you could have figured out in that time a different way to work through this and, you know, maybe you will have value engineered yourself to a better spot. So, at least there would be a progress report at that point that gives me the confidence that you didn't just like set this on a shelf, you have been working on it diligently and it's moving in a good direction and, then, you know, that would give me confidence to give you another six month extension. It's a mutual decision we would have to mutually agree on and, then, at that point, hopefully, for the second six months, your trends are going in the right direction. I just -- to me a year is a really long time to tie the city up without the ability to put this out to an RFP. Not that -- not that we would get an RFP going that would be the same project. I think it would have to be going in a really different direction. I just don't -- I don't -- I don't like tying this up for that long without kind of a milestone to very seriously check in and I feel like six months will force everyone to do that and that was my rationale for proposing it that way. Hope is not usually a strategy, but in this case, you know, you -- you may -- you may get there and I understand what you are saying and often projects do come together. Things can change. You are going to pull some levers on your end. Other people are going to pull some levers for you. You are -- you are going to hopefully -- if-- if the trends change in a positive direction a year from now, it's -- it's going to move forward. There are things you can do on your end, too; right? I mean, you know, I --we talked about some of your costs. We didn't talk about all of them. You know, the -- the finishes and stuff aren't going to move the needle, but, you know, it could very well be that the cost of concrete, for example, will change or the cost of steel will change and some of the things that -- to Council Woman Perreault's point would really move the needle. So, it could be that some of those things are evolving in a good direction and six months from now some of them aren't. But you know where the bulk of your risk is. I just feel like given the amount of work and the amount of investment if we are not on the hook to do the lateral, I'm okay with giving two 12 month extensions. But that was my --just to explain my thinking. Simison: You meant six months I'm sure. Strader: Absolutely. I'm sorry I slipped up on that. Two six month extension options to be mutually agreed upon. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Meridian City Council Work Session December 6,2022 Page 21 of 27 Perreault: Yeah. I agree with Council Woman Strader. I'm -- I am favorable to that recommendation, but I want to get clarity on what that means -- what that does mean for the timing of the Hunter Lateral. Am I understanding from reading the letter that you had sent -- reading the MDC's response, am I understanding that you are -- you are anticipating delaying the completion of the project for a year or are we talking about finding an entirely different solution for how to -- to fund it all together? McGraw: And we are talking about the Hunter Lateral, right, the funding of that? So, what I can say today is that we originally started with a rough estimate of 500,000 where the city was comfortable with a certain -- to a certain extent and so were we. But you quadruple that number and, then, we have a different story and -- and Mayor touched on that earlier. So, if we don't find a financial solution and not just -- not the financing. mean if--we may have to phase it, but if the city does not want to finance it; right? Neither does the developer, because we need to make sure -- like up front we need to make sure that, you know, as we have negotiated this process, the Hunter Lateral gets paid for by the project. If not, then, it goes to our clause in the agreement and so we have to go back and look at, okay, are there other alternatives in doing this Hunter Lateral that reduce the costs. But we have to do that together. And, then, we also have to decide is it the right time to do this or do we postpone it completely. I mean until it's the right time to do it. Because we may have to wait until it's not irrigation season to test it, but it doesn't mean that we can't do work. So, it will be a collective mutual decision to go forward, but it's just -- it's really hard to answer which way we are going to go with it, because there is so many things that we have to, one, agree on and, two, engineer. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: In your opinion do you think that the -- the -- the cost element of it could be figured out by the end of the six months? Obviously not proceeding with the work, but do you -- do you believe that those conversations can be had and funding that Hunter Lateral move the 1 .8 -- hopefully the cost won't change again. Do you anticipate that there can be a solution found by the end of the six months? McGraw: I can't confidently say either way. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: If I might jump in on this. I think, Council Woman Strader, what we are looking to do is if we can break that apart, instead of the whole project -- I'm sorry, who did I say? Simison: Ms. Strader. Meridian City Council Work Session December 6,2022 Page 22 of 27 Perreault: I'm sorry. Council Woman Perreault. Man, I just cannot figure that out. Anyway, the -- the phasing of the Hunter Lateral, if we can break that apart and look at doing separate sections and it might be the --the civic block location -- maybe costs come down, maybe they don't a lot, but by being a smaller segment maybe we can figure out a way to make that work. Maybe we work with MDC on some funding strategies that could -- could get that project done. But it will take time to -- to -- to do that. Plus, as you know, our bidding process -- process, Council Woman Strader, isn't the fastest. There is processes we have to follow by law. So, to put that out to bid and check those numbers we do need that time. So, that's where -- that's where I think there are some options that, then, in -- in six months we can come back and -- and kind of look at that and go, okay, what -- what is -- what is doable in this situation, so -- I hope that helps. McGraw: And we can work to collectively present a recommendation, too. Come up with some different plans. Simison: So -- so, Council, we have reached that point in time where -- if we were a few months down the road I would have done a hard stop ten minutes ago, but in this case we have been trying to like run us to the point that -- Caleb, I think you understand we are going to be delayed again on that topic, but do we have a direction we can -- someone want to make a motion? Is there further dialogue? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I guess not really a formal motion, but sort of a motion. So, I would move that we grant two six month extensions to be mutually agreed upon and just making it clear that the city will not take on any type of financial obligation around the Hunter Lateral construction at this time. Hopefully that's sufficient. Hoaglun: Second. Perreault: Mr. Mayor, I would -- Simison: I just had a second? Perreault: Oh, I'm sorry? Hoaglun: Second the motion. Simison: I have a second. Discussion on the motion? Perreault: Mr. Mayor -- Simison: Council Woman Perreault. Meridian City Council Work Session December 6,2022 Page 23 of 27 Perreault: -- I apologize, I didn't hear Council President Hoaglun's second. I would like to add to that that we have a recommendation for the progress of Hunter Lateral by the end of those six months. Strader: The motion maker agrees with that. Simison: Second agree? Hoaglun: Mr. Mayor, I would agree and -- and just point out that, you know, some of that's going to be on the city to -- to do and -- and I don't know what -- what that looks like in terms of -- yeah. Simison: And I would say based on the -- you know, I think that the Hunter Lateral will continue to be a joint conversation. Who pays for -- if -- if this decision is made to move it, who pays and what fashion and what point in time there is an agreement with things, but I think it will be a joint dialogue. We could put it out to bid and if they pay us for that bid, that--you know, there are ways that we may be involved in the -- in this whole process as we look at it, but I think it will continue to be under the guidelines of the agreement that we currently have in place. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. I -- I -- I think the idea would be -- just to clarify, because I think I see where Council Woman Perreault is going with it -- would be at the time that we consider the second extension for six months that we would have a mutual discussion around the strategy to approach the Hunter Lateral, just to further clarify. Simison: If it's not already been resolved by then, yes. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Yes. Thank you. I appreciate that, Council Woman Strader. The thought behind that is -- for me that's a significant element as to whether I agree to a second six month extension, but also that's right before our budget season and I would like to know if the city is committing itself to a significant amount of dollars before we go into our budget season next year. McGraw: Do you mind if I say something really quick? Simison: Yes. Meridian City Council Work Session December 6,2022 Page 24 of 27 McGraw: About the motion? Is there any way to -- I know that you have mentioned it being mutually agreeable. Is there any triggers that if River Caddis has continued to work and provide progress reports to Council or MDC, that that can be automatically renewed, so it gives us a little bit of confidence in pushing forward? I know it's a tough question, but if we are continuing and -- and really doing everything that we can and continuing to invest, it would be nice not to have it at complete discretion. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I will just-- I will respond from --from my perspective on that. Going into tonight I -- I don't think I was supportive of granting any time request. I think that the feedback from you this evening around kind of your plan to a degree almost reinforced that. I don't know if we would be any different a year from now than we are today. I know you feel a little bit differently. To me I think that six month period shows that opportunity on your part to follow through on the work that you are doing -- the progress reports that you are doing and it -- as -- as one person who will have that vote six months from now, if I believe you are making meaningful progress in a collaborative effort with MDC and the city, then, I will be supportive of granting a second six months. I'm not in favor of an automatic six month that is based on your determination that you have -- have met the intention of the Council's wishes. I think a six month is a -- it -- it's -- it's -- it's a true partnership and there this is shaking hands and saying we are going to work through this together. I recognize that so much of this that was thrust upon you and your family and your business was not of your own doing. Likewise -- and Council has touched on this time and time again. We have an obligation to our citizens and I think that a six month with an opportunity for us to come back much like we have done tonight and speak collaboratively and you asked the hard questions of us, which I appreciate and we of you and continue the strong partnership, that we can do that together. That we can do that six months from now and we can do that again a year from now and we can do this together when we cross the finish line together. So, I wouldn't be in favor of -- of any type of an automatic six month. For me I'm going to spot there, let's do six months or -- or nothing at all. Perreault: Mr. Mayor? Simison: Which way was that one? Council Woman Perreault. Sorry. You both went to the mic and I couldn't tell where it came from. Perreault: As is common, my fellow Council Members often explain things better than I do. Thank you, Councilman Cavener. That is really -- was very clear and I appreciate that and I agree with you. Just to clarify, when -- when I'm talking -- I want to clarify kind of the expectation that I'm asking for. I'm not asking that the funds be available in six months. I'm not asking that we have everything completed to start work on Hunter Lateral and six months. What I'm asking for is that there is some sort of mutual solution for how it's going to get done. That's -- that's all I'm -- I'm getting at. I'm not -- you know, that that the conversations are had and that there is some sort of verbal agreement on to -- Meridian City Council Work Session December 6,2022 Page 25 of 27 you know, what's going to happen with it, timing, and what each party anticipates their role will be. I hope that clarifies, if it wasn't already clear. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: So, as the maker of the motion I would say -- my feedback would be no option to us on your part. I think it should be mutual. But I think you have heard feedback directly from me and Councilman Cavener or Council Woman Perreault and probably have a good idea from the other Council in terms of where their head would be at at that first -- at that second six month extension. So, hopefully, that feedback is good feedback that we could move forward together. Mr. Mayor? Simison: Council Woman Strader. Strader: So, I would continue with my motion. Simison: Are you calling the question? Strader: I don't think I'm allowed. Isn't that your role? Simison: Anybody can call the question. Strader: Really? I learn something every time. All right. Simison: Technically, I can't call the questions, so -- Strader: Really? Simison: No. Strader: Well, that's fascinating. All right. Well, I would like to call the question, please. Simison: The question has been called on the motion. All those in favor signify by saying aye. Opposed nay? The ayes have it. The motion is agreed to and we have at least the city's direction that we will punt to MDC for their consideration and your consideration as well. MOTION CARRIED: ALLAYES. Cavener: Mr. Mayor? Simison: Councilman Cavener. Meridian City Council Work Session December 6,2022 Page 26 of 27 Cavener: For clarification, maybe either from you or from Mr. Nary. If I recall -- I mean with this being now volleyed over to MDC, it would take their concurrence to our motion. Could MDC disagree, what happens at that point? Simison: Armageddon. Nary: Mr. Mayor, Members of the Council, Council Member Cavener, so -- yeah. So, there is a -- there is a mutual arrangement with MDC and such. If-- if there is no meeting of the minds, then, the current agreement expires at the end of the month. Cavener: Okay. That -- that was my assumption. I just wanted to make sure that that was the case. Squyres: Mayor and Members of the Council, Ashley Squyres. I believe our board will be agreeable to this motion. What we will need to work through, however, with legal counsel on both sides is when the extension would be fully -- what the extension would -- that start date would be. Would it be January 1? Because the MOA technically expires on December 31 st. We will need to work through any other adjustments to the purchase and sale agreement and the MOAs as well, too, so -- and legal counsel is here to answer any questions you may have. Lakey: Mr. Mayor, just add to that, we didn't pursue our motion such that it was an automatic -- this is what we do. It's a negotiation of the terms in accordance with what we are talking about. So, we had some additional desires regarding the purchase and sale agreement and we will sit down with you all and try to do the -- or with -- with your legal counsel and try to do the --the Vulcan mind meld and --and get both things together. Hoaglun: And Mr. Mayor? Simison: Thank you. Councilman Hoaglun. Hoaglun: To that -- to that six month question, you know, with the expiration on the 31 st, my assumption was all along, then, it kicks in January 1 and off we go for the six month countdown. Simison: Okay. All right. Well, then, that will conclude Item 30 on our agenda. 31. Community Development: Analysis of Housing Code Simison: Item 31 we will reset to a different date. I don't know -- you will have to work with the clerk during this time to find a date. Mr. Hood. Hood: Mr. Mayor, just real quick. We just talked about next week and it sounds like that workshop is pretty full. So, then, we are at the first of the year. So, I will continue to work with your office, the Clerk, Council President. Next week doesn't look favorable, though. Meridian City Council Work Session December 6,2022 Page 27 of 27 Simison: Okay. All right. Cavener: Sorry, Caleb. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. 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: ALLAYES. MEETING ADJOURNED AT 5:50 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 12-20-2022 ATTEST: CHRIS JOHNSON - CITY CLERK 12-20-2022 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Approve Minutes of the November 15, 2022 City Council Work Session APPROVED Meridian City Council Work Session November 15,2022 Page 23 of 23 Strader: Second. Simison: I have a motion to adjourn the work session. All in favor signify by saying aye. Opposed nay? The ayes have it and the work session is adjourned. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 5:32 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 15, 2022 City Council Regular Meeting APPROVED Meridian City Council November 15,2022 Page 87 of 87 Simison: I have a motion and a second to approve Ordinance No. 22-2006. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, absent; Bernt, absent; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the ordinance is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics? Or do I have a motion to adjourn? Hoaglun: Move to adjourn, Mr. Mayor. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it and we are adjourned. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 10:40 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 22, 2022 City Council Work Session APPROVED ] 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 22, 2022 City Council Regular Meeting APPROVED Meridian City Council November 22,2022 Page 50 of 51 Simison: Council Woman Strader. Strader: I appreciate all my Council Members. I always especially appreciate Council President Hoaglun, because I feel like he always tries to find the right -- strike the right balance. I'm just going to be a no on the basis of process. Like for me I think we need to have a certain level of hygiene around annexations and I -- I would just want to see this concept plan come back. I think I can see -- I think I can see what's it's going to do, but I'm just at a point with annexations where, unfortunately, because of recent developments I have been convinced of the criticality of getting them to really -- close to the outcome that -- that we exactly think we are going to get. So, for that reason I will be a no. But I'm supportive over all of this. I think it's moving in the right direction. I think I can see where it's going to go. Thanks. Simison: Thank you. Council, any further discussion on the motion? Okay. Clerk call the roll. Roll call: Borton, yea; Cavener, absent; Bernt, nay; Perreault, absent; Hoaglun, yea; Strader, nay. Simison: Mayor votes aye. Three to two. MOTION CARRIED: THREE AYES. TWO NAYS. TWO ABSENT. FUTURE MEETING TOPICS Simison: Okay. We are at the end of our agenda this evening. Anything under future meeting topics or a motion to adjourn. Hoaglun: I move to adjourn, Mr. Mayor. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 8.54 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: Budget Blinds Water Main Easement APPROVED ADA COUNTY RECORDER Phil McGrane 2022-097204 BOISE IDAHO Pgs=6 ANGIE STEELE 12/07/2022 08:18 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0259 Budget Blinds Water Main Easement No. 1 WATER_MAIN EASEMENT THIS Easement Agreement, made this 6th day of December 20 22 between uent Blodgett, ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give,_grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and ) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenances Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there inviolation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 01/01/2020 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me on (date) by d4xn.j- 51-p e77-- (name of individual), [complete the following if signing in a representative capacity, or strike the.following if signing in an individual capacity] on behalf of Q,ue,,rT Orr— (name of entity on behalf of whom record was executed), in the following representative capacity:_l1o�vicu.44-L (type of authority such as officer or trustee) (stamp) ota igna e JOHN IitvING M�'Commissi Il ExUires:� tW�� Z.Z Notary Public-State of Idaho Commission Number 52283 My Commission Expires Jun 22, 2026 Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 12-6-2022 Attest by Chris Johnson, City Clerk 12-6-2022 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 12-6-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Version 01/01/2020 km E N G I N E E P. I N G November9,2022 Project No.21-125 City of Meridian Water Line Easement Legal Description Exhibit A A parcel of land for a City of Meridian Water Line Easement over portions of Lot 1 and Lot 2, Block 1 of Budget Blinds Subdivision(Book 124 of Plats,Pages 19770-19772), situated in the Northeast 1/4 of the Northeast 1/4 of Section 26,Township 4 North, Range 1 West, Boise Meridian,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found 5/8-inch rebar marking the Northwest corner of said Budget Blinds Subdivision, which bears N00°21'08"E a distance of 310.13 feet from the Southwest corner of said Budget Blinds Subdivision, being witnessed by a found 5/8-inch rebar,which bears N00°21'08"E a distance of 1.00 feet; Thence following the westerly boundary line of said Budget Blinds Subdivision,S00°21'08"W a distance of 310.13 feet to said Southwest corner; Thence leaving said westerly subdivision boundary line and following the southerly boundary line of said Budget Blinds Subdivision,S89°38'52"E a distance of 20.84 feet to the POINT OF BEGINNING. Thence leaving said southerly subdivision boundary line, N00°20'59"E a distance of 188.39 feet; Thence N44°39'01"W a distance of 14.00 feet; Thence N00°20'59"E a distance of 19.80 feet; Thence S89°39'01"E a distance of 20.00 feet; Thence S00°20'59"W a distance of 11.52 feet; Thence S44°39'01"E a distance of 14.00 feet; Thence S00°20'59"W a distance of 196.67 feet to said southerly subdivision boundary line; Thence following said southerly subdivision boundary line, N89°38'52"W a distance of 20.00 feet to the POINT OF BEGINNING. Said parcel contains 4,444 square feet,more or less,and is subject to all existing easements and/or rights-of- way of record or implied. All subdivisions,deeds,record of surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated. Attached hereto is Exhibit B and by this reference is made a part hereof. SNP` LANDS 5 \GENSF'o G� o� - 6662 �9 F OF 0 ccZ �4 C Y K E.�R�` It 116 W.. 5725 North discovery Way• Boise, Idaho 83713 • 208.639.6939• kmengllp.com LINE TABLE FOUND PLASTIC CAP POINT OF COMMENCEMENT LINE BEARING DISTANCE L1 S89'38'52"E 20.84 [�. L4 LEGEND L2 N44'39'01"W 14.00 Q FOUND 5/8" REBAR L3 N00'20'59"E 19.80 CALCULATED POINT L4 S89' 20.00 39 01 E L SUBDIVISION BOUNDARY LINE �2 LOT LINE L5 S00'20'59"W 11.52 to — ADJACENT BOUNDARY LINE L6 S44'39'01"E 14.00 0 — PROPOSED EASEMENT AREA L7 N89'38'52"W 20.00 Q to I m Lot 2, Block 1 0 0 0)' �/ 20' Budget B Inds Subdivision g ✓In -0) � I AI Co l /1 0) u m I ) o Lot 1, Block 1 s o o Budget Blinds Subdivision z W - � + � 16.16' o I A�3.84' 0 20 o z PROPOSED WATER r z LINE EASEMENT N 6 N m gL7. (4,444 Sq. Ft.) L1 205.91' WC D WC S89'38'52"E 246.75' 3 FOUND ITNESS PLA TICCORNER W. Everest Lane Private 1.0F WITNESS CORNER FOUND PLASTIC CAP 0 z Z r a 3 0 40 80 120 Ion (k Z6 E N G I N E E R I N G Plan Seale: 1" =40' m 5725 NORTH DISCOVERY WAY X BOISE,IDAHO93713 } PHONE(209)639-6939 Exhibit B kmengllp.com City of Meridian Water Line Easement DATE: November2022 PROJECT: �1-12s A parcel of land for a City of Meridian Water Line Easement over portions of Lot 1 and Lot 2, Block 1 SHEET: of Budget Blinds Subdivision (Book 124 of Plats, Pages 19770-19772),situated in the NE 1/4 of the 1 OF 1 NE 1/4 of Section 26,T4N, R1W, B.M.,City of Meridian, Ada County, Idaho 1 20.00 �sxv°3vnre c a 3 00 ry O — W � O G nx9°38'S2'H _QW J Title: Water Line Easement Date: 11-09-2022 Scale: 1 inch=40 feet File: Deed Plotter (1).des Tract 1: 0.102 Acres: 4444 Sq Feet:Closure=s00.2103w 0.00 Feet: Precision>1/999999: Perimeter=484 Feet 001=n00.2059e 188.39 004=s89.3901e 20.00 007=s00.2059w 196.67 002=n44.3901w 14.00 005=s00.2059w 11.52 008=n89.3852w 20.00 003=n00.2059e 19.80 006=s44.3901e 14.00 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Release of Water Main Easement 2022-033771 Roaring Springs ADA COUNTY RECORDER Phil McGrane 2022-097203 BOISE IDAHO Pgs=l ANGIE STEELE 12/07/2022 08:17 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0260 Water Main Easement Release FULL RELEASE OF EASEMENT TYPE OF EASEMENT BEING RELEASED: Water Main Easement GRANTEE: CITY OF MERIDIAN GRANTOR: Bowden Properties, INC —INCLUDING SUCCESSORS AND ASSIGNS WHEREAS, by easement dated April 6 , 2022 and recorded as Instrument Number 2022-033771 in the records of Ada County, State of Idaho, an easement of the type and nature set forth in the above-captioned title was granted to the City of Meridian, an Idaho Municipal Corporation, over and across the real property legally described therein. WHEREAS, the continuance of this easement is no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby vacate, relinquish, release and abandon the said rights and easements hereinabove referred to and described, with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 6th day of December 20 22 CITY OF MERIDIAN Robert E. Si iso Ma or 12-6-2022 C.'WE'till I M SEAL Attest by Cj�ris John �ty Clerk 12-6-2022 STATE OF IDAHO, ) : ss. County of Ada This record was acknowledged before me on 12-6-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. CHARLENE WAY Notary Signature COMMISSION No. 67390 My Commission Expires: 3-28-2028(� NOTARY PUBLIC STATE OF IDAHO Version 01/01/2020 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Roaring Springs Water Main Easement No. 2 APPROVED ADA COUNTY RECORDER Phil McGrane 2022-097205 BOISEIDAHO Pgs=6 ANGIE STEELE 12/07/2022 08:19 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0260 Roaring Springs East Water Main Easement No, 2 WATER MAIN EASEMENT THIS Easement Agreement, made this 6th day of December 2022 between BOWDEN PROPERTIES, INC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS,the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described;and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein, THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 01/01/2020 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: BOWDEN PROPERTIES, INC an Idaho limited liability company By: PATRICK MORANDI, Member and Manager STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 3 /z+ /2 ott by Patrick Morandi on behalf of Bowden Properties, Inc. in the following representative capacity: Member and Manager - - - - - - - - - - - - Lift 00 �4a55 Notary Signature NOTARY PUDAH BLSTATE OF IDA IC Y g MY COMMISSION EXPIRES OS131R025 My Commission Expires: a r/? /Z.r Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 12-6-2022 Attest by Chris Johnson, City Clerk 12-6-2022 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 12-6-2022 _(date) by Robert E. Simison and Chris Jolmson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Version 01/01/2020 ■■ Quadrant Consulting, Inc. DESCRIPTION WATER LINE EASEMENT FOR BOWDEN PROPERTIES LLC EASEMENT NO. 2 EXHIBIT"A" The following describes a 20.00 foot wide waterline easement lying within a portion of Lots 12 through 15, Block 1, Plat of Interstate Center a Subdivision, Book 74, Pages 7656-7357,Ada County Record's and also lying within a portion of the Southeast Quarter(SE1/4) of Section 13,Township 3 North, Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho being more particularly described as follows: Commencing at the southeast corner of said Section 13;Thence, along the south boundary line of said SE1/4, as shown in said Interstate Center Subdivision, North 89°46'23" West, 412.04 feet;Thence, North 01°02'27" East, 45.00 feet to the southeast corner of said Lot 15 and to the northerly right of way of West Overland Rd.; Thence, along the south boundary line of said Lot 15, North 89°46'23" West, 133.20 feet to the POINT OF BEGINNING; Thence, continuing along said south boundary line and said northerly right of way, North 89°46'23" West, 20.00 feet; Thence, departing said south boundary line and said right of way, North 00°47'09" East, 37.15 feet; Thence, North 45°47'09" East, 59.17 feet; Thence, North 00°01'16" West, 368.04 feet; Thence, North 89°59'07" East, 27.14 feet; L N Thence, South 00°00'53" East, 20.00 feet; c . 4 o Thence, South 89°59'07"West, 7.14 feet; Thence, South 00°01'16" East, 356.49 feet; ��q OF Np SUI.�-�`� Thence, South 45°47'09" West, 59.34 feet; Thence, South 00°47'09" West, 28.67 feet to the POINT OF BEGINNING, containing 0.217 acres or 9,431 square feet more or less. 1, BOWDEN PROPERTIES LLC, EASEMENT NO. 2 i w CD 37 00 O N p M O Spy 5c�. 3 g c Title: Date: 02-14-2022 Scale: 1 inch = 60 feet File: WATERLINE EASEMENT NO.2 REVISED.des Tract 1: 0.217 Acres: 9431 Sq Feet:Closure=n42.0422e 0.01 Feet: Precision=1/146292: Perimeter=983 Feet 001=n89.4623w 20.00 005=n89.5907e 27.14 009=s45.4709w 59.34 002=n00.4709e 37.15 006=s00.0053e 20.00 010=00.4709w 28.67 003=n45.4709e 59.17 007=s89.5907w 7.14 004=00.0116w 368.04 008=00.0116e 356.49 BOWDEN PROPERTIES LLC, WATER LINE EASEMENT EASEMENT NO. 2 PORTION OF LOTS 12, 13, 14 AND 15, BLOCK 1 INTERSTATE CENTER SUBDIVISION, LYING WITHIN A PORTION OF THE SE 1/4 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO 2022 EXHIBIT "B" LEGEND_ ' - - Boundary Line Section Line I / \ BLOCK — -- — — Easement No. 2 _ O 1 Found Brass Cap \ i Calculated Point s0000'SI•E POB Point of Beginning N89.59'07'E 20.00 \\ i 27.14 I I � \ S89'59'0TW \ I 7.14 00 GRAPHIC SCALE 0 150' 300' Q S. BLACK MARLIN ROADm • (3RD AMENDMENT ® Q Ig I Z TO BE VACATED) l i 8( i N Q ( IN FEET ) V) 1" — 150' N45.47'09'E I I I I 59.17—\ iS45'47'09'W // 59.34 — — — -N00 47 09'E— — SOO'47'09'W ® .87 37.15 18 POB 133.20 N01'02'27'E N89'46'23'W 45.00 WEST OVER AND ROAD 20.00 N89'46'23'W 412.04 13 J18 N89'48'23'W 2618.90' TO THE SOUTH 24 19 1/4 COR. SEC. 13 x z BASIS OF BEARINGS Q 1AJ M cc 1 46 ■■ Quadrant SU, Consulting, Inc 10W W t DWOM W Mma a..�&FM E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Settler's Crossing Utility Alignment Sanitary Sewer and Water Main Easement APPROVED ] ADA COUNTY RECORDER Phil McGrane 2022-097206 BOISEIDAHO Pgs=5 LINDSAY WHEELER 12/07/2022 08:19 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0257 Settler's Crossing Utility Alignment Sanitary Sewer and Water Main Easement SANIT WATER MAIN EASE ENT THIS Easement Agreement, made this 6thday of December 2022 between Settlers Crossing,LLC ("Grantor") and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020 ThIE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, f'or the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: W.m. David Evans, Manager Settlers Crossing,LLC STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on ()mr� (date) by M J)rl (name of individual), [complete the 7ollowing if signing in a representative capacity, or stake the following if signing in an individual capacity] on behalf of _;�A j rs l�LrtR LLQ4name of entity on behalf of whom record was executed), in the following reprekritative capacity: MaY (type of authority such as officer or trustee) 0"'I sell .. 4 00 f '♦ 4�•1y�TA//�� _ AUB L`G - Notary Signat :•ngg,,, ,� : My Commission Expires:.Ma jj 1 2D�S t1�••;'ni.No.fO.I •�0 Sanitary Se r Main Easement REV.0 1/0 1/2020 GRANTEE: CITY OF MERIDIAN r Robert E. Simison,Mayor 12-6-2022 Attest by Chris Johnson,City Clerk 12-6-2022 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 12-6-2022 _(date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature 3-28-2028 My Commission Expires: Sanitary Sewer and Water Main Easement REV.01/01/2020 MT-O ENGINEERS November 3, 2022 Project No.: 220506 EXHIBIT "A" WATER AND SEWER EASEMENT An easement located in Lots 51 and 52, Block 7 of Sundance Subdivision No. 5, as filed in Book 98, Page 12523-12526 of Plats, in Government Lot 4 of Section 31, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: BEGINNING at the southeast corner of said Lot 51, Block 7, from which the northeast corner of said Lot 51, bears S.00°00'00"W., 145.31 feet; thence, along the south line of said Lot 51, 1) N.90000'00"W., 68.82 feet; thence, 2) N.48025'18"E., 34.66 feet; thence, 3) N.90000'00"E., 55.24 feet; thence, 4) N.00000'00"E., 77.06 feet; thence, 5) S.89034'42"E., 24.00 feet; thence, 6) S.00000'00"E., 99.89 feet; thence 7) N.90000'00"W., 36.34 feet to the POINT OF BEGINNING. CONTAINING: 3,968 square feet, more or less. p,` LANDS", \'\C E N Sf'0 �Gc^ 11/04/2022 0 a 17 LP /',�jv/9 q F 0F lz�k. �Rf W M Q 1 2471 S.Titanium Place I Meridian, ID 83642 1 P: 208.323.2288 1 to-engineers.com EXHIBIT "a" LU b � ) e § ° W § - R s W ��� 2 :5 4 2 @ k j $ \ � � _ R 2 k / / k \ F � � k k / ( m � �� 7 � 2 141 Go co C6 i 2 & \ § § co < m \ y § § LU p § m \ 0 K z 2 -� c ■ = 2 / x ea ./ % ¥ \ __ o Eoo _ z e n rZ LiiEQ < ® ���/\ 3Ee6 nc \ cn k 00 Elf \ �`6 § U) \ � § &--- ----� | //\ ƒ § UJ f 2 ) oz z o Of z�\f yoJaoN � >%Zg[ 2 � kL / \ I 2 LO % 0 �- LU co w | \ � CO Z � \ � / & 7 | / kEE / Q. 4& o � 22wq '\£ 300 - m W _ - = G 1�1\ © j k < L / \ § + ƒ U3 CL \ % § LLR G j m / � ? I g a Cl W 04 R� i � LO 2 / � \ � < CN � Eu EucnGL \ CUDJ uX \ CL \ 2 W 2 § 2 NT [ - � 2 � w 2 CL \ \ F ZC CD SQ Ir LU /m .z6'gRr Q J ros z�y«r%ooN q 7 % JV Y NVIQ 7JW N % @ � E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Seyam East Subdivision Water Main Easement No. 1 APPROVED ADA COUNTY RECORDER Phil McGrane 2022-097207 BOISE IDAHO Pgs=5 LINDSAY WHEELER 12/07/2022 08:20 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0246 Seyam East Subdivision Water Main Easement No. 1 WATER MAIN EASEMENT THIS Easement Agreement, ade this 6th dayof December,;2022 between r AB OwnerV , Lt_C (" rantoe'), and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded d described; and WHEREAS, the water main is to be provided for through er oud pipelines to be constructed by others; an WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor,and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: See Attached Exhibits A and B The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way untote said Grantee, it's successors and assigns forever. IT IS EXPRESSLY ICE STO AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs an maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 01/01/2020 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Michael S. Adler STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 9/27/2022 (date) by Michael S.Adler (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Adler AB Owner XV, LLC (name of entity on behalf of whom record was executed), in the following representative capacity: President (type of authority such as officer or trustee) (staNk m �llul/►�►� V lJ�.v�ct� ice, M c �p AXt �:K M �N c^F i�i Notary Signature U'9'�c My Commission Lxnires: 14 =_ t WCOMMISSION i EXPIRES BA-2027 = q7,OF 10AXX.���``�� aii IiB%%\a Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 12-6-2022 Attest by Chris Johnson, City Clerk 12-6-2022 STATE OF TDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 12-6-2022 date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Version 01/01/2020 EXHIBIT A ADLER INDUSTRIAL BUILDINGS 326&327 WATER MAIN-EASEMENT NUMBER 1 SITUATED IN THE SW 1/4 OF THE SE 114 OF SECTION 9 T_3 N.,R_ l E.,B.M. CITY OF MERIDIAN,ADA COUNTY,IDAHO A 20 foot wide easement situated in Lot 1,Block 2,of Seyam East Subdivision,a recorded subdivision on file in Book 116 of Plats at Pages 17443 through 17447,records of Ada County,Idaho,and further described as situated in the Southwest 1/4 of the Southeast 1/4 of Section 9,Township 3 North,Range 1 East,Boise Meridian, City Of Meridian,Ada County,Idaho,being 10 feet each side of the following described centerline: Commencing at the northwesterly corner of said Lot 1,Block 2 of Seyam East Subdivision from which the southwesterly comer of said Lot 1 bears South 1*31'51"West 278.44 feet; thence along the easterly right-of-way of North Truckee Avenue South 1'31'51"West 39.06 feet to the POINT OF BEGINNING; thence leaving said easterly right-of-way South 88°28'09"East 60.00 feet; thence South 1°3 V51"West 73.00 feet; thence North 88°28'09"West 23.00 feet to the POINT OF TERMINUS, comprising 3120 square feet,more or less. —A hit ENS ` o Z�l �f 566-01.doc Page 1 of 1 EXHIBIT B MAP TO ACCOMPANY LEGAL DESCRIPTION ADLER INDUSTRIAL N BUILDINGS 326 A 327 WATER MAIN-E4 SEMEN T NUMBER I SITUATED IN SEYAM EAST SUBDIVISION !N THE SW 1/4 OF THE SE 1/4 OF SECTION 9 - — T3N HIE BM CITY OF MERIDIAN, ADA COUNTY, IDAHO Ii LOT 2 BLOCK 2 i SEYAM EAST SUBDIVISION NOT TO SCALE I I I I I ' I I I i fL-1ill, U �L1 j ' 11 W� r r c') s I , co N I Z IC Q I l z J I z3 L3 - 1 LINE TABLE I LOT 1 BLOCK 2 MI I LINE � LENGTH BEARING N t SEYAM EAST SUBDIVISION I i L1 60.00' S 88'28'09" E 1 s t = 1-2 73.00' S 1'31'51" W L3 23.00' N 88-28'09" W 1 I � I I I I i I I - t �_--------------------------- -- E. FRANKLIN ROAD �p - LAND\O S LEGEND ������G15TER�,o G�c- I — EASEMENT CENTERLINE O I EASEMENT U) ` — — PLATTED LOT LINE OF O CEO STREET CENTERLINE FN C. — — — — — EXISTING EASEMENT PAGE 1 OF 1 566 EASEMENT EXHIBITS.DWG , E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Seyam East Subdivision Water Main Easement No. 2 APPROVED ADA COUNTY RECORDER Phil McGrane 2022-097208 BOISE IDAHO Pgs=5 ANGIE STEELE 12/07/2022 08:21 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0046 SeyamEast Subdivision .ter Main Easement . 2 .ter Main Easement THIS Easement Agreement, made this 6th day of December, 2022 between Adler AB Owner XV,LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and. WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and ) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY ICE TOO AND AGREED,by and between the parties hereto,that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and aintenance, However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would "interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted. shall become part of, or lie within the boundaries of any .ter Main Easement "version 01f1f2020 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Michael S. Adler STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 9/27/2022 (date) by Michael S.Adler (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Adler AB Owner XV, LLC (name of entity on behalf of whom record was executed), in the following representative capacity: President (type of authority such as officer or trustee) (s`�Ililr►tf7�� V UI,i�LL TZ. � ��-�t�i.�`\`\���\�Np . '�p,RY PCiQ•., �� Notary Signature • My Commission Expires: y2-7 MY COMMISSION EXPIRES 8-0-2027OF _ T �NNU� �f/;11silll%%%11 Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 12-6-2022 Attest by Chris Johnson, City Clerk 12-6-2022 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 12-6-2022(date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Version 01/01/2020 EXHIBIT A ADLER INDUSTRIAL BUILDINGS 326&327 WATER MAIN-EASEMENT NUMBER 2 SITUATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 9 T.3 N.,R 1 E.,B.M. CITY OF MERIDIAN,ADA COUNTY,IDAHO A 20 foot wide easement situated in Lot 2,Block 2,of Seyam East Subdivision,a recorded subdivision on file in Book 116 of Plats at Pages 17443 through 17447,records of Ada County,Idaho,and further described as situated in the Southwest 1/4 of the Southeast 1/4 of Section 9,Township 3 North,Range 1 East,Boise Meridian, City Of Meridian,Ada County,Idaho,being 10 feet each side of the following described centerline: Commencing at the northeasterly comer of said Lot 2,Block 2 of Seyam East Subdivision from which the northwesterly comer of said Lot 2 bears North 88°28'09"West 289.30 feet; thence along the southerly right-of-way of East Lanark Street North 88128'09"West 139.30 feet to the POINT OF BEGINNING; thence leaving said southerly right-of-way South 1031'51"West 24.00 feet; thence South 88°28'09"East 17.00 feet to the POINT OF TERMINUS,comprising 820 square feet,more or less. f.>r ``� JI sk 566-02.doc Page 1 of 1 EXHIBIT B -- ^--- --- -- __ N MAP TOACCOMPANYLEGAL DESCRIPTION T ADLER INDUSTRIAL T BUILDINGS 326& 327 WATER MAIN-EASEMENT NUMBER 2 SITUATED IN SEYAM EAST SUBDIVISION IN THE SW 1/4 OF THE SE 1/4 OF SECTION 9 T3N R1E BM CITY OF MERIDIAN, ADA COUNTY, IDAHO NOT TO SCALE I I I I S E LANARK STREET N 88'28'09" W 289.30' - 1 50'00 139.30' ----- I-Y _ - - - ---- LILL 2 I I I �Ll I Y l i LOT 2 BLOCK 2 1 LOT 3 BLOCK 2 SEYAM EAST SUBDIVISION kSEYAM EAST SUBDIVISION ~ Ij LINE TABLE LINE LENGTH BEARING L1 24.00' S 1'31'51" W L2 17.00' S 88'28'09" E LANO LEGEND EASEMENT CENTERLINE n 1J1' 78 1 2 UIIlU EASEMENT v ��P G,`0 PLATTED LOT LINE C W STREET CENTERLINE 01 - — — — — — EXISTING EASEMENT PAGE 1 OF 1 566 EASEMENT EXHIBITS.DWG E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Summertown Subdivision Pedestrian Pathway Easement APPROVED ] ADA COUNTY RECORDER Phil McGrane 2022-097520 BOISEIDAHO Pgs=5 VICTORIA BAILEY 12/08/2022 09:42 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0254 Surnmertown Subdivision PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this 6th day of pecemb�i2022 , between Summertown LLC hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple-use non-motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, Pedestrian Pathway Easement REV. 01/01/2020 then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on _I D date) by��ACA-L -ne 4 (name of individual), [complete the following rf sign ng in a representative capacity, or strike the following if signing in an incliviclual capacity] on behalf of Skwx V31NA Lill,, (name fx oi,ag j on behalf of whom record was executed), in the following representative cLy rl M (type of authority such as officer or trustee) •,••••.. y • 'n S Yam' • PUBLIC N" VP�• � •;� ��°spa otary Signature •.,9 ''••••xvv►#•`� My Commission Expires: Pedestrian Pathway Easement REV. 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 12-6-2022 Attest by Chris Johnson, City Clerk 12-6-2022 STATE OF IDAHO, County of Ada ) This record was acknowledged before me on 12-6-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2028 Pedestrian Pathway Easement REV. 01/01/2020 DESCRIPTION FOT�F— SUMMERTOWN SUBDIVISION Meridian Pathway Easement A portion of Government Lot 2 of Section 1, T.3N., R.1 W., B.M., Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the N1/4 corner of said Section 1 from which the NE corner of said Section 1 bears South 89046'48" East, 2662.22 feet; thence South 35031'38" East, 67.67 feet to the REAL POINT OF BEGINNING; thence South 00019'50" East, 777.23 feet; thence 16.55 feet along the arc of a curve to the right having a radius of 26.50 feet, a central angle of 35046'29", and a long chord which bears North 1801304" West, 16.28 feet to the East right-of-way line of N. Venable Ln.; thence along the East right-of-way line of N. Venable Ln. North 00019'50" West, 759.41 feet; thence leaving said East right-of-way North 64044'15" East, 5.51 feet to the REAL POINT OF BEGINNING. �c cis CL 7 29 4F 1UA � 'G.C BASIS OF BEARINGS 1/4 S.36 S89'46'48"E 2662.22' 4N.,1 W. S.36 S.31 S.1 - --— W. USTICK RD. - --- 3N.,1 W. S.1 S.6 S35'31'38"E B•P.D.B. z 67.67' Ll I m I 0 a z I O O � n I 1 I � 4 � I ob 1 �b LINE TABLE LINE BEARING LENGTH I L1 N64'44'15"E 5.51' I + O CURVE TABLE ) + 8 I 1 CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH I I C1 16.55' 26.50' 35'46'29" N18*13'04"W 16.28' i� Z � A N to r r r IZ � W m Ico In o m z o : 0 z C 10 I ` O I I I 12 I I I I G tol CL 7 729 13 N�99110 I Z Z- CO 14 C'Q rFQF \�P �� I + y c1 N Scale: 1"=100' W. WRANGLER ST. 0 25 50 100 200 P:\Summertown Subdivision 21-579\dwg\Summertown Meridian Pathway Easement.dwg 9/6/2022 10:47:55 AM IDAHO EXHIBIT ___ AWING FOR 21B NO. SURVEY 79 9955 W.EMERALD ST. SUMMERTOWN SUBDIVISION BOI)846-8 IDAHO 83704 CITY OF MERIDIAN PATHWAY EASEMENT SHEET No. (208)846-8570 GROUP, LLC LOCATED IN GOVERNMENT LOT 2 OF SECTION 1, DWG. DATE T.3N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO. 9/6/2022 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Final Plat for Prescott Ridge Subdivision No. 3 (FP-2022-0033) by KM Engineering, LLP., located at the west side of N. Rustic Oak Way, approximately 1/4 mile south of W. Chinden Blvd./State Highway 20-26 APPROVED STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT I D A H O HEARING 12/6/2022 DATE: TO: Mayor&City Council U.S.HIGHWAY 26= FROM: Sonya Allen,Associate Planner 208-884-5533 Cr PR SUBJECT: FP-2022-0033 w Prescott Ridge No. 3 LOCATION: West side of N. Rustic Oak Way, z approximately'/4 mile south of W. Chinden Blvd./US 20-26,in the NW '/4 of Section 28,Township 4 North., Range 1 West. I. PROJECT DESCRIPTION Final plat consisting of 78 single-family residential building lots for detached homes and 13 common lots on 6.82 acres of land in the R-8 zoning district for the third phase of Prescott Ridge Subdivision. II. APPLICANT INFORMATION A. Applicant: Christen Haisty,KM Engineering, LLP—9233 W. State Street,Boise, ID 83714 B. Owner: Providence Properties,LLC—701 S. Allen St., Ste. 104,Meridian, ID 83642 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat(H- 2020-0047) and associated conditions of approval as required by UDC 11-6B-3C.2. There is the same number of buildable lots and slightly more common open space depicted on the final plat compared to that approved with the preliminary plat for the subject area. This phase consists includes phases 3 and 6 as shown on the phasing plan approved with the preliminary plat. An access easement is required for the proposed emergency access via Serenity Ln., a private street, in the adjacent Peregrine Heights Subdivision to the west. If an easement isn't attainable, a minimum 20-foot wide emergency access driveway constructed to Fire Dept. standards shall be provided to the Page 1 south to N. Backcountry Pl.between Lots 5 and 7, Block 12; and a barrier prohibiting access shall be erected at the west end of the frontage road. The frontage road may be extended in the future with redevelopment of the property to the west. If an access easement is obtained for emergency access, a copy of the recorded easement should be submitted to the Planning Division prior to the City Engineer's signature on the final plat.Note: The emergency access isn't required to be functional until the overall area of the building on the site exceeds 124,000 square feet or three (3) or more stories in height; however, the access should be planned for and constructed with the subject plat. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. 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(date: 12/22/2020) PRESCOTT PRELIMINARY PLAT SHOWING — —"��1 —•—•---- f r I— ;au moEN—. A PARCEL OF LAND SITUATED IN A PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 28,TOWNSHIP4NORTH, n RANGE 1 WEST,BDISE MERIDIAN,ADA COUNTY,"AHp = FFNP naeE•nuvnar aln,onTo I � _g OPfn SPACELUAREESF-Al —•-- e. wpm . � I Ea .� � �,' ..� v i 3 ld � 9 sEl� 0 1I TOTAL CaEN SPACE : Q a c ® - • ® .. PRESCOTT RIDGE Sl1BDIVI510N O -- - ..� urt® -- 9 ® 1 ..... ® ®':.,.,.le ® �3 ®w® MERIDIAN,IDAH4 ® I ® ® ° ® P 0 0 0 BEN N ��`� ® ® ® o 0 0 0 0 o m o � . n L Ion ' ANC INni.c o ® Page 2 B. Final Plat(date: 10/5/2022) SHEET INDEX PLAT OF B0 k—Paee —I-=—a°°"�'" Prescott Ridge Subdivision No.3 �`�`1- N'L IUT Nao ] A PARCEL OF LAND BEING A PORTION OF LOT 18,BLOCK IOF PEREGRINE HEIGHTS =Nw .-0 d,RPP reaLrs ul0— SUBDIVISION AND UNPIATTED LAND SITUATED INTHE NORTHWEST 1/40F wyrFTxin°.1. im e�o¢ea�ia ]k SxtER R-aRnDdn:OF axxms SECTION 28,TOWNSHIP4 NORTH,RANGE 1 WEST,B.M.,CRY OF MERIDIAN, - __ ] ° ADA COUNTY,IDAHO. xh ON•['f Wanr�iEs µ 2022 SB9'z5'31"E 3]9.95' REFERENCES 5 u R — Furs Ir—I ]oze e,wD]m]REmRm ce W>A c°uxm u.REeam rc SxReEr No.1—RfimR e u fi O SOOk OF Pkts w,REnn�of aH cwlm',xh.iDw° R& urs n1 6 O 8 770, RECORD OF H.1 ] 13 9 suarEF ruEelle,��Panos —O.U-,IiD4m Oq 3 lar as,Dla<N1 Penreune nel9Fu I R]. -ORD OF SWrvE1 Ho.IW3V,RECCRW OF 1P+4Wxrv.Aim- O 0, SubtllNsun Iq e . gBn 0 LEGEND VIR�3 � wWNIIH cFa w9 nn1ED ] � Q 90 p rouxD iRv wP[�IOF[D BLOCK I2 I�x w♦N ® L°nfiru-WKN RLaw aml Puss cry R.,ye) �MMfiliu ID z I � D1111"CN E R RNP 6n P b"b O ® RPIACm 1'mx /D-ixw mafiNl S SR9'y'31"E 270.12' Ca E°we i1k6a Q W,Wildfire Dr. 55]'♦9'22"e� ® 87.76�I/.-- RLaw Tnm Puss CfP NPxxSP amw o isN- R99,R wIm PI.9nc cw kL.RKS° a D sl'fn9 • "'� ®@ © @ ® ® /I ♦ —INN L°Px°cR a[r Q M3 u © LOT NONBER � = u „- om BZNWry vNE 13 � ® a,a�+ I LOT.1 aLDCK Sz -� $I mN19 219.j5 \o� xE WTh.52'k3'E 0 P ENdr uxE Q � �I�III uI o DsnrPn(sD:xmE ref E 1]'1.1P Z O OL` Q gI SURVEY NARRATIVE R]g5ti 13 x 17 36 '1 30 3�z W.SankarOF. ® 111 uio1.Eu m1�lr OF I l _ °AE ry A SxbdrhlO�N�DI VnFIR1LRE © © ® ® I IUOrt a � sET%ResEr u slant nceeon. rolroR.u1-F oaEOlm°°v E xor`newro O O Q Q W'Rrn'ine CC 411 © 1 O fi 7 +fie—m N 5 11 O weP iNsl nu 16In-oieim N u LIP BD, aLOIX] 35 MB'0 515� 3 W.PareChY4e Dr. © N11'SI'H'E z3 a q0.y 1.5xL�P 35.69'—N W® Q ® rrll © 5p fO.S.2p12 1 ® ® V U ® © 2 4 Developer PROVIDENCE E N GIN EE E0.IyH G e xaR•zs'31•w fiazR2' PROPERTIES,LLC. N00'SA'29'E ® O Merltllan,Itlah° xB°°Dxclmns3smin pr > 8 9 f0 11 l3 Ld 15 51.0' SW 1N'29'W D l00 200 300 kmaW P.mn 5 N89'75'SI'W 270A0' 1z.e8' Pr"l—NO 16 L] >8� �] Pbn SRIP'1"=10tl 5 SUMINsbn Me,1 Page 3 PLATOF Prescott Ridge Subdivision No.3 SA 7 -0- H M 7, Dl�W lAe. PROVIDENCE 9 PROPERTIES,LLC. @ —dw,ld- 19 53 27.' km EN*INEER PLAT OF Prescott Ridge Subdivision No.3 1-1.a I— .1 "O'111MA' IA- T MYZ2 UIRZ'L_E µr'-gp 11 Ill Tll 1111 1p D II 11—D TTI 'a N. IllD"l I T. NaDm O LT I'- 14 11 L1 11.1 W 42 -1 T.-I. NIT-.4111.2 WVEA�,l I N:Mll ll�I Ill. 2- T�laN IM-ZlEMN_&..M ll "M 7.W.G.M., E 1.02'N`w M. 4'm PROVIDENCE 2L PROPERTIES,LLC. h3" E V.0 IM E El I.M G Page 4 C. Landscape Plan(date: 9/24/2022) &Amenity Details OPEN SPACE TREE MCULAMN[T Ni.°S:.Mlt.. gym-rz �. PATk AY M E E CALCUWIM II TREEIIDD L, MLTREESREUVINED/ARDYIDEO Stt iiUJILM LANDSCAPE COVER '""' O .......�_.. µEWk, CA T T qP :® ro — ——-- 7 AT km -----------1---------- ------- nwrcx ut�:sE£srter u,'r VIIDSCAPE PLAN Page 5 ' -. __ r_. �-------- _: ._✓w, __ y �r7- 7 {rq•. . LANDSCAPE PLAN .-..xxt krn 2 Lq FLM E06F 3.0 krn 1 � /.'piwt�xs oxYULsl /!ypwxnx�oaipJLw naxr»ouE O • u.u.nar �.. :.. ... . C]-] ^-� � I . . � �1'L LN3: - �lVz3 �Moms• >r tl�z� �y- uF I Town Page 6 _ AMENITIES ^ '� A-P T. 00L AND CLUBHOUSE t 1360 SF BUILDING TP 54'X30•POOL �............I—" __ 17 PARKING SPACES 1� CD B-LARGE TOT LOT E -- �b C•5MALLTOTLOT p-DCIG PARKIPOCKET PARK PRESCOTT y' -- E-OPEN SPACE ��� RIDGE .. -- —� a y ,. E AID yy���� �: .°n '6 � g ,An'k VgyrL � - C a a nr k �.,yva Wig r ��in�m� I a :a :. y10 fl S A SCHEMATIC CLUBHOUSE — -.—Nu-�—_— -- -- B LARGETOT LOT i i C SMALLTOTLOT p DOG PAR POCKET PARK Page 7 D. Fencing Plan 7 XrsHEIGHr souowmFENCE �I � Q ® - g g 'HEIGHT SOLIH VINYL FENCE WITH iATTIGE TOP � z 7 O 1 Qm ® �• � dii m I I µ1wrRFcow 00-- _© F ug w WNQ KC EOUIE 8 ® Quo-r- + ®1© ©lo - w y 0 FENCE EXHIBIT Page 8 E. Common Driveway Exhibit LOT 11 IS A NON BUILDABLE COMMON LOT BUILDING ENVELOPE(TYPIGAL) WITH A BLANKET INGRESS/EGRESS EASEMENT IN FAVOR OF LOTS 9 AND 10.BLOCK 10 N SIDE 10' 20' BLOCK 30 0 I m m o wl Zo � 11 _i SIDE 0 0 L O O CO a PIN nM d 10 U —\w pfp �fv 20 I° 5 ,2, I 1 ff 1' SIDE J s ` s sloe 10' � � ENGI�N I�E R�I`NG T sD' &P MPV22 fib\°-. a.�° � d � •`�PTEOFlp��'•• `✓e - � � SIDE � � ,••`,S� . d'o'••,. csSA YF DRIVEWAY FOR LOT B.BLOCK 10 s� p TO BE LOCATED ON THE OPPOSITE V=O—M—M ON DRIVE EXHIBIT:LOTS 8-10,BLOCK 10 DRIVEOPROPERTYALINE COMMON 0(16 77 20 40 60 '•.�RrYD.... �r•r Plan Scale:V=20' Page 9 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-2020-0047,Development Agreement Inst. #2021-132713]. 2. The applicant shall obtain the City Engineer's signature on the final plat within two(2)years of the City Engineer's signature on the second phase final plat as set forth in 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 KM Engineering, stamped on 10/5/2022 by Aaron L. Ballard, shall be revised as follows: a. Note#5: Correct lot and block numbers to coincide with this plat. b. Note#15: Include the recorded instrument number for the ACHD permanent easement. c. Note#16: Include the recorded instrument number for the ACHD permanent easement(or delete note if this is a duplicate of note#15). d. Under References,R3—include the Book and Page numbers of Prescott Ridge Subdivision No. 1. e. If the medical facility property to the north isn't able to obtain an access easement for emergency access via Serenity Lane, a private street in Peregrine Heights subdivision to the west, a minimum 20-foot wide emergency access driveway constructed to Fire Dept. standards shall be depicted between Lots 5 and 7, Block 12. Note: The emergency access isn't required to be functional until the overall area of the building on the site to the north exceeds 124,000 square feet or three (3) or more stories in height; however, the access should be planned for and constructed with the subject plat. An electronic copy of the revised plat shall be submitted prior to signature on the final plat by the City Engineer. 5. The landscape plan shown in Section V.C, dated 10/3/22, is approved. 6. Prior to the issuance of any new building permit,the property shall be subdivided in accordance with the UDC. 7. All development shall comply with the dimensional standards for the R-8 zoning district listed in UDC Table 11-2A-6. 8. Address signage shall be provided at the public street for homes accessed via the common driveway for emergency wayfinding purposes. 9. Common driveways shall be constructed in accord with the standards listed in UDC 11-6C-3D. 10. Structures on Lots 9 and 10, Block 10 shall comply with the common driveway exhibit in Section V.E above. 11. The rear and/or side of structures on Lots 3-10 and 41, Block 10 along N. Rustic Oak Way 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 Page 10 that are visible from the subject public street. Single-story structures are exempt from this requirement. 12. An electronic gate that is approved by the Fire Department shall be provided for access to Serenity Ln. from the south. 13. A 14-foot wide public pedestrian easement shall be submitted to the Planning Division for the 10-foot wide multi-use pathway proposed along N. Rustic Oak Way as required by the Park's Department, prior to signature on the final plat by the City Engineer for the phase in which they are located 14. Pathways shall be constructed in accord with the standards listed in UDC 11-3A-8. 15. 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. 16. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved prior to submittal of any building permit applications for the clubhouse and swimming pool facility. The design of the clubhouse is required to comply with the design standards listed in the Architectural Standards Manual. 17. 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 General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City Page 11 of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC I I-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 Page 12 way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I 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 11-3B-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 13 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Final Order 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 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: NOVEMBER 22, 2022 ORDER APPROVAL DATE: DECEMBER 6, 2022 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 46 BUILDING ) CASE NO. FP-2021-0049 LOTS AND 18 COMMON LOTS ON ) 14.07 ACRES OF LAND IN THE R-8 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT FOXCROFT SUBDIVISION NO. 1. ) BY: KENT BROWN PLANNING ) APPLICANT ) This matter coming before the City Council on November 22, 2022 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING FOXCROFT SUBDIVISION NO. 1, LOCATED IN THE N 1/2 OF THE SE 1/4 OF SECTION 10, TOWNSHIP 3N, RANGE 1 W, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2022, HANDWRITTEN DATE: 7/31/2022, by Cody McCammon, PLS, SHEET 1 OF ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Foxcroft No. 1 -FP-2021-0049) Page 1 of 3 6," 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 November 22, 2022, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein, and the response letter from Kent Brown, Applicant Representative, a true and correct copy of which is attached hereto marked"Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at 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(Foxcroft No. 1 -FP-2021-0049) 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 6th day of December , 2022. By: Robert E. Simison 12-6-2022 Mayor, City of Meridian Attest: Chris Johnson 12-6-2022 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 12-6-2022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Foxcroft No. 1 -FP-2021-0049) Page 3 of 3 EXHIBIT A STAFF REPORTC� fE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT I D A H O DAARING 11/22/2022 Legend �C_ !!� -, - 0 Project Location TO: Mayor&City Council �4�.�C �-O L O [lam ; FROM: Joseph Dodson,Associate Planner ® R-8 208-884-5533 ���� RUT R-f15 fR-8 g UT ,CM SUBJECT: FP-2021-0049 � R-1 R 8 -15C CO R-1� Foxcroft No. 1 FP RU .b C-C R-g —RUT .. - R-15 LOCATION: Phase 1 is located at 3515 W. Pine RUT R-15 Avenue and the surrounding property M-E T �R C-N south of Pine and East of Tenmile Creek, R_ 5_ R-15 R-15 RUT r - in the NE 1/4 of the SE 1/4 of Section 10, RUT R=8 R�15 C-C C► G C_G C-G Township 3N, Range 1 W. R-40 R-4U RUT R-15 TN-C C-C 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. II. 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 .5 P�3CROPT S[JBDIVTSION t �l •.,''�. ♦ - v T-� ..; --�—•� � suEa.m"��-� p,a:a�.osre. $' S ��•. '�.�� ® © .c�,c�e�,� 0 ca � �I �_ °•�•a p titer i 'm ,.I -. '�.. xy,� �fi 1 / wwo m ~`` '1 I��`1 b J' � m � ® ® .��_� p•v 't. _ 1 H J.c r:� � :�� �` =16z r2 ® `L r TTT n ....... PLAN SHEET INDEX .aa...=•.,� :E:%: -1;TIC-} —yet q + � ,.EL1:.1.-... L=T 'Xf£T I'.Ea. I I'ITID F •� _ _ ELI'I— L—T .EE �'I{ ,�� ELT:LLE E' ''FlLEE AM - J EnEEI E > z 7 0 �,,TL. .�T T� Q y W Page 2 B. 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Ea.anln,la•a.n.11l La,x fled•;o*o W.t�Sd5•ffi.+x ■ ��,R'a��,�11>r •sac a Y]�+T u.L]re.ate e>•arii too a w Im ton * ` Ailey Englneerin�,InC. nCTf SC+'LL W FWT SEEant A a a role eats Crv+L EnolxYgae[]a1Ru+YtlncjCbO❑ 1-.1w k OVINE 1Mu.6 Page 3 FOXCROFT Sli-BDIViS10A VV- I it IMPLArM FW or 2 kk Wd Alt. ="on mor -mow 4 --------- it SL\ (i) 'GOO q) 1) 'a) M C.)l @ -a 0-0 IF �l p A SUN.Hu 4 ou MGM PNN-S ILM. Lil ZME PM JF 'MU SCALE!h--EET UP MOIL- "eialley Enginewing.Inc. ''OM CICIMEFFOCI PLAfMmf.iCADO SCE 5HLIT 9 LIM 41 SHEET 2 OF Page 4 FOXC ROFT ,5 URDI P'ISION NO, 1 Ak •}`mot.r � trux= `, OEESrEpflE�p , t ry� f i fl Lu h �' Wif H6+ 51�.M0. i •�' �..r,r �' > $ , t ' a .�1 ants SA. M/6767ati `t •� '-_.� Lam.. __ ` i4�'�1�, r�/r. .'f^• � -- — II''°M i�t EIL J � � sa o._aS_.5o EW Y , ,•� r, ~y IN' + VALE IM recl I1H'lhiTE6 e.e _ k --- t- IN -- �.. a 1rrroei WNw FAWC RALROM L [ iley Engineering,Inc. sa sww:w s FM timl o,.w nam CMk wwKMmllPLMwEIwICADD Page 5 -P"I C. Landscape Plans(Revision date: 8/16/2022) 71y:: � WT I! IT �1, k � - - Ste•+� � - a � ITV ,.. ,;� !J� LIM— VI .-. q1 •1, r s mw — _��� ..� �- ��_.. ���' .`Y .- {#L CSC .. �1� y �.,� �= it �:� °� -. •' • f '1 k" - z o PST SGh�DIJL� gATC Z14 Lam 1 N W r. \ "" Z 0 iC 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: Coss— Cks ' BETWEEN F XCR FT N D M LE IH1 • u L 0 t � 4 wD' J i i I TI 1 DRIVE T ----'- LOT 11 BLOCK —OXCROFT SUB NO . 1 C-'.' — ACCESS EXHIBIT Rile Engineering, Inc. 1 -w OML ENGINEERINGIPUMNING I CADD 1119 C.STATE ulT1EFf,SUITE 21U Ta 208 9m 0019 SCALE IN FEET EAGLE. IU&B1d .. „ Page 8 E. Common Drive Exhibits (Lot 9 &Lot 14): - . - F BLDG AREA d � r� r i� � T 15.fl4' ---� �� t ,— ---,--------- I I — ------------- -- -- --------------- 5.W IF 5-00 BLDG AREA ff ¢ a F. BLDG AREA Rrpl 3010 Sf aFE4 VGM 3010 SYF --- _---_— now _ — — —is �( Y 0 10 so -io FOX R O F T SUB CIO. 1 '--ALE flu ff-E-r LOTS 7 & 8 BLOCK 1 SHARED ACCESS leiQcmmmm mid= CAOLAiley Engineering, Inc. 2.0' SHARED DRWE Cm UmEouwa jPumim I CADD TYPICAL SEAT ON +,,ac so-s srPm LLATc -o R I Ar-a..,,_, i!4r OiM'f. rar-.6ww t MDT 1�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 „'$IL �l Ad.-1. :A 1 J�V 1LI J r,ac a�r:i. oon 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. I 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 1 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 I I 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 11-313-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the 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 I V 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 11-3B-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 From: kent brown To: Joseph Dodson Cc: Bill Narv;Charlene Wav;Chris Johnson;Joy Hall;Kurt Starman;Bill Parsons Subject: Re: Foxcroft No. 1 Final Plat-Staff Report Date: Tuesday,November 15,2022 2:22:29 PM External Sender-Please use caution with links or attachments. City Staff, The developer and project engineer have reviewed the staff report and we can comply, and are in agreement Kent Brown On Mon,Nov 14, 2022 at 9:52 AM Joseph Dodson<jdodson cQmeridiancity.org>wrote: Hello, Attached is the staff report for the final plat for Foxcroft No. 1 (FP-2021-0049). This item is scheduled to be on the consent agenda at the City Council work session on November 22, 2022. The meeting will be held at City Hall, 33 E. Broadway Avenue, beginning at 4:30 pm. Please call or e-mail with any questions. If you are not in agreement with the provisions in the staff report, please submit a written response to the staff report to the City Clerk's office (comment&meridiancitv.org) and me as soon as possible and the item will be placed on the regular meeting agenda at a subsequent meeting for discussion. Thank you, Joseph Dodson I Current Associate Planner City of Meridian I Community Development 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208.884.5533 1 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention,and may be released upon request,unless exempt from disclosure by law. Kent Brown Kent Brown Planning Services 3161 E. Springwood Drive Meridian, ID 83642 P: 208-871-6842 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Final Order for Jump Creek South (FP-2022-0031) by Kent Brown Planning, located at the northwest corner of W. McMillan Rd. and N. Black Cat Rd. on Parcel SO428449525 APPROVED BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: NOVEMBER 15, 2022 ORDER APPROVAL DATE: DECEMBER 6, 2022 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 20 BUILDING ) CASE NO. FP-2022-0031 LOTS AND 4 COMMON LOTS ON ) 3.57 ACRES OF LAND IN THE R-8 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR JUMP ) APPROVAL OF FINAL PLAT CREEK SOUTH SUBDIVISION. ) BY: KENT BROWN PLANNING ) APPLICANT ) This matter coming before the City Council on November 15, 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 JUMP CREEK SOUTH SUBDIVISION, LOCATED IN THE SE 1/4 OF THE SE 1/4 OF SECTION 28, TOWNSHIP 4N, RANGE 1 W, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2022, HANDWRITTEN DATE: 9/9/2022, by Cody M. McCammon, PLS, SHEET 1 OF 4," is conditionally approved subject to those conditions of Staff as set forth in ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Jump Creek South Final Plat—FILE#FP-2022-0031) Page 1 of 3 the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated November 15, 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. 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- ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Jump Creek South Final Plat—FILE#FP-2022-0031) Page 2 of 3 eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 6th day of December , 2022 By: Robert E. Simison 12-6-2022 Mayor, City of Meridian Attest: Chris Johnson 12-6-2022 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 12-6-2022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Jump Creek South Final Plat—FILE#FP-2022-0031) Page 3 of 3 EXHIBIT A STAFF REPORTC� fE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT I D A H O HEARING 11/15/2022 Legend � DATE: Project Location ._,.., TO: Mayor&City Council L FROM: Joseph Dodson,Associate Planner 208-884-5533 � � SUBJECT: FP-2022-0031 -- Jump Creek South Subdivision FP LOCATION: The site is located at the northwest corner _ of W. McMillian Rd. and N. Black Cat Rd. on Parcel SO428449525 in the SE '/4 _ a of the SE 1/4 of section 28, Township 4N, Range 1 W. I - b I. PROJECT DESCRIPTION Final Plat consisting of 20 residential building lots and 4 common lots on a portion of 3.57 acres of land in the R-8 zoning district,by Kent Brown Planning. II. APPLICANT INFORMATION A. Owner: Corey Barton,Challenger Development— 1977 E. Overland Road,Meridian,ID 83642 B. Applicant: 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-2022-0006) as required by UDC 11-613-3C.2. The submitted plat includes the same number of buildable lots permitted with the preliminary plat approval. Furthermore,the submitted plans depict the code compliant street buffer to McMillan Road,the corrected common drive exhibit,and the same amount of common open space as previously approved for this project. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. Page 1 V. EXHIBITS A. Preliminary Plat(date: 9/24/2021) ff� •4 -� FR P1At FOR FUZK SU O --'' I L ' �ii --•—•—•—•-----•-- S L V 1 I � i7i+iil I L I • � Ma v MMp CREEK SITE Yt __ �_—.sinL9liJd._._._.—.�.�_—.—_,.—.—.�.--M1••.SIRIL. ■ e 11 V°' rl i_ I I _�i_r-i ami i.J�__� I �i_4.J L_.�I-_.�i__J L---J I---� •4- e I sP •�•�" �E 11Y PLAN SHEET INDEx S t PFk-1 -PWWMA1Y PIA},WNIN MN. TMM a NOTS PR-2 —Wkf WY ENWEER- PP-S -IRLIM US""""IPP-a tiQJACUC1 PPOPOanN ALYRi, n w x._®.m.��. } a IL v 74 m J L N > ERZ Page 2 B. Final Plat(date: 9/9/2022) PLAT SHOWIHG -4 MMHOWN 6 LOT T SOCK A Mff%R&i LOEATO M TiE 5E I^Or 1W X 1/4 W WCT"20.r.4H.,Ot 1K,OME MOMMMK CITY OF 4MENAN.t4OA COLMlTY,IDA40 IIC72 r7'Efr � tr�rl4i trot„Sru Mx.rl�.�ue bey-�p�.[t�w��.�tp�ewaiW r 1x4w�ivw iO t1 ]fl 8[] 140 9Mew�.,w-•.we.rM'.we',nM wo-rM a!•ly!r�p Wt drxe en•X�r r.w• l w..i.wM.�w .awh qw w ernr�.�.■�w,r.,4r.MFl.� sC411'tk TEET shktm" ea aaRX�•^ nn�4wa caor saw•Kra.m�,r nr,.ac wp�ra.r re�warr SI6ID� 4,n.M♦r,RMwr F rlyl..nwrn 4r�wr.+�w•rhAlw N X Xw rrw F arNw N Ft W.Q4l p W4 xF�lyd q xa,vYL IN I+dTfllird[8i. H rrr 1w w��¢Si]TM rw M sxwar,_n.ext R roRr�r b.oar R r ray.yrsw oXpnorr.�wptrAt.t>a xi Stwi xe¢w XaYp.WJ•he 4+rG JAR tA� r r,•++r••!aF bw r,r w..can rrr.rrwo r�tr.rr r rpq. WY`4ft x¢r n a n. No�ur xx •�rN�gi.a on��M [1G11K l APGY 3.. r b•.sa r`(�1.�..M r Ma.max o r.r br.�r!d ar rt car iLl�FOG 1!hwT. �r����� L'1 , ��x.W W r LMIr�MW.IyY ri J Y[tllprr W Jrrwtrh Fr 9w...r.pWb .. S�g�1F.. • wMW.r rd 6M 1Wtr��'�T nR,r r x,Rtrr r�i-r1w daw to MxrO .. d � 7 lrY rx S N A YIM i4 we.nrrxn hY✓M rxw a w,ixl e4+.s�hFr b].x� ��•... r fPaa pi+6-MitN � M�,tr-.--_ Y4 A 9YIW L_....GIYrM-9t.xd tk ..•trro•�rXr 0 I io tr.le.t..•ram,•awr r..care.ire..r.....• I `i �,• � � tT tw a rtr,wsa sre�,r�t-s iwK. .i S e £ amnn L —._. ¢ {I Q 0 0 ' YJI xrr'd• w a w s ® RAKT 6 .—_. Miramc+wrier"----- iwrlr4rw 4rIr i] WJT.OlYLF _�•._ ___��.. ...�... I E(;Et] lap IIOIri.F GV16W 4 Rom'{l xYl.w lrr y N 6xL TMu ! k. -CfM�A13+Jri1Y] ________ ���1 trC f�ht7 • 1W 1/Fti slu.exun.uc ins caret �"^"',^!• w 4 war w �+Lw�x crrr var caw w +•J 1 rg si4T 7 IN; —_—_— per{.e.�T�K • Kwr a4r .s mrxJe ur a as w:Y xn x••xrw¢vt rr.�ex �i Ft. 101 ue M A mw q?T M'f •rrnmn fYaSW 7d' _ v�.,iam,.r u �w'�s�Crir fmw m mar ckftkyEWmeri g,Inc u tldtQ Is� W wN 1w a R� n4L nv •malt frasn' ��bb� tTt1, xs roK.sr,�r.tttxs, wTnrP�.4liew Ae,.n� a rr n s+,ran •naor m�eirrart ChLq QYG EPP 61 PIMeLMC1CAM ■s 4¢R s e�vetn - Page 3 C. Landscape Plans(Revision date: 9/21/2022) ■ C w.. c KAFt. LANDSCAPE LEGEND r) e,eenre nxm,e "'awnrrw,cw.c• - f. be- PLANT fwE natal nO.,fnB ' 1 �1'w r■allwrm �� SCHEDULE 1 ' mail • Yi NS{ • �^:.. _ f.1 � �� ■. Y e A.r. O � i ..acrl-4a:,fr h•St�': rn.+�errrrre ,r � .� , ----------- ... -------- • .......r........ .r..t'... - RAN.MER IMM .r.fir.• . ii ELM SKEET L1.10 FOR OVERALL LANDSCAPE FIIASING PLANS, SEE . — - Ski' L2.10 FOR LANDSCAPE NOTES. AND PLANTING DETAILS Page 4 ulc. - — !LANDSCAPE LEGEND o a _ f IetacK� zr PLANT SCHEDULE 4a _ Ommt TIT � - -s- -..- -•~.....-•. .:ir�d.�.� '_`1a?- .,�.:Prr;�;`:f+ti :7w�-J .mac .d e PLAN-AFKA F Me�y m� ei fi/1111.111'L7�"1rr"GT_ fl r��T� •JYifdFl 72 Pr.&V& �1,910 FM laAMIOCUL" L1.1.4 M711L ur ri.ANTWO nWr3LOII G Page 5 D. Gated Access Exhibit: ACTED EMERGENCY ACCESS GATE TO MEET ALL FIIE EP RTM ENT REQUIREMENTS UIF EMENT SIDEWALK TO EMAEN CLFAR W RIVA PAPRI ST SIDE1 A K TO REMAIN CL EAR P w LOCK 2 9r017 JUMP CREEK SOUTH SUBDIVISION GATED ACCESS EXHIBIT ley Engineering, Inc. 140 CIVIL ENGINEERING I PLANNING I AI D 1119 E.STATE—[=,SUrrC 21-0 TM 2N 9M Ma SCALE IN FEET EAGL-0Offil6 Page 6 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development: AZ-14-011 (DA instr. 2014-105206); PP-14-013; FP-2022-0004; H-2022-0006 (PP). 2. The applicant shall obtain the City Engineer's signature on the final plat by July 12,2024, within two(2)years of the date of approval of the preliminary plat findings (July 12,2022), 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 Idaho Survey Group, stamped on September 9,2022 by Cody McCammon, is approved with the following conditions to be completed at the time of Final Plat Signature: a. Plat note#8: add recorded instrument number. b. Plat note#9: add recorded instrument number. c. Plat note#11: add recorded instrument number. d. Add plat note stating the plat is subject to the recorded DA(DA Inst. #2014-105206). 5. The submitted landscape plans, as shown in Section V.C,prepared by South,Beck, &Baird, with a revision date of 9/21/22,is approved as submitted. 6. 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 General Conditions of Approval 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 3. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I"map with bearings and distances(marked EXHIBIT B) for Page 7 review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 5. All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 6. All irrigation ditches, canals,laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In 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. Page 8 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 project. 20. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.ora//public_works.aspx?id=272. 21. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 22. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. Page 9 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Findings of Facts, Conclusions of Law for Kingstown Subdivision (H-2022- 0045) by Kimley Horn, located at 2610 E. Jasmine St. APPROVED CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EPI N,, AND DECISION& ORDER In the Matter of the Request for Annexation of 8.20-Acres of Land with an R-8 Zoning District; and Preliminary Plat Consisting of 28 Building Lots and 6 Common Lots on 8.20-Acres of Land in the R-8 Zoning District for Kingstown Subdivision,by Kimley-Horn. Case No(s).H-2022-0045 For the City Council Hearing Date of: November 22,2022 (Findings on December 6,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of November 22, 2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of November 22,2022, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 22, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of November 22,2022, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR KINGSTOWN-AZ,PP H-2022-0045 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 22,2022,incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for annexation&zoning and preliminary plat is hereby approved with the requirement of a development agreement per the provisions in the Staff Report for the hearing date of November 22,2022, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR KINGSTOWN-AZ,PP H-2022-0045 -2- A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of November 22,2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR KINGSTOWN-AZ,PP H-2022-0045 -3- By action of the City Council at its regular meeting held on the 6th day of December 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 12-6-2022 Attest: Chris Johnson 12-6-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 12-6-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR KINGSTOWN-AZ,PP H-2022-0045 -4- EXHIBIT A STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT I D A H O HEARING November 22,2022 Legend DATE: P� Lx a=or TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: Kingstown H-2022-0045 --- LOCATION: 2610 E. Jasmine St., generally located in the south 1/2 of Section 32, TAN.,RJE. --- (Parcel#R4582530400) At the recommendation of Staff, a revised conceptual plat was submitted that depicts a reconfiguration of lots within the plat resulting in a reduction in building lots from 28 to 26 and an increase in common lots from 6 to 7 for a gross density of 3.17 units/acre(see Section VIII.B). If the Commission recommends approval of the revised conceptplan, an updatedplat, landscapeplan and open space exhibit should be submitted at least 10 days prior to the Council meeting and the staff report will be updated accordingly. I. PROJECT DESCRIPTION Annexation of 8.20 acres of land with an R-8 zoning district; and preliminary plat consisting of 28 building lots and 6 common lots on 8.20 acres of land in the R-8 zoning district for Kingstown Subdivision. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 8.20 acres Future Land Use Designation Medium Density Residential(MDR) Existing Land Use Single-family residential(SFR)/ag Proposed Land Use(s) SFR Current Zoning Rural Urban Transition(RUT)in Ada County Proposed Zoning R-8(Medium Density Residential) Lots(#and type;bldg/common) 28 building/6 common Phasing plan(#of phases) 2 Number of Residential Units(type 28 single-family detached units of units) Page 1 Density(gross&net 3.42 units/acre(gross) Open Space(acres,total[%]/ 1.23 acres(or 15%) buffer/qualified) Amenities Picnic area in a 5,000+square foot area;and dog waste station Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date 4/7/22 History(previous approvals) INone B. Community Metrics Description I Details Page Ada County Highway District • Staff report Yes (yes/no) • Requires No ACHD Commission Action es/no • Existing There are(3)existing stub streets to this property(i.e.N. Conley Ave.,N.Rogue Conditions River Ave.,and E.Jasmine St.) • CIP/IFYWP • Locust Grove Road is scheduled in the IFYWP to be widened to 3-lanes from Ustick Road to McMillan Road. The design year is scheduled in 2025 and the construction date has not been determined. • Wainwright Drive is scheduled in the IFYWP for the installation of wayfinding and bikeway signage in 2024. • The intersection of Ustick Road and Locust Grove Road is listed in the CIP to be widened to 7-lanes on the north leg,6-lanes on the south,6-lanes east,and 6-lanes on the west leg,and replacelmodify the signal between 2026 and 2030. Access(Arterial/Collectors/State Access is proposed via the extension of existing stub streets from adjacent H /Local)(Existin and Proposed) neighborhoods. Proposed Road Improvements None Fire Service See Section IX.C Police Service No comments received. West Ada School District No comments received. Distance(elem,ms,hs) Capacity of Schools #of Students Enrolled Wastewater • Distance to Sewer Services Directly adjacent • Sewer Shed • Estimated Project Sewer See application ERU's • WRRF Declining Balance Page 2 � 1 1 4 .-i2i::;Y���"��..��'J -laid � � � ■�� >:LLAN .# '- pit . — — r ii��� a .�7•;�����'' _ ..." LUr .... bNo r. -� r Mtn W1 ' • • • ■+� T CF USTICK, -E ■ Rlei 116 :; MR.pmLrt.ria ��]f��' •p. ..S . 'U3 ■ - •i n `I�}�W I+i�fil.�.i= S - �..�. :-r������ Ni ..nn.n'Ifr ni..i. ���� __' " .i= 1 _=i :} ■ 11 IINIIIII 2., _ 1111�1 • °a a� ' '+IIHIIMill 0 :2; --'v'.--•• "s� �____a �•� _� � '•�'.� 'y�� �a�r,7 SDI.".= .°'•_ - — •.' L•{sr•:�-� rz�. .�y+l ��:1:=� '�, - �j ■ • •'�I ��:. �'=J iniiii �l�n nr w'�TiUS:i=l:::. SIN 'z�t :� "• � _ �Illi lliiiilllll s �2'+, -"„ 3--•' c: I-�r�',",'�.��■�' . 1• III. APPLICANT INFORMATION A. Applicant: Nicolette Womack, Kimley-Horn—950 W. Bannock St., Ste. 1100,Boise, ID 83702 B. Owner: Robert Hilton,High Lakes,LLC—PO Box 1436,McCall, ID 83638 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 8/17/2022 11/6/2022 Radius notification mailed to property owners within 300 feet 8/11/2022 11/4/2022 Public hearing notice sign posted 8/8/2022 11/10/2022 on site Nextdoor posting 8/11/2022 11/4/2022 V. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is designated as Medium Density Residential(MDR) on the Future Land Use Map (FLUM)contained in the Comprehensive Plan. This designation allows for dwelling units at gross densities of 3 to 8 dwelling units per acre. The subject property is an enclave surrounded by single-family residential properties on land also designated MDR on the FLUM. The Applicant proposes a 28-lot subdivision for single-family residential detached homes at a gross density of 3.42 units per acre,which is within the desired density range of the MDR designation. TRANSPORTATION: The Master Street Map(MSM)does not depict any collector streets across this property. Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) The proposed single-family detached dwellings with a mix of lot sizes will contribute to the variety of housing options in this area and within the City as desired. Single-family detached homes exist to the north, west and south and are also in the development process to the east; multi family apartments exist in close proximity to this site to the southeast. Page 4 • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. • "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City."(2.01.01 G) This area consists primarily of single family detached homes with some multi family apartments to the southeast; only single-family detached homes are proposed within this development. The proposed development offers a variety of lot sizes from 4,000 to 11,730 square feet(sf.) with the existing home on a 22,912 sf. lot. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) Although the gross density for the overall development at 3.42 units/acre is within and at the low end of the desired density range in the MDR designation, the lot sizes proposed in the first phase along the north boundary are not compatible in size and provide a poor transition to existing lots. The proposed lots in Phase I are mostly 4,000 square feet(or 0.09 acre), while the abutting existing lots in Zebulon Heights and Champion Park subdivisions are 0.25+ acre in size. The transition from proposed to existing homes along the north boundary range from a 2:1 to a 5:1 transition. A better transition in lot sizes should be provided. No buffering or screening is proposed. The lot sizes proposed along the eastern boundary in Phase II are much larger/wider and range from a 1:1 to 1:4 transition.A better transition in lot sizes should be provided in this area as well. No buffering or screening is proposed. The transition/lot configuration to the south and west is adequate as the lots are turned perpendicular to the existing lots. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed and existing adjacent uses are all single-family residential, which should be generally compatible with each other; however, the lot sizes proposed along the north and east boundaries are not compatible with abutting residential lot sizes and may present conflicts due to not enough transition in lot sizes. • "Support infill development that does not negatively impact the abutting, existing development. Infill projects in downtown should develop at higher densities, irrespective of existing development." (2.02.02C) The proposed infill development will likely negatively impact abutting homeowners to the north and future homeowners in this development along the eastern boundary in Phase II as there is not a compatible transition in lot sizes in these areas. Staff recommends the Commission and Council consider testimony from these homeowner's in determining if the proposed development will negatively impact the abutting existing development(see letters of public testimony from neighbors). • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems with development of the subdivision;services are required to be provided to and though this development in accord with Page 5 current City plans. • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D) A 10 foot wide multi-use pathway connection is required between N. Conley Ave. and N. Rogue River Ave. in accord with the Pathways Master Plan. This pathway will provide a link between Champion Park and Zebulon Heights subdivisions. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks are required to be provided with development of the subdivision. • "Eliminate existing private treatment and septic systems on properties annexed into the City and instead connect users to the City wastewater system; discourage the prolonged use of private treatment septic systems for enclave properties." If annexed, the existing home will be required to abandon the existing septic system and connect to the City wastewater system. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) Development of the subject infill parcel will maximize public services. VI. STAFF ANALYSIS A. ANNEXATION(AZ) The Applicant proposes to annex 8.20 acres of land with an R-8 zoning district. A legal description and exhibit map for the annexation area is included in Section VIII.A. This property is within the City's Area of City Impact boundary. A preliminary plat and conceptual building elevations were submitted showing how the property is proposed to be subdivided and developed with 28 single-family residential detached dwelling units at a gross density of 3.42 units per acre(see Sections VIII.B, E). Single-family detached dwellings are listed as a principal permitted use in the R-8 zoning district per UDC Table 11-2A-2. Future development is subject to the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. This partially developed property is an enclave surrounded by existing and future single-family residential detached homes to the north(Zebulon Heights), south and west(Champion Park) and those in the development process to the east(Delano). As noted above in Section V, development of infill properties is supported provided it doesn't negatively impact the abutting, existing development. Because of the lack of adequate transition in lot sizes to the north,the proposed development will likely negatively impact abutting property owners.Additionally,the lack of transition in lot sizes along the east boundary will likely negatively impact the future owner of Lot 4,Block 3. Therefore, changes to the development plan are necessary to provide a better transition in lot sizes in these areas.Letters of testimony have been submitted by some of the adjacent existing residents requesting a better transition in lot sizes and density is provided. One option would be to"down-zone"to R-4,which would require minimum lot sizes of 8,000 s.f. instead of 4,000 s.f., and a minimum street frontage of 60 feet instead of 40 feet,which would be result in larger,wider lots for greater compatibility with existing abutting lots.However,with the amount of right-of-way being provided with the extension of three(3) existing stub streets,the Page 6 retention of the existing home, and the provision of the required common open space,this would bring the gross density of the development below the minimum desired in the MDR designation. Another option would be to stay with the R-8 zoning and reconfigure the lots along the north boundary in Phase I so that wider lots are provided in that area resulting in larger,fewer lots for a better transition; and add lots in Phase II resulting in smaller,narrower lots for a better transition to existing abutting properties—Staff prefers this option as the density should still be consistent with the MDR designation and the zoning would be consistent with that to the south,west and east. Staff recommends the Applicant make these changes to the plat& submit revised plans at least 15 days prior to the City Council hearing.A draft should be submitted to Staff prior to the Commission hearing demonstrating how these changes would affect the overall density and transition to adjacent properties. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-6511A. If this property is annexed, Staff recommends a DA is required with the provisions discussed herein and included in Section IX.A. B. PRELIMINARY PLAT(PP): The proposed preliminary plat consists of 28 building lots and 6 common lots on 8.20 acres of land in the proposed R-8 zoning district. Proposed lots range in size from 4,000 to 57,541 square feet(s.f.) (or 0.09 to 1.32 acres). The proposed gross density of the subdivision is 3.42 units per acre. The subdivision is proposed to develop in two (2)phases as shown in Section VIII.B. Existing Structures/Site Improvements: There is an existing home and several outbuildings on the property that are proposed to remain until development of Phase 2.With development of Phase 2, all of the existing structures will be removed except for the existing home,which will remain on Lot 3,Block 3. Prior to the City Engineer's signature on the second phase final plat,all existing structures that do not conform to the setbacks of the district are required to be removed. Dimensional Standards (UDC 11-2): The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. The proposed plat appears to comply with the dimensional standards of the district. Access: Access is proposed from the extension of existing local stub streets(i.e.N. Conley Ave.,N. Rogue River Ave. and E.Jasmine St.)from the south,north and east. Landscaping(UDC 11-3B): No street buffers are required per UDC Table 11-2A-6 for internal local streets. Common open space landscaping is proposed as shown on the landscape plan in Section VIII.C. There is a total of 176 existing trees on the site totaling 2,232.5 caliper inches(see existing tree inventory and plan in Section VIII.D).A total of 1,520 caliper inches are proposed to remain with 712.5 caliper inches proposed to be removed. A total of 391 caliper inches are required for mitigation as set forth in UDC 11-3B-IOC.5; a total of 170 is provided,which is 221 less than required. Staff recommends one(1)2-inch caliper tree is provided in the front and back yards of each building lot toward the mitigation requirement,which would leave 109 caliper inches remaining that could be provided in common lots,or Alternative Compliance could be requested to this standard for the remaining mitigation trees(see UDC 11-513-5 for more information). Landscaping is required along all pathways per the standards listed in UDC 11-3B-12C; the landscape plan should be revised accordingly. Page 7 Common Open Space& Site Amenities(UDC 11-3G-3): A minimum of 15% (or 1.23 acres based on 8.20 acres) qualified open space is required to be provided in this development per the standards listed in UDC 11-3G-3. An open space exhibit was submitted that depicts 1.23 acres(15%) common open space for the development(see Section VIII.E). Three(3)of the six(6)common open space lots (i.e. Lot 6,Block 2 and Lots 1 &5,Block 3) are open grassy areas of at least 5,000 square feet(s.f.) in area and qualify toward the minimum standards. Lot 1,Block 1 does not qualify; however,if the sidewalk is detached in this lot and an 8-foot wide landscaped parkway is provided,it would qualify per UDC 11-3G- 3B.4. Although Lot 15,Block 1 and Lot 11,Block 2 meet most of the quality standards for open space areas listed in UDC 11-3G-3A,these areas do not demonstrate integration into the development as a priority and appear to be"leftover"areas that aren't developable as building lots and don't meet the qualified open space standards listed in UDC 11-3G-3B.Lot 15,Block 1 could qualify toward the open space requirement if an additional 70 s.f.is added to the lot in accord with UDC 11-3G- 3B.1a.Lot 11,Block 2 could qualify if 715 s.f.is added to the common lot in accord with UDC 11- 3G-3B.1a; or,a community garden could be added to the existing lot in accord with UDC 11-3G- 3B.1; or, a minimum 20' x 20' plaza could be added to the existing lot,including hardscape, seating,lighting in accord with UDC 11-3G-3B.1. The plans should be revised as recommended by Staff to meet the minimum qualified open space standards. Based on the area of the plat, a minimum of one(1)point of site amenity is required per the standards listed in UDC 11-3G-4B. The Applicant proposes amenities consisting of a dog waste station on Lot 15, Block 1 and a picnic area with a shelter and table and bench seating on Lot 6,Block 2,totaling 2.5 points, exceeding the minimum standard. Pathways: The Pathways Master Plan depicts a multi-use pathway across this site connecting from the pathway along N. Conley Ave. at the south boundary to the pathway along Rogue River at the north boundary. In accord with the Plan,a 10-foot wide multi-use pathway should be provided within a 14-foot wide public pedestrian easement; only a 5-foot wide sidewalk is proposed. Staff recommends the plat is revised to include a minimum 20-foot wide common lot to the south of Lot 1,Block 2 to provide a pathway connection from the existing pathway on the east side of Conley Ave.to the south to the common area on Lot 6,Block 2. This will be safer than running the pathway along the front of the building lots along Conley and Eagle View. Staff further recommends the multi-use pathway be extended through the common area on Lot 1,Block 3 and Lot 2,Block 3 and connect to the existing pathway to the north. The landscape plan should be revised to include this pathway and an easement should be submitted and recorded prior to the City Engineer's signature on the final plat.Note: The Applicant submitted a revised conceptual plat that includes the 20 foot wide common lot for a pathway as recommended by Staff. Sidewalks(11-3A-17): Five-foot wide attached sidewalks are proposed within the development in accord with UDC standards. Waterways: The Nourse Lateral runs off-site along the northern boundary of the site. Staff did not receive a response from Settler's Irrigation District on whether or not an easement exists on this property for the lateral. If it does, it should be depicted on the plat and no encroachments allowed within the easement area. Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. The existing home proposed to remain on Lot 3,Block 3 is required to connect to City water and sewer service within 60 days of it becoming available as set forth in MCC 9-1-4 and 9-4-8. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. Page 8 Pressurized Irrigation System (UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. 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. Building Elevations: Five(5) conceptual building elevations were submitted that demonstrate what future homes in this development will look like (see Section VIILF). A mix of single-story, single-story with a bonus room and 2-story homes are proposed. depiet a width of 40 feet fOF the homes whieh will not fit on at least 19 of the PFOPosed lots and meet the required side yar-d building setbaeks of 5 feet on eaeh side a minimum lot width of 50 feet would be needed in or-der to aeeommodate the proposed homes.With 30 foot wide homes,the elevations will be ver-y gaFage dominated; the nar-FOW lOtS Will alS0 not aeeomodate VeFy Mueh on street parking,whieh is always a coneer-n. Some of these issues should be alleviated with the lot eonfiguration changes recommended by Staffi. Prior-to the Commission hearing, Staff reeommends eoneeptual elevations aFe submitted for-homes that will fit on all of the PFOPosed lots. VII. DECISION A. Staff: Staff recommends approval of the proposed annexation with the requirement of a Development Agreement, and preliminary plat per the provisions in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on October 20,2022 (continued from August 18, 2022 and September 1 and 15,2022).At the public hearing, the Commission moved to recommend approval of the subject AZ and PP requests. 1. Summary of Commission public hearing_ a. In favor:Nicolette Womack and Teller Bard,Applicant's Representative;Kyle Enzler (Applicant/Property Owner) b. hi opposition or Commenting: Leon Johnson; George Fullmer;Mike Bernard,Malissa Bernard;Alan Dixon, Roger Britton, Charlene Britton; Carol Windle; Mike McGough; George Windle c. Written testimony: Many letters of testimony were received—see public record. d. Staff presenting application: Sonya Allen e. Other Staff commenting on application:None 2. Key issue(s) public testimony a. Concerns pertaining to extra traffic this development will generate through existing neighborhoods and safety of area children; b. Proposed lot sizes aren't compatible with those in adjacent existingdevelopments; c. Request for property to be annexed with R-4 zoning and require minimum lot sizes consistent with adjacent lot sizes, d. Request for 2-story homes along north boundary to not have any windows on the second story that would look into adjacent single-story home lots; e. Require traffic calming measures in area streets to slow traffic for safety; £ Request for water trucks to be provided during construction to mitigate dust and for trailers and vehicles to be parked on-site and not in adjacent developments; request for existing stub streets on Rogue River&Conley to be closed until construction commences; g_ Concern pertainingto o the pathway in Alpine Pointe that many adults and children use to access the subdivision amenities and concerns pertaining to safety of those using it; Page 9 h. Install caution lights for children's safety in high traffic areas; i. Developer is agreeable to not providing windows on the second story homes overlooking adjacent lots at the northwest corner and minimize front setbacks in order to provide larger back yards with greater building setbacks from rear property line. 3. Key issue(s)of discussion by Commission: a. Desire for the Applicant to revise the plat to have fewer building lots and retain more of the existingtrees; rees; b. Desire for fewer lots to be provided along the northern boundary and more lot provided along the eastern boundary for a better transition to existing properties; c. Desire for the mitigation trees required in back yards to be placed strategically to screen adjacent properties; d. In favor of no windows on second story homes overlooking adjacent lots at the northwest corner&minimize front setbacks in order to provide largeryards with greater building setbacks. 4. Commission change(s)to Staff recommendation: a. Approval with the inclusion of DA provisions that prohibit any windows on the second story of homes that face north along the northern boundary of the subdivision west of Rogue River in Block 1; and the developer to encourage backyard landscaping to assist in buffering to the larger homes/lots to the north. 5. Outstandingissue(s)sus for City Council: a. None C. The Meridian City Council heard these items on 11/22/2022.At the public hearing,the Council moved to approve the subject AZ and PP requests. 1. Summary of the City Council public hearing: a. In favor: Nicolette Womack,Applicant's Representative: Kyle Enzler,Applicant; Teller Bard,Kimley-Horn b. In opposition: George Windle c. Commenting: Mike Bernard(representing Alpine Pointe HOA), Carol Windle,Malissa Bernard, Chris Chaffin,Allen Dixon,Laura Trairatnobhas,Mike McGough, Charlene Britton,Roger Britton,Bernie Bahro d. Written testimony: Many letters of testimony were received(see public record) e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. Need for a better transition in lot sizes to adjacent existing lots (especially to the McGough property)to the north that could be accommodated by reducing the number of lots in that area or overall within the developent: b. Re-quest for no north-facing facing windows on 2-story homes along the northern boundary of the subdivision, C. Request for the property to be zoned R-4 instead of R-8 and meet the dimensional standards of the R-4 district- d. Negative impact on traffic and pedestrian safety in adjacent residential neighborhoods. especially that to the north,due to extension of stub streets, especially N. Rogue River Way; e. Request for Rogue River to be restricted to emergency only access. 3. Kev_ issue(s)of discussion by City Council: a. Council didn't feel there was adequate transition to existing lot sizes along the northern boundary, especially the McGough property Page 10 b. Reducing the number of lots alone the northern boundary or overall within the development to provide a better transition to existing lots to the north• c. Annexation the property with R-4 rather than R-8 zoning to increase the dimensional standards of the proposed lots and possibly reduce density and provide a better transition to existing lots; d. Restriction on windows facing north on second stories of homes along the northern boundary of the site 4. City Council change(s)to Commission recommendation. a. Remove Lot 10,Block 1 along northern boundary to provide a better transition in lot sizes to the north:no one parcel to the north shall have more than 3 portions of a lot adjacent to it: inclusion of DA provisions that prohibit any windows on the second story of homes that face north along the northern boundary of the subdivision west of Rogue River in Block 1: and the developer to encourage backyard landscaping to assist in buffering to the larger homes/lots to the north. Page 11 VIIL EXHIBITS A. Annexation Legal Description and Exhibit Map A Description for R-8 Zone March 4,2022 All of Lut 4. BlQck 1, Jaainlr7 Acrus Subdiviaivii as filed irl Buck 59 of Plans at Pages 5829 and 5830, records of Ada fiounty, Idaho, Wated in the Northeast 114 of the Southeast 114 and the Northwest 114 of the Southeast 114 of Section 32, Township 4 North, Range 1 East of the Boise Meridian, Ada County, Idaho more particularly 0, ascribed as follows, BEGINNING at the Center 1/4 corner of said Section 32 from which the 114 cornercommon to Sections 32 and 33,TAN., RAE_,8_M_,bears North 89"39'12"East, 2,657.16 feet; thence on the east-west centerline of said Section 32 coincident with the south boundary line of Zebu Ion Helghis Subdivision No.2 as filed In Book 99 of Plats at Pages 12772 through 12774, records of Ada County, Idaho,North B913912'East, 903.13 feet to the westerly boundary line of Delano Subdivision No. 1 as filed in Book 121 of flats at Pages 19124 through 19128, records of Ada County, Idaho; thence on said westerly boundary line the following two(2)courses and distances; South 01 b 101061 West, 611.26 feet; South 161107'48`West,59. 1 feet to the northerly boundary line of Chamglon Park Subdivision No_3 as filed in Book 93 of Plals at Pages 11149 through 11153,records of Ada County, Idaho; thence on said northerly boundary line the following five (5)courses and a(stances: North 69'OS'48" West, 177.b2 fast; North 70°46'48" West, 121.52 feet; North 78'20'48" West, 160.92 feet; North 66'06'48" West,283.74 feet; p f`L LA,y0 xGcfYB"� — V [gyp r9,,.-,O F MCGA Pa 1of2. Page 12 North 65"26'48" blest, 72.27 feet to the Northeast corner of Lot 1 a, Block 17 -Df Champion Park Subdivlsi'on No. 2 as filed in Book 89 of Plats al Pages 78374 through 10377, records of Ada County, Idaho; thence on the northerly boundary line of said Champion Park Subdivision No. 2 Vhe IUI1Uwirky I'UUF (4) uuurse�i aria t.lisldriueb North $6112f,'48" Wcat, 38.74 feet; North 530 12'48" West, 164.82 feet; North 29°45'48" West, 43.31 feet: North 1Y05'48" West. 107,13 feet to the oast-west centerline of said Section 32 coincident with the south boundary line of Heritage Subdivision No_ 2 as filed in Book 23 of Plals at Pages 1452 and 1453, records of Ada Counly, Idaho; thence on said south boundary line, North 89°54'08' East, 90,32 feet to the to the REAL POINT Of BEGINNING. Containing 8.200 acres, more or less. End of Description_ JQ_ LA,yO , tG�N,3 11779 ,$ p 4f hdGCA ` Page 2 of 2 Page 13 N Scale: 1"=200' 0 50 100 200 400 BASIS OF BEARING N 69"39'12"E 2657.16' HERITACE w Q SUB. NO. 2 3 N89'54'08"E ZEBULON HEIGHTS W ZEBULON HEIGHTS 90.32' SUB. NO, 2 a¢ SUB. N0, 2 C-1/4 77�N89'39'12"E 903.13' _ �/4' 1754A3' 5., 5.33 N13'O5'48"W Reuel Point of beginning I it 107.1.3 J N29'45'48'w 16 j� 1, uo a N 43.3f' `s35 Y82' W tB.200 ACRES 985'28'48"W c CHAMPION PARK /Y 72.2 3 SUB- NO 2 N65'26'48'W o w 38.74' 18 ul N 41, = N70'46'48"W i46303 E. JASMINE LN. 121.52' S16'07'46'W CHAMPION PARK 50.91, SUB. ND. 3 NpL LAND fir, NS`c SG C q ■N` d I'���M .R7 P:l]66 JwSYixE N 21-1]5\tivp}21125 AnneKot'ai Em.tl V4/]0221:3&19 vy V a Exhibit Drawing for iblis IDAHD °o9�E o�%°Pow SURVEY p o�CDs'. R-8 ZONE Shee,No 1 Y� MCC GROUP, LLC Lot 4, Block 1, Jasmine Acres,Lo ted In the NEl 4 of the SE1 4 the 6wy.Oete NWl/4 of the SEl/4 of Section 32. T.4N.,RAE. D.W.Ado C—ly,Idaho J/4/20 2 Page 14 B. Preliminary Plat,Existing Conditions&Phasing Plan(dated: 11/07/2022) �.. KINGSTOWN SUBDIVISION PRELIMINARY PLAT i .k APORTIONOFTHESFJOF^ TION 32.TOWNSHIP ° ,•'���-" - - NORTH,RANGE I EAST l � MERIDIAN,ROA LOIINTY,I6AHD - - -E.,ITi,vn a.,.vErixe naxPrwv rep ._. I Niiir — I ' 8 Qi •r V0 _ ." I d A _r _ r �` 9w .e Page 15 v T,77 yam. r TR-T 1M M-3 Page 16 Nei h�,g Parcels Exhibit: - --I -T -T Kimley*Horn KINGSTOWN SUBDIVISION Page 17 C. Landscape Plan(dated: 11/07/2022) NOT APPROVED (NEEDS TO BE REALISED) ' I a.wm mmer. _ O L a awreaa LWfNClhq re:ouxaeKrs mauir�.. �� n 3 nvr. a � w C PAW= a e _ S� m Qoa Page 18 D. Existing Tree Inventory&Plan O I ENE RM WE= 4M ;9MM arm MM:oz- -*MM M— ON— Page 19 I uMTe� I 4 1PEE MfTIGATH)H HEOIIWEMENT6 PROTECTION ROTE 5CNmuu _ G l4-J4 R AR � Q 4 a a w o � 5 z n ~ m � � x 3 i+ gz�Nlwn i aE n o� Page 20 E. Open Space Exhibit(dated: 6/16/22)—REVISED(dated: 10/22) OWNEAICEVELOPER S i L DgO PER CHRECT E EAGLE VIEW C F. � dip• as ~ �p �m h • • ' . 'r. `\ ���� � yr- TIEWMWIEI I s COM[tlM OPEII SPAfF lWI&TE AlEM1Y RE WIR91BR3 m a a - j 4 � w V � I�w[rwnr'ux•oav[�kvrs�ru"r[iff['[��m.�iou�A.wl I Yrv�'�'i[,:i.. TT r �IHtI[[I CP[N UIGE I Page 21 F. Conceptual Building El ------------------------------------------- ---------------------------- �I 0 moo v � - moo A oPa per ¢ ❑❑❑ . �_ - ❑ a-1 ---------------------- ---------------------------- Lu Ltm D M F07ED �c ��rnrn ��ll Page 23 a® Q— �e_ ,a ,.--------- — — — — — 9 z m I------- _—_— e v_"r`- - - - - - - - - - - - - - - - - ❑a � � r E1.2 i 000 ❑ v s®m[ry Ris— — — — — — — — — — — — — — — — —— 61 �_— _ -------- A2 Page 24 o-I�f-------==--------_=-,'�'"��------- jr�_-M T----- ------------ - - - o n El El I �a 9 C 5 a��a.iaa 7'F -s-r '- v mno O—FIX----------------------- —_ --------- _ —____________-—_—___—_— —_ 1—- -_—_— _77 - - - - - - - - - - - - - - - - - - - A3 Page 25 -- - „,"------ - - -- e I Do o00 Y Q $e— m� � �z - ❑ a"ate _ _ _—_—_—_— m•,oQaa� ------------ o �' o fBl Ill o n■ n■ Mom �µq- y Y (p 61 u a'- r�u®rown ❑ mm t �f.5'-lira^ o�ewEmewrmareo - - - - - - - - - - - - - - - - - - - - o�"urmmare'�m°`i'n" �■ o E EDD - - - - - A3 Page 26 0. 0- .- "------------------------------- �Ia_ 5 E ® 8 ME --- - - - OHM �Sv.erzSP�L —_—_—_—_—_—_—_—__ Li -- — — — _ a 0110T -_-_- -_-_ -_- e A� 0=7---------- uo —_—_—_—_—_—_�_______-_ ___________ — - --------------------- Li — �za �aF —-—-—-—-— — -- ----- --- .=gL-. _....._fir. ❑. .r 10- �T - --- — — - -�� --------- ----- --------------------•----- rA3 Page 27 IX. CITY/AGENCY COMMENTS & CONDITIONS Per the discussion in Section VI, Staff recommends the Applicant reconfigure the lots along the north boundary in Phase I so that wider and fewer lots are provided in that area; and the lots in Phase II are reconfigured and lots are added so that lots are smaller and narrower for a better transition to existing abutting properties. Coneeptual building elevations should also be submitted foF the 40 foot properties.wide lots that fit on the lots. The plat, conceptual elevations and other associated plans shall be revised aeeOFdingly& submitted at least 15 days pFior-to the City Couneil hearing.Coneeptual elevations and a draft of the Fevised plat should be submitted to Staff prior-to the Commission heaFing demoHStFatiHg how these ehanges would affect the overall density and transition to adjaeent A revised draft plat has been submitted that depicts three (3)fewer building lots along the northern boundary and two (2) additional lots along the eastern boundary. The proposed conceptual building elevations should fit on most of the reconfigured lots. A. PLANNING DIVISION 1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption,and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions IF City Council determines annexation is in the best interest of the City: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan, common open space/site amenity exhibit and conceptual building elevations iffeluded in row approved by City Council and the provisions contained herein. b. The existing home on Lot 3,Block 3 shall be required to connect to City water and sewer service within 60 days of it becoming available and disconnect from private service, as set forth in MCC 9-1-4 and 9-4-8. c. There shall be no windows on the second story of homes that face north toward Zebulon Heights subdivision along the northern boundary of the proposed subdivision west of N. Rogue River Ave. in Block 1; d. The developer shall encourage backyard landscaping to assist in bufferingthe larger lots and homes to the north. 2. The final plat shall include the following revisions: a. Depict an easement for the Nourse Lateral,which runs off-site along the northern boundary of this property, if it encroaches on this property. b. Depict a minimum 20-foot wide common lot along the south side of Lot 1,Block 2 for a multi- use pathway connection from Conley Ave. through the common areas on Lot 6,Block 2 and Lot 1,Block 3 to the pathway along the east side of Rogue River Ave. See Park's Department comments &diagram in Section IX.E. d. Increase the size of Lot 15,Block I by 70 square feet to meet the qualified open space standard of 5,000 square feet in UDC I I-3G-3B.Ia. e. Remove Lot 10,Block I alone northern boundary to provide a better transition in lot sizes to the north;no one parcel to the north shall have more than 3 portions of a lot adjacent to it. Page 28 3. The landscape plan submitted with the final plat shall include the following revisions: a. Depict a 10-foot wide multi-use pathway from the existing pathway along N. Conley Ave. at the south boundary to the existing pathway along N. Rogue River Way at the north boundary as required by the Park's Dept. with landscaping along the pathway in accord with the standards listed in UDC 11-3B-12C. See Park's Department comments&diagram in Section IX.E. b. Provide one(1) 2-inch tree in the front and back yards of all building lots and an additional 109 caliper inches of trees on the site in common areas in accord with the mitigation standards listed in UDC 11-3B-IOC.S; or,apply for Alternative Compliance to this standard(see UDC 11-5B-5 for more information). c. Depict a detached sidewalk with an 8-foot wide parkway and landscaping per the standards listed in UDC 11-3B-7C on Lot 1,Block 1 in order for the lot to count toward the minimum qualified open space requirement. d. Depict a minimum 20-foot wide common lot along the south side of Lot 1,Block 2 containing a 10-foot wide multi-use pathway connection from Conley Ave. through the common areas on Lot 6,Block 2 and Lot 1,Block 3 to the pathway along the east side of Rogue River Ave. Depict 5- foot wide landscape strips on each side of the pathway planted in accord with the standards listed in UDC 11-3B-12C. e. Increase the size of Lot 15,Block 1 by 70 square feet to meet the qualified open space standard of 5,000 square feet in UDC 11-3G-3B.Ia. f. Lot 11, Block 2 does not meet the qualified open space standards listed in UDC 11-3G-3B—the plans should be revised to comply through one of the following options: 1) add 715 s.f.to the common lot in accord with UDC 11-3G-3B.1a; or, 2)include a community garden in the common lot; or, 3)include minimum 20' x 20' plaza in the common lot, including hardscape, seating, and lighting in accord with UDC 11-3G-3B.1.If the lot is enlarged, the plat shall also be amended accordingly. g. Remove Lot 10,Block 1 alone northern boundary to provide a better transition in lot sizes to the north;no one parcel to the north shall have more than 3 portions of a lot adjacent to it. 4. Prior to the City Engineer's signature on the final plat for Phase 2,all existing structures that do not conform to the setbacks of the R-8 zoning district shall be removed. 5. Prior to the City Engineer's signature on the final plat for Phase 1,a 14-foot wide public pedestrian easement shall be submitted to the Planning Division and recorded for the multi-use pathway as required by the Park's Department. 6. Submit a detail of the proposed shelter on Lot 6,Block 2 with the final plat application. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Sewer must connect to the north through Rogue River Ave and not from the south. This is a different sewer shed. 1.2 Sewer does not need to be provided to and through to parcel to the east. Provide sewer mains to eastern boundary only as needed for development. 1.3 Ensure no sewer services cross infiltration trenches 1.4 Dead-End runs of sewer need a slope of 0.60% 1.5 Must include callouts to remove water blow-offs. Page 29 1.6 Water main connecting north and south properties must to be 12". 1.7 Ensure no permanent structures(trees,bushes,buildings, carports,trash receptacle walls, fences, infiltration trenches, light poles,etc.) are built within water/sewer easements. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I"map with bearings and distances(marked EXHIBIT B)for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used,or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. Page 30 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.17 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.19 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.20 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the Page 31 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. FIRE DEPARTMENT hags://weblink.meridiancity.org/WebLink/DocView.gyp x?id=267776&dbid=0&repo=MeridianCity&cr =1 D. POLICE DEPARTMENT No comments at this time. E. PARK'S DEPARTMENT hops://weblink.meridiancity.org/WebLink/Doc View.aspx?id=267942&dbid=0&repo=MeridianCity& https://weblink.meridiancity.orglWebLink/Doc View.aspx?id=272212&dbid=0&repo=MeridianCity F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridianciN.orglWebLinkIDocView.aspx?id=269309&dbid=0&repo=MeridianCity G. ADA COUNTY DEVELOPMENT SERVICES(ACDS) hops://weblink.meridiancity.org/WebLink/Doc View.aspx?id=269136&dbid=0&repo=Meridian City H. WEST ADA SCHOOL DISTRICT(WASD) No comments were received from WASD. I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancioy.org/WebLink/Doc View.aspx?id=269137&dbid=0&r0o=MeridianCioy&cr =1 X. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the Applicant's request to annex the subject property with R-8 zoning and develop single-family detached dwellings on the site at a gross density of 3.17 units per acre is consistent with the density desired in the MDR designation for this property. However, the layout of Page 32 the preliminary plat proposed with the annexation does not provide an adequate transition in lot sizes to abutting properties to the north in Phase I or in Phase II as discussed above in Sections V and VI. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment to R-8 and development generally complies with the purpose statement of the residential districts in that it will contribute to the range of housing opportunities available in the City consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; The City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential uses should be compatible with adjacent single-family residential homes/uses in the area. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds City services are available to be provided to this development. Comments were not received from WASD on this application so City Council is unable to determine impacts to the school district. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the city if revisions are made to the development plan as recommended. B. Preliminary Plat(UDC 11-613-6) In consideration of a preliminary plat, combined preliminary and final plat, or short plat,the decision- making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The City Council finds the proposed plat is generally in conformance with the UDC and the Comprehensive Plan if the Applicant revises the development plan to provide a better transition in lot sizes to abutting properties. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; The City Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Council finds there are no roadways, bridges or intersections in the general vicinity that are in the IFYWP or the CIP. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development. Page 33 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) The City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 34 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Supplemental Agreement to the Longitudinal Pipeline Encroachment Agreement Dated July 5, 2006 between the City of Meridian and the Union Pacific Railroad Company APPROVED Mayor Robert E. Simison E TDTAN City Council Members Joe Borton Treg Bernt Public Works I D A H O Luke Cavener Brad Hoaglun Department Jessica Perreault Liz Strader TO: Mayor Robert E. Simison Members of the City Council FROM: Jared hale—Engineering Project Manager DATE: November 14, 2022 SUBJECT: SUPPLEMENTAL AGREEMENT TO THE LONGITUDINAL PIPELINE ENCROACHMENT AGREEMENT DATED JULY 5, 2006 WITH UNION PACIFIC. REQUESTED COUNCIL DATE: I. RECOMMENDED ACTION A. Move to: 1. Approve attached supplemental agreement with Union Pacific. 2. Authorize the Mayor to sign the agreement Il. DEPARTMENT CONTACT PERSONS Jared Hale,Engineering Project Manager 208-489-0370 Clint Dolsby,Assistant City Engineer 208-489-0341 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey, Director of Public Works 208-985-1259 III. DESCRIPTION A. Background The 2017 Collection Systems Master Plan has indicated a portion of the Five Mile Trunkshed experiences surcharging under the Master Plan flows. JUB's solution is to install a diversion structure for the sewer main on the east side of the 711 E Broadway and install a new sewer trunk from the diversion structure to connect to the existing 18" sewer main at NE 3,d Street Broadway and E Broadway Avenue. Page 1 of 3 Our design consultant found a record of survey when they were designing the 18" sewer trunk in 2006 that shows Union Pacific owns the southern half of E. Broadway Avenue from Main Street to NE 6th Street. We entered into a Longitudinal Pipeline Encroachment Agreement with Union Pacific so we could construct that sewer trunk. B. Proposed Project This supplemental agreement extends the boundary of the original 2006 Longitudinal Pipeline Encroachment Agreement By entering into this agreement with Union Pacific, it will allow the City to construct a sewer trunk in E Broadway from NE 4th Street to NE 6th Street in accordance with our 2017 Collection Systems Master Plan. IV. IMPACT A. Fiscal Impact: Project Costs: Fiscal Year 2023 --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------r----------------------------------------------------------------------T----------------------------- $21,360.00 --------------------------------------------------------------------------------------------------------------------------------------------T-------------------------------------------------------------------; Total $21,360.00 ----------------------------------------------------------------------r----------------------------------------------------------------------T----------------------------- ----------------------------------------------------------------------r------------------------------------------------------------------------------------------------------------------------------------------; Total Project-Cost ------------------------------------ ------------------ -----------------------=-------------------------------------------------------------------= Project Funding Fiscal Year 2023 Account Code/Codes ------------------------------------------------r--------------------------------------------------------------------------------------------------------------------------- 3590-93505 $21,360.00 ---------------------------------------------------------------------r--------------------------------------------------------------------------------------------------- -+ ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------- -Total Funding-------------------------------- $21,360.00 ---0. 0 V. TIME CONSTRAINTS ACHD will be resurfacing E. Broadway in the late Spring of 2023. And the City will need to have the new sewer trunk installed by then or be subject to their moratorium. VI. LIST OF ATTACHMENTS A. Supplemental Agreement with Union Pacific B. 2006 Longitudinal Pipeline Encroachment Agreement with Union Pacific Page 2 of 3 Approved for Council Agenda: Page 3 of 3 October 31,2022 Folder: 02395-13 CITY OF MERIDIAN 660 EAST WATERTOWER STREET, SUITE 200 MERIDIAN ID 83642 Re: Supplemental Agreement for License Audit No. 241719 covering one (1) underground eighteen inch (18") sewer pipeline encroachment and four manholes on Railroad property between Mile Post 457.17 and Mile Post 457.52 on the Boise Branch at or near Meridian,Ada County,Idaho Attached is an original of the agreement covering your use of the Railroad Company's right of way. Please return the executed agreement via email. For any payment(s), please follow the accompanying instructions. An original copy of the fully-executed document will be returned to you, when approved and processed by the Railroad Company. Payment, in the amount of$21,360.00 is due and payable upon your execution of the agreement. Please include your check, with Folder No. 02395-13 written on the front, with the return of the documents. This Agreement will not be accepted by the Railroad Company until the initial payment is received. If you require formal billing,you may consider this letter as a formal bill. In compliance with the Internal Revenue Service's policy regarding Form 1099, I certify that 94-6001323 is the Railroad Company's correct Federal Taxpayer Identification Number and that Union Pacific Railroad Company is doing business as a corporation. Sincerely, Kris Jones Analyst-Real Estate (402) 544-8553 Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha,Nebraska 68179-1690 fx.(402)501-0340 SUPPAGR.DOC 980220 Form Approved,AVP-Law Audit: 241719 Folder: 02395-13 SUPPLEMENTAL AGREEMENT THIS SUPPLEMENTAL AGREEMENT is entered into on the 6th day of December , 2022 , between UNION PACIFIC RAILROAD COMPANY ("Licensor") and CITY OF MERIDIAN, an Idaho municipal corporation, whose address is 660 East Watertower Street, Suite 200,Meridian, Idaho 83642 ("Licensee"). RECITALS: By instrument dated 7/5/2006, Licensor and Licensee, or their predecessors in interest, entered into an agreement ("Basic Agreement"), identified as Audit No. 241719, at MERIDIAN, IDAHO. AGREEMENT: NOW,THEREFORE,IT IS AGREED by and between the parties hereto as follows: Article 1. SUBSTITUTION OF PRINT. The print dated February 01, 2022, attached hereto as Exhibit 'A', shall be and hereby is substituted for the print dated July 05, 2006, attached to the Basic Agreement, and from and after the effective date herein whenever the term Pipeline is used in the Basic Agreement, or any amendment or supplement thereto (if any), such reference shall be deemed to refer to the Pipeline as shown on Exhibit 'A',hereto attached. Article 2. CONSENT TO WORK. This Supplemental Agreement will serve as notification that the Railroad Company approves of your intentions to remove and replace three hundred fifty-six feet (356') of existing sewer pipeline encroachment and install an additional three hundred twenty six feet (326') of new sewer pipeline encroachment in accordance with Exhibit A. Article 3. CONTRACTOR RIGHT OF ENTRY. If a contractor is to do any of the work performed on or about the Railroad Company's property, then Utility shall require its contractor to execute the Railroad Company's form Contractor's Right of Entry Agreement, EXHIBIT B. Utility acknowledges receipt of a copy of Contractor's Right of Entry Agreement and understanding its term, provisions and requirements, and will inform its contractor of the need to execute the Agreement. Under no circumstances will Utility's contractor be allowed on or about the Railroad Company's property without first executing the Contractor's Right of Entry Agreement. Article 4. NOTICE OF COMMENCEMENT OF WORK/RAILROAD REPRESENTATIVE /SUPERVISION/FLAGGING/SAFETY. If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as practicable to Railroad, by calling the Response Management Communication Center at (888) 877-7267 before commencing any work. In all other situations,the Licensee shall notify the Railroad at least ten (10) days (or such other time as the Railroad may allow) in advance of the commencement of any work upon property of the Railroad in connection with the construction,maintenance,repair,renewal, modification, reconstruction, relocation or removal of the Wireline. All such work shall be prosecuted diligently to completion. The Licensee will coordinate its initial and any subsequent work with a Railroad approved flagger provided at the link below and the following employee of Railroad or his or her duly authorized representative(hereinafter"Railroad Representative"or"Railroad Representative"): Aaron J.Mauney www.ut).com/real estate/third-party- Manager I Signal Maintenance flaQainU, index.htm Phone: 208-405-5983 Email: ajmaune u .com Article 5. EFFECTIVE DATE. This Supplemental Agreement shall be effective as of December6,2022. Article 6. AGREEMENT SUPPLEMENT. Nothing in this Supplemental Agreement shall be construed as amending or modifying the Basic Agreement unless specifically provided herein. Article 7. ADMINISTRATIVE HANDLING CHARGE. Upon execution and delivery of this Supplemental Agreement, the Licensee shall pay to the Licensor an administrative handling charge of Twenty One Thousand Three Hundred Sixty DOLLARS($21,360.00). IN WITNESS WHEREOF,the parties have executed this Supplemental Agreement as of the day and year first written. UNION PACIFIC RAILROAD COMPANY CITY OF MERIDIAN /)4) P, —�L t��//" By: By: Jim Hild Name Printed: M or Rob rt E. Simison Director Real Estate Title: Mayor 12-6-2022 �.160 AUG. ATTES v. of -► SEAL �P Ch o son, ity4-G-21-22 ( T C'�lFRDt tfie T.R�P9J� Article 4 . NOTICE OF COMMENCEMENT OF WORK / RAILROAD REPRESENTATIVE / SUPERVISION / FLAGGING / SAFETY. If an emergency should arise requiring immediate attention , the Licensee shall provide as much notice as practicable to Railroad, by calling the Response Management Communication Center at ( 888) 877-7267 before commencing any work . In all other situations , the Licensee shall notify the Railroad at least ten ( 10) days (or such other time as the Railroad may allow) in advance of the commencement of any work upon property of the Railroad in connection with the construction, maintenance , repair, renewal , modification, reconstruction , relocation or removal of the Wireline . All such work shall be prosecuted diligently to completion . The Licensee will coordinate its initial and any subsequent work with a Railroad approved flagger provided at the link below and the following employee of Railroad or his or her duly authorized representative (hereinafter " Railroad Representative " or "Railroad Representative") : Aaron J. Mauney www.up . corn/real estate/third-party- Manager I Signal Maintenance flagging/index .htm Phone : 208405-5983 Email : a ' maune u . com Article 5 . EFFECTIVE DATE, This Supplemental Agreement shall be effective as of Article 6 . AGREEMENT SUPPLEMENT. Nothing in this Supplemental Agreement shall be construed as amending or modifying the Basic Agreement unless specifically provided herein. Article 7. ADMINISTRATIVE HANDLING CHARGE. Upon execution and delivery of this Supplemental Agreement, the Licensee shall pay to the Licensor an administrative handling charge of Twenty One Thousand Three Hundred Sixty DOLLARS ($21 ,360. 00) . IN WITNESS WHEREOF, the parties have executed this Supplemental Agreement as of the day and year first written . UNION PACIFIC RAILROAD COMPANY CITY OF MERIDIAN 1. By : By : Kris Jones Name Printed : M or Rob rt E . Simison Analyst Title : Mayor 12 -6 -2022 Okleo AUG(�ST ' oqW 'o JATTESCityof WSEAL son, ity t+ -�- 22 vf the 7FREP'SJ��G Folder: 02395-13 To the Contractor: Before Union Pacific Railroad Company can permit you to perform work on its right of way, it will be necessary to complete two originals of the enclosed Right of Entry Agreement as follows: 1. Fill in the complete legal name of the contractor in the space provided on Page 1 of the Contractor's Right of Entry Agreement. 2. Fill in the name of the contractor in the space provided in the signature block at the end of the Contractor's Right of Entry Agreement. If the contractor is a corporation, the person signing on its behalf must be an elected corporate officer. 3. Please print two copies, execute on your behalf and return ALL DOCUMENTS with a check for any payments required, as shown below to 1400 Douglas Street, Omaha, NE 68137-1690 Attn: Kris Jones. 4. Check, with Folder No. 02395-13 written on the front, made payable to the Union Pacific Railroad Company in the amount of ONE THOUSAND DOLLARS ($1,000.00). If you require formal billing, you may consider this letter as a formal bill. In compliance with the Internal Revenue Service's new policy regarding their Form 1099, I certify that 94-6001323 is the Railroad Company's correct Federal Taxpayer Identification Number and that UNION PACIFIC RAILROAD COMPANY is doing business as a corporation. 5. Railroad Protective Liability Insurance (RPLI) certificate listing folder number 02395-13. Only one RPI certificate is required and must be on a separate certificate from your general liability insurance. After approval of the Right of Entry Agreement and insurance certificate, one fully-executed counterpart of the Agreement will be returned to you. In no event should you begin work until you have received your counterpart of the fully-executed Agreement. Sincerely, Kris Jones Analyst-Real Estate y� ! ,'.I namh;. HE HE E BROADWAY A E 1,144 FEET OF EXISTING 18 INCH DIAMETER PVC SEWER MAIN 356 FEET OF 21 INCH DIAMETER 326 FEET OF NEW 21 INCH , PVC SEWER MAIN AND 2 EXISTI DIAMETER PVC SEWER MAIN MANHOLES TO BE REPLACEgn, MANDINEWMANHOLE .h ir tir•,. a. �' :` _ ,:R•w._ ��.�� l' �n'�•'A T,l .� - � pe.oGR10`�`-y E BOWERS ? YY p cis � �. 1. .Eye Ea:1hs1 LEGEND- NOTE: BEFORE YOU BEGIN ANY WORK. SEE AGREEMENT FOR FIBER OPTIC PROVISIONS. EXISTING PIPELINE ENCROACHMENT EXHIBIT "A" REPLACEMENT PIPELINE ENCROACHMENT- UNION PACIFIC RAILROAD COMPANY MERIDIAN. ADA COUNTY. IDAHO ( NEW PIPELINE ENCROACHMENT---------- --- M.P. 457.17 TO 457.52 -BOISE BRANCH IIPRRCO.R/W OUTLINED - -- - -- ------- - MAP OSL V-13 / 3 SCALE: 1" =200' CA DO 0239513 OFFICE OF REAL ESTATE FILENAME OMAHA. NEBRASKA DATE: 2-1-2022 IL SCAN X PJB FILE: 0239513 FILENAME EXHIBIT B TO SUPPLEMENTAL AGREEMENT Folder No.02395-13 Form Approved,AVP-Law 09/01/2018 CONTRACTOR'S RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into as of the by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, ("Railroad") and a corporation ("Contractor"), to be addressed at RECITALS: The Contractor has been hired by City Of Meridian to remove and replace three hundred fifty- six feet (356') of existing sewer pipeline encroachment and install an additional three hundred twenty six feet (326') of new sewer pipeline encroachment (the "work"), with all or a portion of such work to be performed on property of Railroad between Mile Post 457.17 and Mile Post 457.52, on the Boise Branch at or near MERIDIAN,Ada County,Idaho.pursuant to a Supplemental Agreement between Railroad and City Of Meridian with an effective date of 10/31/2022 at such location as shown on the print marked Exhibit A attached hereto and hereby made a part hereof. Railroad is willing to permit Contractor to perform the work described above at the location described above subject to the terms and conditions contained in this Agreement. AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the Railroad and Contractor, as follows: Article I. DEFINITION OF CONTRACTOR. For purposes of this Agreement, all references in this Agreement to the Contractor shall include Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. Article II. RIGHT GRANTED; PURPOSE. Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals for the purpose of performing any work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad Representative named in Article IV, and is strictly limited to the scope of work identified to the Railroad, as determined by the Railroad in its sole discretion, and for no other purpose. Article III. TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND C. The terms and conditions contained in Exhibit B and C, attached hereto, are hereby made a part of this Agreement. Article IV. ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE. A. Contractor shall bear any and all costs and expenses associated with any work performed by Contractor,or any costs or expenses incurred by Railroad relating to this Agreement. B. Contractor shall coordinate all of its work with the following Railroad representative or his or her duly authorized representative(the "Railroad Representative"): Aaron J.Mauney www.up.com/real estate/third-part- Manager I Signal Maintenance flagging/index.htm Phone: 208-405-5983 Email: a'maune u .com C. Contractor, at its own expense, shall adequately police and supervise all work to be performed by Contractor and shall ensure that such work is performed in a safe manner as set forth in Section 7 of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's work shall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the work,or by Railroad's collaboration in performance of any work, or by the presence at the work site of a Railroad Representative, or by compliance by Contractor with any requests or recommendations made by Railroad Representative. Article V. TERM; TERMINATION. A. The grant of right herein made to Contractor shall commence on the date of this Agreement, and continue for one (1) year from 10/31/2022, unless sooner terminated as herein provided, or at such time as Contractor has completed its work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its work on Railroad's property. B. This Agreement may be terminated by either party on ten (10) days written notice to the other party. Article VI. CERTIFICATE OF INSURANCE. A. Only upon request, Contractor will provide Railroad with the insurance binders,policies, certificates and/or endorsements set forth in Exhibit C of this Agreement. B. All insurance correspondence, binders,policies, certificates and/or endorsements shall be sent to: Folder No: 02395-13 Union Pacific Railroad Company 1400 Douglas Street STOP 1690 Omaha,Nebraska 68179-1690 Article VH. CHOICE OF FORUM. Litigation arising out of or connected with this Agreement may be instituted and maintained in the courts of the State of Idaho only, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation, in those courts, and consent to service of process issued by such courts. Article VIII. DISMISSAL OF CONTRACTOR's EMPLOYEE. At the request of Railroad, Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad's property. Article IX. ADMINISTRATIVE FEE. Upon the execution and delivery of this Agreement, Contractor shall pay to Railroad One Thousand Dollars ($1,000.00) as reimbursement for clerical, administrative and handling expenses in connection with the processing of this Agreement. Article X. CROSSINGS. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad. Article XI. EXPLOSIVES. Explosives or other highly flammable substances shall not be stored on Railroad's property without the prior written approval of Railroad. [Signature Page Follows] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY By: Jim Hild (Contractor Name) Director Real Estate By Name: Title: Telephone: Email: E BROADWAV AVE ! .: , - a 1 144 FEEq OF EXISTI pG 18 MCH M 1 ' — t y '^ 356 FEET OF 21 INCH DIAMETER 326 FEET OF NEW 21 INCH ^y rr' *'r` 1_ PVC SEWER MAIN AND 2 EXISTING DIAMETER PVC SEWER MAIN _ w L } MANHOLES TO BE REPLACED AND 1 NEW MANHOLE i' IL E•BOWE� � �� � 1�_► �.� �,� �� 1 � �o��e.Eenret 1�09�.boos.C� � ��. v`' w�• ` y, LEGEND- NOTE: BEFORE YOU BEGIN ANY WORK. SEE h`` AGREEMENT FOR FIBER OPTIC PROVISIONS. ' * ♦�1 E _t EXISTING PIPELINE ENCROACHMENT --- EXHIBIT "A" • ,. •,� REPLACEMENT PIPELINE ENCROACHMENT--- UNION PACIFIC RAILROAD COMPANY • • MERIDIAN. ADA COUNTY. IDAHO NEW PIPELINE ENCROACHMENT-------------- M.P. 457.17 TO 457.52 -BOISE BRANCH •' - UPRRCO.R/W OUTLINED - -- - ------ ------- MAP OSL V-13 / 3 `Ilk, ' SCALE: 1" =200' CAD' 0239513 OFFICE OF REAL ESTATE 1 FILENAME OMAHA. NEBRASKA DATE: 2-1-2022 SCAN I X PJB FILE: 0239513 FILENAME Form Approved,AVP-Law 09/01/2018 EXHIBIT B To CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Section 1. NOTICE OF COMMENCEMENT OF WORK-FLAGGING. A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its work and at least ten (10) working days in advance of proposed performance of any work by Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery,tool(s),material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such ten (10)-day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this Agreement. B. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. C. Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional ten(10) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS. A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery and materials shall be kept at least fifty (50) feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings. B. Operations of Railroad and work performed by Railroad personnel and delays in the work to be performed by Contractor caused by such railroad operations and work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any work to be performed by Contractor. Section 4. LIENS. Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any such work performed. Contractor shall indemnify and hold harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense. Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall visit up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable. Contractor shall not commence any work until all such protection or relocation (if applicable)has been accomplished. B. In addition to other indemnity provisions in this Agreement, Contractor shall indemnify, defend and hold Railroad harmless from and against all costs, liability and expense whatsoever (including,without limitation, attorneys' fees, court costs and expenses) arising out of any act or omission of Contractor, its agents and/or employees, that causes or contributes to (1) any damage to or destruction of any telecommunications system on Railroad's property, and/or(2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Railroad's property. Contractor shall not have or seek recourse against Railroad for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Railroad's property or a customer or user of services of the fiber optic cable on Railroad's property. Section 6. PERMITS- COMPLIANCE WITH LAWS. In the prosecution of the work covered by this Agreement, Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without limitation, all applicable Federal Railroad Administration regulations. Section 7. SAFETY. A. A. Safety of personnel,property,rail operations and the public is of paramount importance in the prosecution of the work performed by Licensee or its contractor. Licensee shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the work. Licensee and its contractor shall at a minimum comply with Licensor's then current safety standards located at www.up.com/cs/groups/public/@uprr/@suppliers/documents/up_pff nativedocs/pdf up_supplier safety req.pdf B. to ensure uniformity with the safety standards followed by Licensor's own forces. As a part of Licensee's safety responsibilities, Licensee shall notify Licensor if it determines that any of Licensor's safety standards are contrary to good safety practices. Licensee and its contractor shall furnish copies of each of its employees before they enter the job site. B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job. C. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work. D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work(the "Safety Plan"). Railroad shall have the right,but not the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety Plan. Section 8. INDEMNITY. A. To the extent not prohibited by applicable statute, Contractor shall indemnify, defend and hold harmless Railroad, its affiliates, and its and their officers, agents and employees ("Indemnified Parties") from and against any and all loss, damage, injury, liability, claim, demand, cost or expense (including, without limitation, attorney's, consultant's and expert's fees, and court costs), fine or penalty (collectively, "Loss") incurred by any person (including, without limitation, any Indemnified Party, Contractor, or any employee of Contractor or of any Indemnified Party) arising out of or in any manner connected with (i) any work performed by Contractor, or (ii) any act or omission of Contractor, its officers, agents or employees, or(iii)any breach of this agreement by Contractor. B. The right to indemnity under this Section 8 shall accrue upon occurrence of the event giving rise to the Loss, and shall apply regardless of any negligence or strict liability of any Indemnified Party, except where the Loss is caused by the sole active negligence of an Indemnified Party as established by the final judgment of a court of competent jurisdiction. The sole active negligence of any Indemnified Party shall not bar the recovery of any other Indemnified Party. C. Contractor expressly and specifically assumes potential liability under this Section 8 for claims or actions brought by Contractor's own employees. Contractor waives any immunity it may have under worker's compensation or industrial insurance acts to indemnify Railroad under this Section 8. Contractor acknowledges that this waiver was mutually negotiated by the parties hereto. D. No court or jury findings in any employee's suit pursuant to any worker's compensation act or the Federal Employers' Liability Act against a party to this Agreement may be relied upon or used by Contractor in any attempt to assert liability against Railroad. E. The provisions of this Section 8 shall survive the completion of any work performed by Contractor or the termination or expiration of this Agreement. In no event shall this Section 8 or any other provision of this Agreement be deemed to limit any liability Contractor may have to any Indemnified Party by statute or under common law. Section 9. RESTORATION OF PROPERTY. In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other property of Railroad in connection with the work to be performed by Contractor,then in that event Contractor shall,as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's tools, equipment,rubbish and other materials from Railroad's property promptly upon completion of the work,restoring Railroad's property to the same state and condition as when Contractor entered thereon. Section 10. WAIVER OF DEFAULT. Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default. Section 11. MODIFICATION-ENTIRE AGREEMENT. No modification of this Agreement shall be effective unless made in writing and signed by Contractor and Railroad. This Agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work to be performed by Contractor. Section 12. ASSIGNMENT- SUBCONTRACTING. Contractor shall not assign or subcontract this Agreement, or any interest therein,without the written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors, and shall require all subcontractors to maintain the insurance coverage required to be maintained by Contractor as provided in this Agreement, and to indemnify Contractor and Railroad to the same extent as Railroad is indemnified by Contractor under this Agreement. Form Approved, AVP-Law 09/01/2018 EXHIBIT C Union Pacific Railroad Company Insurance Provisions For Contractor's Right of Entry Agreement Contractor shall, at its sole cost and expense, procure and maintain during the course of the Project and until all Project work on Railroad's property has been completed and the Contractor has removed all equipment and materials from the Railroad's property and has cleaned and restored Railroad's property to Railroad's satisfaction,the following insurance coverage: A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, which must be stated on the certificate ofinsurance: • Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing"Union Pacific Railroad Company Property"as the Designated Job Site. B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 O1 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $2,000,000 for each accident. The policy must contain the following endorsements, which must be stated on the certificate of insurance: • Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or substitute form providing equivalent coverage) showing "Union Pacific Property" as the Designated Job Site. • Motor Carrier Act Endorsement—Hazardous materials clean up(MCS-90) if required by law. C. Workers Compensation and Employers Liability insurance. Coverage must include but not be limited to: • Contractor's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement. • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit$500,000 each employee. If Contractor is self-insured, evidence of state approval and excel workers compensation coverage must be provided. Coverage must include liability arising out of the U.S. Longshoremen's and Harbor Workers' Act,the Jones Act, and the Outer Continental Shelf Land Act, if applicable. The policy must contain the following endorsement,which must be stated on the certificate of insurance: • Alternate Employer endorsement ISO form WC 00 03 01 A (or a substitute form providing equivalent coverage) showing Railroad in the schedule as the alternate employer (or a substitute form providing equivalent coverage). D. Railroad Protective Liability insurance. Contractor must maintain Railroad Protective Liability insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured,with a limit of not less than$2,000,000 per occurrence and an aggregate of$6,000,000. A binder stating the policy is in place must be submitted to Railroad before the work may be commenced and until the original policy is forwarded to Railroad. E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies must"follow form" and afford no less coverage than the primary policy. F. Pollution Liability insurance. Pollution Liability coverage must be included when the scope of the work as defined in the Agreement includes installation,temporary storage, or disposal of any"hazardous" material that is injurious in or upon land,the atmosphere, or any watercourses; or may cause bodily injury at any time. Pollution liability coverage must be written on ISO form Pollution Liability Coverage Form Designated Sites CG 00 39 12 04 (or a substitute form providing equivalent liability coverage), with limits of at least$5,000,000 per occurrence and an aggregate limit of$10,000,000. If the scope of work as defined in this Agreement includes the disposal of any hazardous or non- hazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising form the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of$2,000,000. Other Requirements G. All policy(ies) required above (except worker's compensation and employers liability) must include Railroad as "Additional Insured"using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall,to the extent provided under ISO Additional Insured Endorsement CG 20 26, and CA 20 48 provide coverage for Railroad's negligence whether sole or partial, active or passive, and shall not be limited by Contractor's liability under the indemnity provisions of this Agreement. H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless the law governing this Agreement prohibits all punitive damages that might arise under this Agreement. I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents,officers,directors and employees. This waiver must be stated on the certificate of insurance. J. Prior to commencing the work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this Agreement. K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s)in which the work is to be performed. L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage. PLE.DOC 980220 Form Approved,AVP-Law Folder No. 02395-13 LONGITUDINAL PIPELINE ENCROACHMENT AGREEMENT Between Mile Posts 457.3 and 457.5 Boise Subdivision/Branch Location: Meridian,Ada County,Idaho THIS AGREEMENT is made and entered into as of July 05, 2006, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, (hereinafter the "Licensor") and CITY OF MERIDIAN, an Idaho municipal corporation to be addressed at 660 East Watertower Street, Suite 200, Meridian, Idaho 83642 (hereinafter the"Licensee"). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article I. LICENSOR GRANTS RIGHT. In consideration of the License Fee to be paid by the Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to maintain and operate one underground 18 inch sewer pipeline encroachment and four manholes (hereinafter the "Pipeline") in the location shown and in conformity with the dimensions and specifications indicated on the attached print dated July 05, 2006 and marked Exhibit"A", attached hereto and hereby made a part hereof. Under no circumstances shall Licensee modify the use of the Pipeline for a purpose other than transporting and conveying sewer, and the Pipeline shall not be used to convey any other substance, any fiber optic cable, or for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement. Article II. LICENSE FEE. Upon execution of this Agreement,the Licensee shall pay to the Licensor a one-time License Fee of Nineteen Thousand One Hundred Dollars ($19,100.00). Article M. CONSTRUCTION.MAINTENANCE AND OPERATION. The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B, attached hereto and hereby made a part hereof. Article IV. IF WORK IS TO BE PERFORMED BY CONTRACTOR. If a contractor is hired by the Licensee to do any of the work performed on the Pipeline(including initial construction and subsequent relocation or maintenance and repair work), then the Licensee shall require its contractor to execute the Licensor's current form of Contractor's Right of Entry Agreement. Licensee acknowledges receipt of a copy of Contractor's Right of Entry Agreement and an understanding of its terms, provisions, and requirements, and will inform its contractor of the need to execute the Agreement. Under no circumstances will Licensee's contractor be allowed onto Licensor's property without first executing the Contractor's Right of Entry Agreement and the contractor providing to the Licensor the insurance binders, certificates and endorsements described in the Contractor's Right of Entry Agreement. Article V. INSURANCE. A. Before commencement of the term of this Agreement and prior to any Pipeline construction, the Licensee, at its sole expense, shall provide to the Licensor the insurance binders, certificates and endorsements described in Exhibit C, attached hereto and hereby made a part hereof. B. Not more frequently than once every two years, Licensor may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. C. All insurance correspondence,binders, certificates and endorsements shall be directed to: Jon E.Devish Folder No. 02395-13 Union Pacific Railroad Company Real Estate Department 1400 Douglas St. STOP 1690 Omaha,NE 68179-1690 D. If the Licensee is a public entity subject to any applicable statutory tort laws,the limits of insurance described in Exhibit C shall be the limits the Licensee then has in effect or which is required by applicable current or subsequent law,whichever is greater,a portion of which may be self-insured with the consent and approval of Licensor. Article VI. TERM. This Agreement shall take effect as of the Effective Date first herein written and shall continue in full force and effect until terminated as herein provided. IN WITNESS W>EREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written. UNION PACIFIC RAILROAD COMPANY CITY OF RIDL4N By: By: Director -Contracts Title: ; N — UNION 3 V PACIFI M w Y I•• D y b ♦ ~ xw'!I ladA tea. Z 3 �4 ~ ? dt •t� `' M • *red' • • • e • Nik-Z• t , J'• r, I .l fto 4 y M • ,• � M •r t:! � wr D � a � � � ter.,•• � .k Q it u ��� • a M a� 'h SE..kc.Car EXHIBIT "A" UNION PACIFIC RAILROAD CO. TO ACCOMPANY AGREEMENT WITH CITY OF MERIDIAN MERIDIAN, ADA COUNTY, ID. M.P.457.3-457.5+- BOISE BR (LEASED-INPR) OSL ID V 13/3 REAL ESTATE DEPARTMENT OMAHA NE. FILE #2395-13 DATE: 7-5-2006 T.D.A. PLE EXE 980112 Form Approved,AVP-Law EXHIBIT B Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED. A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintain its entire property including the right and power of the Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by the Licensor without liability to the Licensee or to any other party f'or compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Licensor's property, and others)and the right of the Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 2. CONSTRUCTION.MAINTENANCE AND OPERATION. A. The Pipeline shall be constructed, operated, maintained, repaired, renewed, modified and/or reconstructed by the Licensee in strict conformity with (i) Licensor's current standards and specifications ("UP Specifications"), except for variances approved in advance in writing by the Licensor's Assistant Vice President Engineering — Design, or his authorized representative; (ii) such other additional safety standards as the Licensor, in its sole discretion, elects to require, including, without limitation, American Railway Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines (collectively, "UP Additional Requirements"), and (iii) all applicable laws, rules and regulations ("Laws"). If there is any conflict between the requirements of any Law and the UP Specifications or the UP Additional Requirements, the most restrictive will apply. B. All work performed on property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline shall be done to the satisfaction of the Licensor. C. Prior to the commencement of any work in connection with the construction,maintenance,repair, renewal, modification, relocation, reconstruction or removal of the Pipeline where it passes underneath the roadbed and track or tracks of the Licensor, the Licensee shall submit to the Licensor plans setting out the method and manner of handling the work, including the shoring and cribbing, if any,required to protect the Licensor's operations, and shall not proceed with the work until such plans have been approved by the Licensor's Assistant Vice President Engineering Design, or his authorized representative, and then the work shall be done to the satisfaction of the Licensor's Assistant Vice President Engineering Design or his authorized representative. The Licensor shall have the right, if it so elects, to provide such support as it may deem necessary for the safety of its track or tracks during the time of construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline, and, in the event the Licensor provides such support, the Licensee shall pay to the Licensor, within fifteen (15) days after bills shall have been rendered therefor, all expense incurred by the Licensor in connection therewith, which expense shall include all assignable costs. ple.exb Exhibit B PLE EXB 980112 Form Approved,AVP-Law D. The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with the adjacent surface of the ground. Section 3. NOTICE OF COMMENCEMENT OF WORK. If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as practicable to Licensor before commencing any work. In all other situations, the Licensee shall notify the Licensor at least ten(10) days(or such other time as the Licensor may allow)in advance of the commencement of any work upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline. All such work shall be prosecuted diligently to completion. Section 4. LICENSEE TO BEAR ENTIRE EXPENSE. The Licensee shall bear the entire cost and expense incurred in connection with the construction, maintenance, repair and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipeline, including any and all expense which may be incurred by the Licensor in connection therewith for supervision, inspection, flagging, or otherwise. Section 5. REINFORCEMENT, RELOCATION OR REMOVAL OF PIPELINE. A. The license herein granted is subject to the needs and requirements of the Licensor in the safe and efficient operation of its railroad and in the improvement and use of its property. The Licensee shall, at the sole expense of the Licensee, reinforce or otherwise modify the Pipeline, or move all or any portion of the Pipeline to such new location, or remove the Pipeline from the Licensor's property, as the Licensor may designate, whenever, in the furtherance of its needs and requirements,the Licensor, at its sole election, finds such action necessary or desirable. B. All the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the Licensor in the location hereinbefore described shall, so far as the Pipeline remains on the property, apply to the Pipeline as modified, changed or relocated within the contemplation of this section. Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION. The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor shall be constructed and, at all times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Licensor, and nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof. Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Licensee shall telephone the Licensor during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except for holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic ple.exb Exhibit B PLE EXB 980112 Form Approved,AVP-Law cable, all at Licensee's expense, and will commence no work on the Licensor's property until all such protection or relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless from and against all costs,liability and expense whatsoever(including,without limitation, attorneys' fees, court costs and expenses) arising out of or caused in any way by Licensee's failure to comply with the provisions of this paragraph. B. IN ADDITION TO OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, THE LICENSEE SHALL INDEMNIFY, DEFEND AND HOLD THE LICENSOR HARMLESS FROM AND AGAINST ALL COSTS, LIABILITY AND EXPENSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS AND EXPENSES) CAUSED BY THE NEGLIGENCE OF THE LICENSEE, ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, RESULTING IN (1) ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON LICENSOR'S PROPERTY, AND/OR (2) ANY INJURY TO OR DEATH OF ANY PERSON EMPLOYED BY OR ON BEHALF OF ANY TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, ON LICENSOR'S PROPERTY, EXCEPT IF SUCH COSTS, LIABILITY OR EXPENSES ARE CAUSED SOLELY BY THE DIRECT ACTIVE NEGLIGENCE OF THE LICENSOR. LICENSEE FURTHER AGREES THAT IT SHALL NOT HAVE OR SEEK RECOURSE AGAINST LICENSOR FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE OR LOSS OF SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY USING LICENSOR'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON LICENSOR'S PROPERTY. Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL; TAXES. A. The Licensee shall fully pay for all materials joined or affixed to and labor performed upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline, and shall not permit or suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold harmless the Licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of such work done,labor performed, or materials furnished. B. The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in respect to,or on account of the Pipeline,to prevent the same from becoming a charge or lien upon property of the Licensor, and so that the taxes, charges and assessments levied upon or in respect to such property shall not be increased because of the location, construction or maintenance of the Pipeline or any improvement, appliance or fixture connected therewith placed upon such property, or on account of the Licensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed to the Licensee but shall be included in the assessment of the property of the Licensor, then the Licensee shall pay to the Licensor an equitable proportion of such taxes determined by the value of the Licensee's property upon property of the Licensor as compared with the entire value of such property. Section 9. RESTORATION OF LICENSOR'S PROPERTY. In the event the Licensor authorizes the Licensee to take down any fence of the Licensor or in any manner move or disturb any of the other property of the Licensor in connection with the construction, ple.exb Exhibit B PLE EXB 980112 Form Approved,AVP-Law maintenance, repair, renewal, modification, reconstruction,relocation or removal of the Pipeline, then in that event the Licensee shall, as soon as possible and at Licensee's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, its officers, agents and employees, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever nature,including court costs and attorneys'fees, which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, when such injury, death, damage, loss or destruction grows out of or arises from-the taking down of any fence or the moving or disturbance of any other property of the Licensor. Section 10. INDEMNITY. A. As used in this Section, "Licensor" includes other railroad companies using the Licensor's property at or near the location of the Licensee's installation and their officers, agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from: (a) injury to or death of persons whomsoever (including the Licensor's officers, agents, and employees, the Licensee's officers, agents, and employees, as well as any other person); and/or (b) damage to or loss or destruction of property whatsoever (including Licensee's property, damage to the roadbed, tracks,equipment, or other property of the Licensor, or property in its care or custody). B. AS A MAJOR INDUCEMENT AND IN CONSIDERATION OF THE LICENSE AND PERMISSION HEREIN GRANTED, THE LICENSEE AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE LICENSOR FROM ANY LOSS WHICH IS DUE TO OR ARISES FROM: 1. THE PROSECUTION OF ANY WORK CONTEMPLATED BY THIS AGREEMENT INCLUDING THE INSTALLATION, CONSTRUCTION, MAINTENANCE, REPAIR, RENEWAL, MODIFICATION, RECONSTRUCTION, RELOCATION, OR REMOVAL OF THE PIPELINE OR ANY PART THEREOF; 2. THE PRESENCE, OPERATION, OR USE OF THE PIPELINE OR CONTENTS ESCAPING THEREFROM; OR 3. LICENSEE'S BREACH OF THIS AGREEMENT, EXCEPT WHERE THE LOSS IS CAUSED BY THE SOLE DIRECT NEGLIGENCE OF THE LICENSOR, AS DETERMINED IN A FINAL JUDGMENT BY A COURT OF COMPETENT JURISDICTION, IT BEING THE INTENTION OF THE PARTIES THAT THE ABOVE INDEMNITY WILL OTHERWISE APPLY TO LOSES CAUSED OR ARISING FROM, IN WHOLE OR IN PART, LICENSER'S NEGLIGENCE. Section 11. REMOVAL OF PIPELINE UPON TERMINATION OF AGREEMENT. Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's sole expense, remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to the satisfaction of the Licensor, such portions of such property to as good a condition as they were in at the time of the construction of the Pipeline. If the Licensee fails to do the foregoing, the Licensor may do such work of removal and restoration at the cost and expense of the Licensee. The Licensor may, at its option, upon such termination, at the entire cost ple.exb Exhibit B PLE EXB 980112 Form Approved,AVP-Law and expense of the Licensee,remove the portions of the Pipeline located underneath its roadbed and track or tracks and restore such roadbed to as good a condition as it was in at the time of the construction of the Pipeline, or it may permit the Licensee to do such work of removal and restoration to the satisfaction of the Licensor. In the event of the removal by the Licensor of the property of the Licensee and of the restoration of the roadbed and property as herein provided, the Licensor shall in no manner be liable to the Licensee for any damage sustained by the Licensee for or on account thereof, and such removal and restoration shall in no manner prejudice or impair any right of action for damages, or otherwise, that the Licensor may have against the Licensee. Section 12. WAIVER OF BREACH. The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any remedy for any subsequent breach thereof. Section 13. TERMINATION. A. If the Licensee does not use the right herein granted or the Pipeline for one (1) year, or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith immediately terminate this Agreement by written notice. B. In addition to the provisions of subparagraph (a) above, this Agreement may be terminated by written notice given by either party hereto to the other on any date in such notice stated, not less, however, than thirty(30) days subsequent to the date upon which such notice shall be given. C. Notice of default and notice of termination may be served personally upon the Licensee or by mailing to the last known address of the Licensee. Termination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior thereto. Section 14. AGRIrEMENT NOT TO BE ASSIGNED. The Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of the Licensor, and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent in writing, shall be absolutely void and, at the option of the Licensor, shall terminate this Agreement. Section 15. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 14 hereof,this Agreement shall be binding upon and inure to the benefit of the parties hereto,their heirs, executors,administrators, successors and assigns. ple.exb Exhibit B PVWLDRAINAGE INS. Form Approved,AVP-law Updated 03/01/2003 EXHIBIT C Union Pacific Railroad Insurance Requirements Licensee shall, at its sole cost and expense, procure and maintain during the life of this Agreement (except as otherwise provided in this Agreement)the following insurance coverage: A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, which must be stated on the certificate of insurance: • Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property"as the Designated Job Site. B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $2,000,000 for each accident. The policy must contain the following endorsements,which must be stated on the certificate of insurance: • Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Property" as the Designated Job Site. • Motor Carrier Act Endorsement-Hazardous materials clean up (MCS-90)if required by law. C. Workers Compensation and Employers Liability insurance. Coverage must include but not be limited to: • Licensee's statutory liability under the workers' compensation laws of the state where the Pipeline is located. • Employers'Liability(Part B) with limits of at least$500,000 each accident, $500,000 disease policy limit$500,000 each employee. If Licensee is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. The policy must contain the following endorsement, which must be stated on the certificate of insurance: • Alternate Employer endorsement ISO form WC 00 03 01 A (or a substitute form providing equivalent coverage) showing Railroad in the schedule as the alternate employer (or a substitute form providing equivalent coverage). PLIWUDRAINAGE INS. Form Approved,AVP-Law Updateo ._,01/2003 D. Railroad Protective Liability insurance. During the period of any construction, maintenance, repair, modification or reconstruction of the Pipeline, Licensee must maintain Railroad Protective Liability insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Licensor as named insured,with a limit of not less than$2,000,000 per occurrence and an aggregate of$6,000,000. A binder stating the policy is in place must be submitted to Licensor before the work may be commenced and until the original policy is forwarded to Licensor. E. Umbrella or Excess insurance. If Licensee utilizes umbrella or excess policies, these policies must"follow form"and afford no less coverage than the primary policy. Other Requirements F. All policy(ies) required above (except worker's compensation and employers liability) must include Licensor as "Additional Insured"using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage). The coverage provided to Licensor as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 26, and CA 20 48 provide coverage for Licensor's negligence whether sole or partial, active or passive, and shall not be limited by Licensee's liability under the indemnity provisions of this Agreement. G. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless the law governing this Agreement prohibits all punitive damages that might arise under this Agreement. A. Licensee waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees. This waiver must be stated on the certificate of insurance. I. Prior to commencing any work, Licensee shall furnish Licensor with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this Agreement. J. All insurance policies must be written by a reputable insurance company acceptable to Licensor or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state in which the Pipeline is located. K. The fact that insurance is obtained by Licensee or by Licensor on behalf of Licensee will not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Licensor from Licensee or any third party will not be limited by the amount of the required insurance coverage. E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Fiscal Year 2023 Cooperative Agreement between the City of Meridian and Valley Regional Transit APPROVED ] C� fIEN DLAN Hc MEMO TO CITY COUNCIL Consent Agenda Item on the City Council Agenda From: Miranda Carson, Coordination Planner Meeting Date: December 6, 2022 Topic: Valley Regional Transit FY23 Cooperative Agreement Attached is the FY 2023 Cooperative Agreement between Valley Regional Transit (VRT) and the City of Meridian. The assessments c mprising the contribution request of$792,014 are as follows: General Special Capital Service Assessment Total Contract Assessment Assessment Assessment $70,588 $170,000 $36,096 $515,330 $792,014 These assessments are described in Exhibit 1 of the agreement. Services included in these assessments are: Route 30, Route 40 and Route 42 Inter-County lines, Rides2Wellness, Harvest Transit, Meridian Veterans Shuttle, and ACCESS paratransit services. After coordination with staff in Planning, Finance, and Legal my recommendation is approval of this agreement. COOPERATIVE AGREEMENT BETWEEN VALLEY REGIONAL TRANSIT AND CITY OF MERIDIAN FOR PUBLIC TRANSPORTATION FINANCIAL CONTRIBUTION THIS COOPERATIVE AGREEMENT ("Agreement") is entered into this 1st day of October 2022 by and between VALLEY REGIONAL TRANSIT, a regional public transportation authority authorized under Chapter 21, Title 40, Idaho Code ("Authority"), and the City of Meridian, a municipal corporation organized, existing and authorized under Chapter 1, Title 50, Idaho Code ("City") RECITALS a. Authority is the regional public transportation authority created to serve Ada and Canyon Counties, pursuant to Chapter 21, Title 40, Idaho Code, and as a result of November 3, 1998 public referendum. Authority provides publicly funded or publicly subsidized transportation services and programs in Ada and Canyon counties. b. City is a municipal corporation authorized under Chapter 1, Title 50, Idaho Code. C. Idaho Code § 40-2109(7) provides that Authority may enter into cooperative agreements with the state, other authorities, counties, cities and highway districts under the provisions of Idaho Code § 67-2328, which expressly authorizes public agencies to enter into agreements with one another for cooperative action for purposes within the power, privilege, or authority of said agencies. d. Idaho Code § 40-2110 provides that counties, cities, highway districts and other governmental entities in the region may enter into cooperative agreements with the regional public transportation authority in order to contribute funds from any source in recognition of costs of the authority. e. Authority develops funding requests through an approved cost allocation methodology. There are four categories involved in generating the initial funding request: general assessments, service and capital contributions, and special assessments. f. Authority has budgeted the not to exceed amount of $792,014 for City to contribute to support services, capital and regional overhead expenses. City has budgeted the same not to exceed amount representing the City's fair share of support for services, capital, and regional overhead, as set forth in Exhibit 1. g. Authority generally follows the allocation methodology to designate how City contributions are used. However, Authority may leverage City contributions as local match to optimize utilization of both local and federal sources of funding to ensure the most effective use of all revenue sources. Page 1 of 5 AGREEMENT NOW, THEREFORE, in consideration of foregoing recitals, which are made a part of this Agreement and not mere recitals, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed as follows: Section 1. Term This Agreement shall be in effect from the 1st day of October 2022, and will terminate on the 30t" day of September 2023, unless earlier terminated pursuant the mutual written agreement of the parties hereto. Section 2. Purpose The purpose of this Agreement is: (a) For City to pay the not to exceed amount of $792,014 to Authority for Fiscal Year 2023 expenses pertaining to services, capital, and regional overhead required to support the regional transportation services within the City's jurisdiction, as set forth in Exhibit 1. (b) For Authority to use City's contribution for service, capital, and regional overhead expenses included in the annual FY2023 budget to support services within City's jurisdiction. (c) For Authority to leverage City's contribution with matching federal funding to optimize all revenue sources available for operations, capital, and regional overhead. Section 3. Compliance Authority, in using said City's contribution shall comply with all conditions required by applicable federal, state and local laws and regulations, and shall maintain, in accordance with generally accepted accounting practices and principles, records and books of account regarding said assessments and operating costs. Section 4. Payment (a) For City to pay $792,014 to Authority for Fiscal Year 2023 expenses pertaining to services, capital, and regional overhead required to support the regional transportation services within the City's jurisdiction. (b) Authority shall provide City a quarterly status report on capital or other special projects. (c) Payment shall be made directly to Authority at the following address, unless City is notified in writing by Authority of a new address: Valley Regional Transit 700 NE 2nd St Suite 100 Meridian, Idaho 83642 (d) City's address, for the purpose of invoice, notice or correspondence, unless Authority is notified in writing by City of a new address, is as follows: City of Meridian 33 E. Broadway Meridian, Idaho 83642 Page 2 of 5 Section 5. Contact Information (a) Authority point of contact for this agreement is: Jason Jedry, Chief Financial Officer,iiedry@valleyregionaltransit.org, 208.258.2709 (b) City point of contact for this agreement is: Miranda Carson, Comprehensive Associate Coordination Planner, mcarson@meridiancity.org Section 6. Miscellaneous (a) Each party hereto represents and warrants that each person executing this Agreement on behalf of such party is, at the time of such execution, duly authorized to do so by such party's governing body, and is fully vested with the authority to bind such party in all respects. (b) If any provision of this Agreement is held invalid, illegal, or unenforceable, the remainder shall be construed to conform to the intent of the parties, and shall survive the severed provisions. (c) Except as provided otherwise herein, this Agreement and any attachments hereto constitute the entire Agreement between Authority and City concerning the subject matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly for or against any party. (d) The captions and headings in this Agreement are for reference only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants, conditions or agreements contained herein. (e) This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third party beneficiary rights in any person not a party hereto. (f) This Agreement shall be binding on the parties hereto, and their successors and assigns. Section 6. Indemnification To the extent permissible by law,Authority shall indemnify, defend, protect and hold harmless City, and it's officers, agents and employees, from and against any and all liabilities, losses, suits, claims,judgments, fines or demands arising by reason of injury or death of any person or damage to any property, including all reasonable costs for investigation and defense thereof(including but not limited to attorney fees, court costs, and expert fees), of any nature whatsoever (collectively, "Claims") arising out of or incident to this Agreement, and any renewal or extension thereof, and arising out of or caused by the negligent or intentional acts or omissions of Authority, it's officers, agents and employees, regardless of where the injury, death, or damage may occur, except to the extent any such Claims arise out of or are caused by the negligent or intentional act or omission of City or its officers, agents and employees. City shall give to Authority reasonable notice of any such Claims. Authority shall notify City of the counsel to be used in carrying out its obligations hereunder. City must state any reasonable objection that it may have regarding the use of said counsel. The provisions of this section shall be deemed to be a separate contract between the parties and shall survive the expiration or any default, termination or forfeiture of this Agreement, and any renewal or extension thereof. Notwithstanding anything to the contrary in the foregoing, City's right to indemnification pursuant to the foregoing shall be limited to indemnification for such Page 3 of 5 Claims for which City incurs actual liability or expense. The foregoing indemnification includes, without limitation, any Claim arising out of or caused by the noncompliance of any services, programs, or activities provided by Authority under this Agreement with all applicable federal, state, and local statutes, regulations, and requirements, including, but not limited to, the Americans with Disabilities Act(ADA). Notwithstanding anything to the contrary in the foregoing, (i) no employee or officer of Authority shall be personally liable to City under this Agreement, (ii) with respect to third party Claims, both Authority and City expressly reserve any and all of the privileges and immunities available to them, if any, under Idaho law, and (iii) the agreement of Authority to hold harmless or indemnify City shall be limited to, and be payable only from, Authority's available insurance or self-insurance coverage for liability assumed by contract available as a part of its general liability insurance program." EXECUTED and effective as of the date first above written. Valley Regional Transit: City of Meridian: Kelli Badesheim Robert . Simis n 12-6-2022 Chief Executive Officer Mayor ATTEST: L�/ j fChi^iu�aN�� seat. Chris Johns n, City Clerk 12-6-2022 Pate 4 of 5 EXHIBIT 1 FY 2023 CITY OF MERIDIAN SERVICE AND CONTRIBUTION DESCRIPTION Pursuant to the FY 2023 Cooperative Agreement between Valley Regional Transit (VRT) and the City of Meridian for Public Transportation Financial Contribution, this exhibit outlines the public transportation activities in the four categories used to generate the contribution request. Meridian Assessments General Assessment Special Assessment Capital Assessment Service Assessment $70,588 $170,000 $36,096 $515,330 General Assessment: Supports regional planning efforts such as service expansion or revisions to improve transit connections and regional operations such as the regional customer service call center and regional transit Information Technology. In accordance with VRT's local cost allocation methodology, these costs are divided by each jurisdiction share of the regional population. Service Assessment: Meridian is served by routes 40 and 42 which run Monday - Friday and connect Meridian to both Boise and Nampa/Caldwell. Meridian is also served by the local route 30 Pine which operates entirely within Meridian and connects Ten Mile Crossing to downtown Meridian and Kleiner Park. Service run Monday - Friday, 6 AM - 10AM and 3PM - 7 PM. VRT's cost allocation methodology distributes the costs of service proportionately to the miles travelled in each jurisdiction served. Approximately 21% of routes 40 and 42 operate within the City of Meridian. Meridian's service contribution for routes 40 and 42 was based on 20.56% of the combined intercountry miles serving Meridian. Capital Assessment: Supports the maintenance or purchase of physical infrastructure or assets. The cost allocation model distributes general capital costs by where the service is provided. Meridian's capital contribution request for FY2023 is based on Meridian's share of the transit service provided. Special Assessment: Supports specific activities, projects or programs requested by the City of Meridian. In FY2023 the City of Meridian special assessments go to support the operations of Harvest Transit, Rides2Wellness and to continue the Meridian Veteran's Shuttle service. Harvest Transit provides free transportation for seniors, persons with disabilities, and veterans from 9 a.m. to 3 p.m. Monday through Saturday within a designated service area in Meridian. The budgeted annual hours of service for Harvest Transit are 7,800. Local contributions for this program come from Saltzer Health and the City of Meridian. Rides2Wellness provides free transportation to eligible riders to medical appointments at participating clinics. Costs for this program are assessed on a per ride basis. The budgeted annual rides for Rides2Wellness is 13,297. The Federal Transit Administration provides a 50% match for local contributions to this program. Local contributions to this program come from St. Luke's, St. Alphonsus and the City of Meridian. Meridian Veterans Shuttle provides free transportation for Meridian veterans Monday - Friday from 7:OOam to 5:30pm between Meridian and the Boise Veterans Administration Medical Center. Page 5 of 5 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Professional Services Agreement with Crime Stoppers APPROVED C� fIEN DLAN HO MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Police Department Meeting Date: December 6, 2022 Presenter: Chief Tracy Basterrechea Estimated Time: 10 mins Topic: Professional Services Agreement with Crime Stoppers Recommended Council Action: Mayors signature needed Background: Crime Stoppers programs were formed for the purpose of providing crime-solving assistance to law enforcement agencies, and worldwide. Crime Stoppers programs have solved over half a million crimes and recovered over three billion dollars' worth of stolen property. PROFESSIONAL SERVICES AGREEMENT WITH CRIMESTOPPERS This PROFESSIONAL SERVICES AGREEMENT WITH CRIMESTOPPERS ("Agreement") is made effective this 6th day of_ December , 2022 ("Effective Date"), by and between the City of Meridian, Idaho, a municipal corporation organized under the laws of the state of Idaho("City"), and Crime Stoppers of Southwest Idaho, a non-profit corporation organized under the laws of the state of Idaho("Crime Stoppers"), collectively, "Parties." WHEREAS, Crime Stoppers programs were formed for the purpose of providing crime- solving assistance to law enforcement agencies,and worldwide, Crime Stoppers programs have solved over half a million crimes and recovered over three billion dollars' worth of stolen property; and WHEREAS, Crime Stoppers of Southwest Idaho was founded in 1981, is administered by an all-volunteer board of directors, and includes programs that assist law enforcement agencies by providing information on crimes called in to the Crime Stoppers Tip Line with information which leads to arrest; and WHEREAS, City desires to partner with Crime Stoppers to provide community services and continued assistance to the Meridian Police Department and other law enforcement agencies. 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. Scope of services: The services to be performed by Crime Stoppers under this Agreement shall be those services identified in Exhibit A, attached hereto and incorporated by reference herein. 2. Term: The term of this Agreement shall be from the Effective Date first written above, through September 30, 2023. 3. Compensation and Payment: For services provided under this Agreement, City shall pay to Crime Stoppers thirteen thousand, five hundred dollars ($13,500.00). 4. Method of payment:. Crime Stoppers shall provide to City a completed W-9 form and invoice for services provided under this Agreement. City shall make payment to Crime Stoppers within thirty(30) days of receipt of the completed W-9 form and invoice. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Crime Stoppers under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Crime Stoppers. 5. Independent Contractor: At all times during the term of this Agreement, Crime Stoppers shall be an independent contractor and shall not be an employee of the City. The City shall have the right to control Crime Stoppers only insofar as the results of Crime Stoppers' services rendered pursuant to this Agreement. The City shall not have the right to control the means and PROFESSIONAL SERVICES AGREEMENT WITH CRIME STOPPERS PAGE I methods by which Crime Stoppers accomplishes services rendered hereunder. Crime Stoppers shall indemnify the City against any liability arising out of an allegation or finding that Crime Stoppers is not an independent contractor. Crime Stoppers will be solely responsible for payment of all federal and state taxes,will not be an employee of the City for worker's compensation purposes or any other purposes,and will not have unemployment insurance benefits. Crime Stoppers shall supply, at Crime Stoppers' sole expense, all equipment,tools, materials,and/or supplies to accomplish the services to be provided under this Agreement. 6. Time of the essence:. Crime Stoppers acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 7. Recordkeeping: Crime Stoppers shall prepare and maintain complete and accurate records regarding the performance of services under this Agreement, including,but not limited to,an annual report summarizing the number of tips leading to an arrest and summarizing the community outreach programs conducted during the term of this Agreement. Such annual report shall be submitted to City between August 1, 2023 and August 15, 2023. 8. Indemnification: Crime Stoppers shall agree to indemnify and save and hold harmless City, and any and all of its employees, agents, volunteers, and/or elected officials, from and for any and all losses, claims, actions,judgment 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 Crime Stoppers' actions or omissions under this Agreement. 9. Day-to-day communications: Communication between Crime Stoppers and City regarding day-to-day matters shall occur via e-mail,text message, or telephone or video call. City shall provide Crime Stoppers the name, e-mail address, and telephone number of specific Meridian Police Department personnel("Police Contact") who shall serve as the liaison between City and Crime Stoppers for all matters regarding day-to-day matters. Crime Stoppers shall provide City the name, e-mail address, and telephone number of specific Crime Stoppers personnel ("Crime Stoppers Contact") who shall serve as the liaison between Crime Stoppers and City for all day-to-day matters. 10. All other notice: All other notices required to be given by either of the Parties shall be in writing and be deemed communicated when sent via e-mail,personal service, or mailed via United States mail, to the following personnel and address: If to Ci . If to Crime Stoppers: City of Meridian Crime Stoppers of Southwest Idaho, Inc. Attn: City Clerk P.O. Box 1452 33 E. Broadway Avenue Meridian ID 83680 Meridian ID 83642 crimestoppersofswid@gmail.com cityclerk@meridiancity.org PROFESSIONAL SERVICES AGREEMENT WITH CRIME STOPPERS PAGE 2 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. 11. Termination: If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have seven(7) days after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. 12. Assignment: This Agreement may not be assigned or delegated by either party without prior written consent of the other party. 13. Amendments: This Agreement may be amended only in writing upon mutual agreement of the governing board and/or duly authorized representatives of both City and Crime Stoppers. 14. Attorneys' Fees: The prevailing party in any claims or disputes arising out of this Agreement shall be entitled to recover reasonable attorneys' fees in addition to other relief which a court of competent jurisdiction may award. 15. Waiver: Crime Stoppers waives any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from,growing out of, or in any way connected with or incident to Crime Stoppers' performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. 16. Worker's compensation insurance: Crime Stoppers shall obtain and shall maintain, at Crime Stoppers' sole expense, workers' compensation insurance, in an amount required by law, to cover any and all persons employed by Crime Stoppers. 17. Governing Law: This Agreement will be construed in accordance with the laws of the State of Idaho. The Parties submit to the jurisdiction of Idaho courts and agree that proper venue for any suit concerning this Agreement shall be in the Fourth Judicial District of the State of Idaho, in and for Ada County. 18. Entire Agreement: This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party,or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. PROFESSIONAL SERVICES AGREEMENT WITH CRIME STOPPERS PAGE 3 19. Exhibits:, All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. 20. Severability: If any provision of this Agreement, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. 21. Approval: The City and Crime Stoppers each acknowledge that this Agreement, even though agreed upon by the City's representatives,is not binding upon the City until such time as the Meridian City Council approves this Agreement and authorizes the Mayor to execute this Agreement on behalf of City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CRIME STOPPERS OF SOUTHWEST IDAHO, INC.: Brii Mason President CITY OF MERIDIAN: Attest: BY: Robert E. Simison 12-6-2022 Chris Johnson 12-6-2022 Mayor City Clerk PROFESSIONAL SERVICES AGREEMENT WITH CRIME STOPPERS PAGE 4 EXHIBIT A— SCOPE OF SERVICES A. Crime Stoppers will staff and operate a twenty-four(24) hour telephone hotline to take anonymous tips regarding Meridian crimes. B. Crime Stoppers will provide a website and mobile application (also known as an"app") to take anonymous tips regarding Meridian crimes. C. Crime Stoppers will provide at least one(1) Police Coordinator who will act as the liaison between the Meridian Police Department and Crime Stoppers. Crime Stoppers will forward all tips received to the Police Contact. D. Crime Stoppers will use social media and their website to actively solicit information from the community only upon request and approval from the Meridian Police Department. E. Crime Stoppers will provide five(5) informational signs for use and posting by the City of Meridian. F. Crime Stoppers will provide at least one(1) public outreach program to assist and educate Meridian citizens on crime prevention and reporting. G. Crime Stoppers will provide at least one(1) educational program to a Meridian school regarding implementing and maintaining a school crime prevention program. PROFESSIONAL SERVICES AGREEMENT WITH CRIME STOPPERS PAGE 5 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Memorandum of Agreement Between the Ada County Highway District and the City of Meridian for Five Mile Creek Pathway Segment D Design and Construction APPROVED MEMORANDUM OF AGREEMENT BETWEEN ADA COUNTY HIGHWAY DISTRICT AND CITY OF MERIDIAN FOR PATHWAY SEGMENT DESIGN AND CONSTRUCTION This MEMORANDUM OF AGREEMENT BETWEEN ADA COUNTY HIGHWAY DISTRICT AND CITY OF MERIDIAN FOR PATHWAY SEGMENT DESIGN AND CONSTRUCTION ("Agreement"), is made and entered into this 6th day of December , 2022, by and between the Ada County Highway District, a highway ACHD organized under the laws of the State of Idaho ("ACHD"), and the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") (collectively, "Parties"). WHEREAS,ACHD plans to build a maintenance facility at 3764 W. Ustick Road, Meridian, Ada County Parcel no. SO434438600 ("Property"); WHEREAS, City, by and through its Parks and Recreation Department, and pursuant to its Pathways Master Plan, intends to design and construct a multi-use public pathway running along Fivemile Creek from just east of Ninemile Creek to N. Grand Lake Way. ("Pathway"); WHEREAS, a segment of the Pathway traverses the north side of the Property ("Pathway Segment"); WHEREAS,ACHD is required by its April 19, 2022 Development Agreement with City (recorded in Ada County as Instrument no. 2022-038673)to install the Pathway Segment; WHEREAS, City and ACHD have an opportunity to cooperate in design and construction of the Pathway Segment; NOW, THEREFORE, for and in consideration of the covenants, agreements and conditions hereinafter set forth, the Parties mutually agree as follows: I.PARTIES'RESPONSIBILITIES. A. Contacts. City shall designate an individual to serve as City Contact, which individual shall consult with ACHD upon ACHD's request and as specified in this Agreement. ACHD shall designate an individual to serve as ACHD Contact, which individual shall consult with City upon City's request and as specified in this Agreement. The Contacts shall each be authorized to make communications on behalf of their respective agencies. B. Pathway design. City has engaged design professionals to design and prepare construction plans for the Pathway,pursuant to the specifications established by City's Pathways Master Plan. City shall pay the design professionals in full, shall bear all expenses associated with design of and preparation of the construction plans for Pathway, and shall manage all aspects of the design of and preparation of the construction plans for the Pathway. MEMORANDUM OF AGREEMENT BETWEEN CITY AND ACHD FOR PATHWAY DESIGN AND CONSTRUCTION PAGE I C. Pathway bid. Following completion of design of and preparation of the construction plans for the Pathway, City shall,pursuant to City's Procurement Policy, issue a request for bids for construction of the Pathway, with alternate scopes of work for 1) construction of the Pathway with the Pathway Segment, and 2) construction of the Pathway without the Pathway Segment. City shall manage all aspects of the request for bids and selection of the contractor, and shall bear all expenses associated with selection of the contractor. D. ACHD option. Following City's selection of a contractor, City Contact shall provide to ACHD Contact the bid for the scope of work for construction of the Pathway with the Pathway Segment. ACHD Contact shall seek input from ACHD, determine whether ACHD will partner with City to build the Pathway Segment as part of construction of the Pathway, and communicate the decision to City Contact. If ACHD elects not to partner with City for such purpose, this Agreement shall automatically terminate upon ACHD Contact's written communication of such decision to City Contact. E. Pathway construction and reimbursement. If ACHD does elect to partner with City to build the Pathway Segment as part of construction of the Pathway, City shall construct the Pathway, including the Pathway Segment. Within thirty(30) days of completion of construction of the Pathway and receipt of final invoice from the contractor for construction of the Pathway and Pathway Segment, City shall issue to ACHD an invoice for the proportionate cost of constructing the Pathway Segment in conjunction with the City's construction of the Pathway. ACHD shall pay City in full for such costs within thirty(30) days of City's issuance of the invoice. II.GENERAL PROVISIONS. A. City and ACHD Contacts. The Parties hereby designate the following individuals to serve as the City Contact and ACHD Contact, respectively: City Contact: ACHD Contact: Mike Barton, Parks Superintendent Heather Friddle, Superintendent mbarton@meridiancity.org hfriddle@achdidaho.org 208-884-5533 208-509-2031 B. Notice. Communication between City Contact and ACHD Contact may occur via e-mail or telephone. All other notices required to be given by either of the Parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: If to City: If to ACHD: City Clerk, City of Meridian Ada County Highway District 33 E. Broadway Avenue 3775 Adams Street Meridian, Idaho 83642 Garden City, Idaho 83714 C. Non-appropriation. Notwithstanding any other provision of this Agreement, City shall not be obligated by any provision of this Agreement unless and until the Meridian City Council appropriates adequate funds for this Agreement in the City's budget for the applicable fiscal year. In the event that funds are not appropriated necessary to meet obligations contemplated MEMORANDUM OF AGREEMENT BETWEEN CITY AND ACHD FOR PATHWAY DESIGN AND CONSTRUCTION PAGE 2 by this Agreement, then this Agreement shall terminate. City shall notify ACHD of any such non-appropriation of funds at the earliest practicable date. D. Assignment. Neither party shall assign or sublet all or any portion of its respective interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of the other party. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representative, successors, and assigns of the Parties. E. No agency. For purposes of or in furtherance of this Agreement, neither party nor its respective employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered agents of the other in any manner or for any purpose whatsoever. F. Hold harmless. For purposes of or in furtherance of this Agreement, each parry and each of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, shall save and hold harmless the other party from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by either parry or any employee, agent, contractor, official, officer, servant, guest, and/or invitee thereof. G. Compliance with laws. In performing the scope of services required hereunder, City and ACHD shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. H. Termination. This Agreement may be terminated by either Party upon mailing of notice of termination. I. 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. J. 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 parry becomes entitled to the benefit thereof, notwithstanding delay in enforcement. K. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and ACHD. The Parties signatory hereto represent and warrant that each is duly authorized to bind, respectively, City and ACHD to this Agreement in all respects. L. Entire Agreement. This Agreement contains the entire agreement of the Parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. MEMORANDUM OF AGREEMENT BETWEEN CITY AND ACHD FOR PATHWAY DESIGN AND CONSTRUCTION PAGE 3 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. ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: By: By: Mary a ce W'Ung President, of Com issioners CITY OF MERIDIAN: ATTEST: .� S �UAL By: By: �. Robert E. Si iso 12-6-2022 Chris John n 12"-'6 22 Mayor City Clerk MEMORANDUM OF AGREEMENT BETWEEN CITY AND ACHD FOR PATHWAY DESIGN AND CONSTRUCTION PAGE 4 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Approval of Purchase Order#22-0106 to Ada County Highway District for the Interagency Agreement for the Locust Grove, Overland to Victory Project for the Not-To-Exceed Amount of$1,312,293.46 APPROVED ] C� fIEN DLAN HO MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts, Procurement Meeting Date: December, 6 2022 Presenter: Consent Estimated Time: Consent Topic: Approval of PO #22-0106 to ACHD for the Interagency Agreement for the Locust Grove - Overland to Victory project for the Not-To-Exceed amount of$1,312,293.46 Recommended Council Action: Approval of PO #22-0106. Background: The Interagency Agreement was approved by Council 8/9/2022. The estimate at that time was $1,077,040.00. Bids came in at$1,312,293.46, $235,253.46 over the estimate. fE IDIANty Purchase Order 12/6/2022 23-0106 Attention: Tyson Glock CITY OF MERIDIAN Billing Attn: Finance 33 y Ave 33 EAST BROADWAY AVE. Meridian,Bro IDa 8 Address: 3642 MERIDIAN,ID 83642 (208) 888-4433 Shipping 33 E Broadway Ave. Vendor Address: Address: Ste. 200 Meridian, ID 83642 ADA COUNTY HIGHWAY DISTRICT 3775 ADAMS ST. GARDEN CITY, ID 83714-6447 Shipping Method: Contractor FOB: Destination Pre-Paid Description Unit I Quantity Unit Price Total 23-0106 ACHD Locust Grove-Victory to Overland 3490 Dollar 984220.00 1.00 984,220.00 23-0106 ACHD Locust Grove-Victory to Overland 3590 Dollar 328073.46 1.00 328,073.46 Purchase Order Total: $1,312,293.46 Purchasing Manager: = �� Special Instructions Bid results from Interagency Agreement approved by Council on 8/9/2022. Not-To-Exceed $1,312,293.46 Split $984,220.00 30-3490-96140-10976.c and $328,073.46 60-3590-93505-10976.c PO approved by Council 12/6/2022 Ticket#85070 Mayor Robert E. Simison E IDIAN ��� City Council Members �► Joe Borton Treg Bernt Public Works I D A H 0 Luke Cavener Brad Hoaglun De art Jessica Perreault Liz�Itrader�, TO: Mayor Robert E. Simison Members of the City Council FROM: Tyson Glock Staff Engineer II DATE: November 14, 2022 SUBJECT: IN ACCORDANCE WITH THE INTERAGENCY AGREEMENT AND COST SHARE AGREEMENT PREVIOUSLY APPROVED BY CITY COUNCIL,APPROVE THE NOT-TO-EXCEED AMOUNT OF $1,312,293.46 TO PAY ADA COUNTY HIGHWAY DISTRICT (ACHD) FOR CITY WATER AND SEWER IMPROVEMENTS CONSTRUCTED BY NAMPA PAVING & ASPHALT CO ALONG LOCUST GROVE FROM OVERLAND TO VICTORY AND THE INTERSECTION OF LOCUST GROVE AND VICTORY ROADS. ACHD PROJECT 319043/519034.001 AND CITY OF MERIDIAN PROJECT 10976 I. RECOMMENDED ACTION A. Move to: In accordance with the Interagency Agreement and Cost Share Agreement, approve the not-to-exceed amount of$1,312,293.46 to pay ACHD for City water and sewer improvements constructed along Locust Grove from Overland to Victory Road and the intersection of Locust Grove and Victory Road. ACHD Project 319043/519034.001 and City of Meridian Project 10976. II. DEPARTMENT CONTACT PERSONS Tyson Glock, Staff Engineer II 208-489-0358 Kyle Radek, Assistant City Engineer 208-489-0343 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey, Director of Public Works 208-985-1259 III. DESCRIPTION A. Back rg ound Page I of 3 ACHD plans to widen and improve Locust Grove Road from Overland to Victory Road. They also will construct a roundabout at the intersection of Locust Grove and Victory Roads. ACHD has agreed, per the attached Interagency Agreement, to include City water and sewer improvements as part of their project. They incorporated these improvements in their plans and bid documents. B. Proposed Project This project includes the construction of water and sewer improvements. The water improvements will include approximately 3,000 ft of 8-inch, 12-inch, and 16-inch PVC pipe and 1,000 ft of 16-inch and 24-inch HDPE pipe, subsequent adjustments of water valves, stubbing water to an unserved area, and the installation of seven water service stubs. The sewer improvements include installing approximately 125 ft. of 8-inch gravity sewer main,repairing damaged gravity sewer at four locations and installing two sewer service stub and the subsequent adjustments to existing manholes within the road corridor. In addition to the water and sewer work, landscaping along the west side of Well 17,that will be removed as part of ACHD's project,will be replaced and some paving for Well 17 drainage will be completed. IV. IMPACT A. Strategic Impact: This project is aligned with the Public Works objective of being opportunistic in planning for growth and infrastructure needs. The construction impacts on the residents will be minimized by partnering with ACHD. B. Fiscal Impact: The costs of the City of Meridian infrastructure improvements are $1,312,293.46 and will be funded from two different accounts as shown below. Project Costs: Fiscal Year 2022 --------- ------ --------------------------------- Construction - ACHD Overhead Costs $57,946.98 ACHD Traffic Control $95,406.90 Mobilization, and Fla in -----------------------;-------- --------------------- --- -------------------- Total $1,312,293.46 Available Project Funding:. ------ ---------------- ---------------- Fiscal Year 2022 Account Code-------- /Codes __.__.... . ......._....._. ............_..__..._....__...._.........._......_......;....................__................_................ Water Main Extensions 60-3490-96140 $984,220.00 -------- ---------------- Sewer Main Extensions 60-3590-93505 $328,073.46 i Page2of3 ---------------------------- ------------------------------- -; ---------------- ----------.,..._.. -------------------------- Total Funding $1,312,293.46 V. TIME CONSTRAINTS ACHD plans to start construction on this project in November 2022. City approval of this agreement is required for ACHD to install sewer and water improvements as part of their project. VI. LIST OF ATTACHMENTS A. Construction Cost Breakdown B. Interagency Agreement Approved for Council Agenda: �✓ Page 3 of 3 E IDIAN:-- T?A H� AGENDA ITEM ITEM TOPIC: Award of RFP and Approval of Agreement to Tonka Water for the Well 31 Water Treatment Facility Filter Equipment for the Not-To-Exceed amount of$532,200.00. APPROVED C� fIEN DLAN HO MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts, Procurement Meeting Date: December 6, 2022 Presenter: Consent Estimated Time: 0 Topic: Award of RFP and Approval of Agreement to Tonka Water for the Well 31 Water Treatment Facility Filter Equipment for the Not-To-Exceed amount of$532,200.00. Recommended Council Action: Award of RFP and approve the Agreement. Background: This award is the result of Formal RFP #PW-2250-11650.F. Two proposals were received. AGREEMENT FOR THE SUPPLY OF WELL 31 WATER TREATMENT FACILITY - FILTER EQUIPMENT PROJECT #11650.F THIS AGREEMENT FOR EQUIPMENT / SUPPLIES PROCUREMENT is made this 6t" day of December, 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, and KURITA AMERICA, INC. dba TONKA WATER, hereinafter referred to as "SUPPLIER", whose business address is 6600 94t—" Ave. North, Minneapolis, MN 55445. INTRODUCTION Whereas, the City has a need for WELL 31 FILTER EQUIPMENT; and WHEREAS, the SUPPLIER is specially trained, experienced and competent to provide and has agreed to provide such equipment; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1 . Equipment / Supply Specifications & Requirements: 1 .1 SUPPLIER shall supply the equipment, supplies and services to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all items, and comply in all respects, as specified in the Request for Proposals titled "Well 31 Water Treatment Facility - Filter Equipment Procurement" and suppliers proposal dated June 5, 2022, which by this reference are incorporated herein, together with all addendums issued. 1 .2 The SUPPLIER shall provide all equipment and services under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions and the UCC. The SUPPLIER 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. 2. Consideration 2.1 The SUPPLIER shall be compensated on a Fixed Price basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof, for the Not-To-Exceed amount of $532,200.00. 2.2 The SUPPLIER shall provide the City with a detailed invoice upon delivery of all equipment and supplies, which the City will pay within 30 days of receipt of a correct invoice and approval by the City Project Manager. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to SUPPLIER under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of SUPPLIER. 2.3 Except as expressly provided in this Agreement, SUPPLIER shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, SUPPLIER 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, or (b) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 3.2 Should SUPPLIER default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to SUPPLIER. 3.3 Should City fail to pay SUPPLIER all or any part of the compensation set forth in Attachment B of this Agreement on the date due, SUPPLIER, at the SUPPLIER's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Termination: If, through any cause, SUPPLIER, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to SUPPLIER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, SUPPLIER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by SUPPLIER, and the CITY may withhold any payments to SUPPLIER for the purposes of set-off until such time as the exact amount of damages due the CITY from SUPPLIER is determined. This provision shall survive the termination of this agreement and shall not relieve SUPPLIER of its liability to the CITY for damages. 5. Independent SUPPLIER: 5.1 In all matters pertaining to this agreement, SUPPLIER shall be acting as an independent SUPPLIER, and neither SUPPLIER nor any officer, employee or agent of SUPPLIER will be deemed an employee of CITY. Except as expressly provided in Attachment A, SUPPLIER has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 SUPPLIER, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent SUPPLIERs and not as employees of the City. 5.3 SUPPLIER shall determine the method, details and means of performing the work and services to be provided by SUPPLIER under this Agreement. SUPPLIER 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 SUPPLIER in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by SUPPLIER, such persons shall be entirely and exclusively under the direction and supervision and control of the SUPPLIER. 6. Indemnification and Insurance: a. SUPPLIER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the SUPPLIER, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. SUPPLIER 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, Professional 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, SUPPLIER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the SUPPLIER or SUPPLIER's officers, employs, agents, representatives or sub-SUPPLIERs and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. SUPPLIER shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing SUPPLIER'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 SUPPLIER begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, SUPPLIER 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. 6.2 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 SUPPLIER shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, SUPPLIER'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 SUPPLIER's insurance and shall not contribute with SUPPLIER's insurance except as to the extent of City's negligence. b. The SUPPLIER'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. 6.4 All insurance coverages for Suppliers subs shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Supplier and Supplier's agents, representatives, employees or subcontractors. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required. 8. Warranty: In addition to any warranty required in the specifications, all equipment, coatings, valves, controls, and other components provided under this agreement shall be guaranteed for two (2) years against defects in workmanship and materials from the notice of acceptance. 9. 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 of Meridian Procurement Manager 33 E. Broadway Avenue Meridian, Idaho 83642 Ph. (208) 489-0417 Email: kwatts@meridiancity.org Kurita America, Inc. Attn: Alan Schneider 6600 94t" Ave. North Minneapolis, MN 55445 Ph. 866-663-7633 Cell. 612-708-6517 e-mail: a.schneider@kurita-water.com Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. 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. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11 . Assignment: It is expressly agreed and understood by the parties hereto, that SUPPLIER 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. 12. Discrimination Prohibited: In performing the Work required herein, SUPPLIER 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. 13. Reports and Information: 13.1 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. 13.2 SUPPLIER 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. 14. 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 SUPPLIER'S records with respect to all matters covered by this Agreement. SUPPLIER 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. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, SUPPLIER shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. 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 SUPPLIER'S compensation, which are mutually agreed upon by and between the CITY and SUPPLIER, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. 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. 21 . 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. 22. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 23. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN KURITA AMERICA, INC. dba TONKA WATER BY: BY: ltl'a6� 5ac,'� Keith Watts, Procurement Manager Nathan Bach Executive VP of Engineering& Equipment Dated: 12-6-2022 Dated: 11/22/22 11/22/22 Approved by City Council: 12-6-2022 CITY PROJECT MANAGER Tyson Glock Attachment A SCOPE OF WORK REFER TO REQUEST FOR PROPOSALS PW-2250-11650.F ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Request for Proposals Package and written proposal by SUPPLIER dated October 3, 2022 are by this reference made a part hereof. • The project consists of constructing an Iron and Manganese Filter to remove excess levels of the constituents from supply water before entering the distribution system. See Document Titled "4 — Specifications Well 31 Procurement" on Bonfire portal. • ** The following change was agreed to during negotiations: From: Alan SCHNEIDER <a.schneider@kurita-water.com> Sent: Thursday, July 28, 2022 2:41 PM To: Kyle Radek <kradek @ meridiancity.org> Cc: Keith Watts <kwatts@meridiancity.org>; Tyson Glock <tglock@meridiancity.org> Subject: Re: [EXT]Question on current RFP for Well 31 Treatment Equipment External Sender- Please use caution with links or attachments. Hi Kyle Apologies that we hadn't seen this question. We will provide this tank with 150 test pressure and 116 PSI ASME code working pressure at no additional cost. Please let me know of any additional questions. Thanks! Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $532,200.00. MILESTONE DATES/PRICING SCHEDULE DATE DESCRIPTION (Dependenton AMOUNT Council Approval 480 days from 1 . Substantial Completion — Equipment Delivered to Site contract $478,980.00 execution Final Completion — Equipment Installed, Inspected, 510 days from 2. Startup contract $53,220.00 execution CONTRACT TOTAL....................... $532,200.00 1--w PW-2250-11650.F-Well 31 Water Treatment Facility-Filter Equipment Scoring Summary Active Submissions Projected Typical Nature,Quality& Proposer's Competence in Capability a Flo,Rate&Total Sae of Filter Units&Equipment Electrical Equipment Lapproach to and Relevance of Total Proposal Price E. en Proposed Quantity Required Access ry ev I of Customer Par " Performance Requirements Operating& Recently Completed SImem-1 Equipment for Filter Back—In Equipment Maintenance Costs Support Work Kurila America 87.99 7.843($532,200.00) Pass 9.1 8.8 9.1 8.9 8 8.4 13.75 14.1 Surplus Management, Inc.(dba 68.8 10($417,431.00) Pass 7.4 6.7 7 7 7 3.8 7.4 12.5 WaterSurplus) Generated on Nov 01,2022 2:51 PM MDT-Kam Wafts Page 1 011 CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 11/29/2022 REQUESTING DEPARTMENT Public Works Project Name: Well 31 Water Treatement Facility Filter Equipment Project Manager: Tyson Glock Contract Amount: $532,200 Contractor/Consultant/Design Engineer: Tonka Water/JUB Is this a change order? Yes ❑ No ❑ Change Order No. II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 60 Budget Available(Purchasing attach report): Department 3490 Yes ❑� No ❑ Construction ❑ GL Account 96175 FY Budget: 2022 Task Order ❑ Project Number: 10650.1' Enhancement: Yes ❑ No ❑ Professional Service ❑ Equipment 0 Will the project cross fiscal years? Yes❑ No ❑ Grant ❑ IV. PROCUREMENT USE ONLY-GRANT INFORMATION(to be completed only on Grant funded projects) Grant#: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status(Federal Funded) N/A N/A N/A N/A Print and Attach the determination Print,attach and amend bid by addendum(if changed) www.sam.gov Print and attach V. BASIS OF AWARD BID RFP/RFQ TASK ORDER Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category (Bid Results Attached) Yes ❑ No (Ratings Attached) Yes ❑.r No Date MSA Roster Approved: Typical Award Yes 0 No ❑ If no please state circumstances and conclusion: Date Award Posted: 10/31/2022 7 day protest period ends: November 7,2022 VI. PROCUREMENT USE ONLY-CONTRACTOR/CONSULTANT REQUIRED INFORMATION PW License N/A Expiration Date: N/A Corporation Status Active Good-Standing Insurance Certificates Received(Date): 11/22/2022 Expiration Date: 9/1/2023 Rating: A+ Payment and Performance Bonds Received(Date): 11/22/2022 Rating: A+ 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 29,2022 Approval Date December 6,2022 By: Council Purchase Order No.: Date Issued: WH5 submitted N/A (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Parks and Recreation Department: Public Art Project Updates Mayor Robert E. Simison E IDIAN� Treg Be City Council Members: rnt Brad Hoaglun Joe Borton Jessica Perreault A H O Luke Cavener Liz Strader December 6, 2022 MEMORANDUM TO: Mayor Robert Simison and City Council FROM: Cassandra Schiffler, Arts and Culture Coordinator, MPR Dept. RE: Two Public Art Projects: Mural at the Meridian Pool and a Mosaic Sculpture at the Five Mile Creek Pathway Trailhub Background Two public art projects are planned for installation in 2023 using budgeted public art funds from MAPS and a carryforward from the"Art in Public Places Mural Series"fund. One public art project is set of mosaic gateway pillar sculptures at the Five Mile Creek Pathway Trailhub, and the other project is a youth aquatics education themed mural at the Pool. Mural Design Background This mural is the third and final mural project in the Meridian Mural Series. The artist team, Sector Seventeen,was selected by the Public Art Committee through an application process. The location of the Meridian Pool, currently owned by the West Ada Recreation District(WARD)was chosen by the Arts Commission for its high visibility and level community impact in the City of Meridian. A design review panel of stakeholders from the Public Art Committee,WARD, City and Pool staff met to consider the desired outcomes and to review the artist's initial and provisionally final designs to agree on this proposed final design. The final design was recommended by the Meridian Arts Commission on November 10, 2022. Mosaic Sculptures RFQ+ RFP Background This project was selected through a national Call to Artists,and received dozens of applications. A selection panel thoroughly reviewed applications and selected four artists to submit proposals. The four artists presented their projects to a selection panel of stakeholders including the Public Art Committee,the Parks and Recreation Commission, and City Staff. Eileen Gay's Water Metrics was the clear front-runner for the project, and the selections panel's recommendation was reviewed and recommended by the Meridian Arts Commission on November 10,2022. Recommendation To approve Sector Seventeen's Task Order for installation of the designed mural at the Meridian Pool, and Eileen Gaye's Professional Service Agreement for fabrication and installation of her project,"Water Metrics"at the Five Mile Creek Pathway Trailhub. E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Task Order with Sector Seventeen for $8,500 in Fiscal Year 2023 for Installation of Mural at Meridian Pool APPROVED TASK ORDER FOR MURAL INSTALLATION This TASK ORDER FOR MURAL INSTALLATION ("Task Order") is made this 6th day of December , 2022 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), Solomon Hawk Sahlein, on behalf of Sector Seventeen LLC, a limited liability company organized under the laws of the state of Idaho ("Artist"). WHEREAS,Artist and City have entered into a Master Agreement for Professional Services: Mural Design, Installation, and Maintenance("Master Agreement"), which establishes terms and conditions under which City may invite Artist to provide services including consultations, design, installation, maintenance, and repair of murals,pursuant to separate project task order(s) setting forth specific conditions, compensation amount, and scope of work; and WHEREAS, City and West Ada Recreation District ("Owner")have entered into a Memorandum of Agreement for Design and Installation of Mural, by which Agreement Owner has agreed to allow City to install a public art mural at 213 E. Franklin Road, in Meridian, Idaho, Ada County parcel no. S 1118223084 ("Property"); specifically, on the northeast-facing exterior wall of the building located at Property; WHEREAS,Artist has created a mural design that will establish a sense of place and local identity in Meridian, and will beautify public space, and Owner wishes to invite Artist to install the mural, as designed, on the northeast-facing exterior wall of the building located at Property, pursuant to the Memorandum of Agreement for Design and Installation of Mural entered into by Owner and City; WHEREAS, a design review panel consisting of representatives from the Meridian Arts Commission, Owner's governing board, and City staff met to review Artist's initial and provisional designs and recommend the final design; WHEREAS, Owner has approved Artist's mural design and would like to move forward with installation; WHEREAS, on November 10, 2022, the Meridian Arts Commission reviewed Artist's mural design, recommended to the Meridian City Council that Artist's proposal be commissioned for full design and installation, and by approval of this agreement, Meridian City Council accepts such recommendation; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall install, on the south-facing exterior wall of the building located at Property, a large-scale, painted mural installation as depicted in Exhibit A hereto ("Mural"). Artwork installation shall comply in all respects with this agreement, with any and all applicable established industry standards, engineering standards, and with all established policies and ordinances of the City of Meridian. PROFESSIONAL SERVICES TASK ORDER-MURAL INSTALLATION PAGE I II. COMPENSATION. A. Total amount. The total payment to Artist for services rendered under this Agreement shall be eight thousand, five hundred dollars ($8,500.00). This amount shall constitute full compensation for any and all services, travel, transportation, materials, fabrication, shipping, equipment, contingency, commission, artist fee, and costs of work to be performed or furnished by Artist under this Task Order. B. Method of payment. Artist shall provide to City invoices for services and deliverables provided pursuant to the payment schedule set forth herein, which City shall pay within thirty(30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Artist under the terms and conditions of this Task Order. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Artist. C. Payment schedule. Artist shall be paid pursuant to the following benchmarks: 1. City Approval of Detailed Timeline: $2,500.00 shall be due to Artist within thirty(30) days of the Arts and Culture Coordinator's approval of Artist's detailed timeline for installation of the Mural, describing the estimated date of completion of each phase of the installation process. 2. Installation of Artwork: $5,000.00 shall be due to Artist within thirty(30) days of upon Installation of Artwork, which shall be defined as: a. Complete installation of the completed Mural, as confirmed by City and Owner; and b. Final inspection and written approval of the installation of the Mural by City and Owner. 1. Final Completion: $1,000.00 shall be due to Artist within thirty(30) days of upon Final Completion, which shall be defined as: a. Artist's submission to City of a recommended maintenance plan for the Mural; and b. Execution of a mutually agreed-upon acceptance agreement, to be prepared by the City Attorney's Office, to include affirmation of Artist's indemnification of City and express waiver of Artist's right, title, or interest in the Mural. III.TIME OF PERFORMANCE. A. Timeline. In the provision of services and deliverables under this Task Order, Artist shall meet the following deadlines: 1. By 5:00 p.m. by January 6, 2023: Artist shall deliver to City a detailed timeline for installation of the Mural. 2. By 5:00 p.m. by May 5, 2023: Artist shall deliver to City a completely installed Mural, as defined herein and as approved in writing by City and Owner; 3. By 5:00 p.m. by May 26, 2023: Artist shall deliver to City: a. Written recommended maintenance plan for the Mural; and b. Signed acceptance agreement. PROFESSIONAL SERVICES TASK ORDER-MURAL INSTALLATION PAGE 2 B. Time of the essence. The Parties acknowledge that services provided under this Task Order shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Task Order, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Task Order by the party so failing to perform. IV.GENERAL PROVISIONS. A. Master Agreement applies. All provisions of the Master Agreement apply and are incorporated by reference and made a part of hereof as if set forth in their entirety herein. B. Owner's and City's designated representatives. Stakeholders have vested in the following representatives the authority to provide to Artist input and approval under this Agreement. Any Stakeholder may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to Artist and to City. 1. Owner: Shaun Wardle, Chair West Ada Recreation District shaunwardle@yahoo.com 2. City: Cassandra Schiffer,Arts and Culture Coordinator City of Meridian cschiffer@meridiancity.org 208-489-0399 C. City Council approval required. The validity of this Task Order shall be expressly conditioned upon City Council action approving same. Execution of this Task Order by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Task Order on the Effective Date first written above. ARTIST: -94d 0 -\, - Solomon Hawk Sahlein, on behalf of Sector Seventeen LLC CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor 12-6-2022 Chris Johnson, City Clerk 12-6-2022 PROFESSIONAL SERVICES TASK ORDER-MURAL INSTALLATION PAGE 3 EXHIBIT A MURAL DESIGN CONCEPT • • iElei �I�I OE ugiiv�i�� • PROFESSIONAL SERVICES TASK ORDER-MURAL INSTALLATION PAGE 5 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Professional Service Agreement with Eileen Gay for Installation of Mosaic Sculptures at Five Mile Creek Pathway Trailhub APPROVED ] PROFESSIONAL SERVICES AGREEMENT FOR FABRICATION AND INSTALLATION OF FIVE MILE CREEK PATHWAY TRAILHUB ARTWORK This PROFESSIONAL SERVICES AGREEMENT FOR FABRICATION AND INSTALLATION OF FIVE MILE CREEK PATHWAY TRAILHUB ARTWORK ("Agreement") is made this 6th day of December, 2022 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Eileen Gay, an individual whose address is 2051 Canal Road, Sparks, Nevada 89434-6608 ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, City desires that public art will be a component of the Five Mile Creek pathway, and to that end, issued a Call for Artists and Request for Qualifications ("RFQ"), attached hereto as Exhibit A, to commission artwork to be installed at the Five Mile Creek Pathway Trailhub; WHEREAS,Artist was chosen as a finalist and pursuant to the Professional Services Agreement for the Five Mile Creek Pathway Trailhub Public Art Project Proposal, proposed the installation of Water Metrics, a concrete sculptural mosaic gateway, as generally depicted in Exhibit B hereto ("Artwork"); WHEREAS, a Selection Panel comprised of project stakeholders representing the Meridian Parks and Recreation Department, the Meridian Parks and Recreation Commission, and the Meridian Arts Commission evaluated Artist's and other finalists' proposals submitted in response to the City's Request for Proposals ("RFP") and selected Artist's proposal for recommended installation; WHEREAS, on November 10, 2022, the Meridian Arts Commission reviewed the Selection Panel's recommendation, and recommends to the Meridian City Council that Artist's proposal be commissioned for full design and installation; NOW, THEREFORE,for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall design and fabricate two (2) mosaic sculptures as described and depicted in Exhibit B, and shall install such Artwork at the Five Mile Creek Pathway Trailhub at 3430 N. Ten Mile Road, in Meridian, Idaho, in the specific location authorized by the Meridian Arts and Culture Coordinator ("Site"). Artwork design and installation shall comply in all respects with established industry and engineering standards, Idaho Standards for Public Works Construction, all established policies and ordinances of the City of Meridian, and the direction of the Meridian Arts Commission and the Arts and Culture Coordinator. Artist shall engage an independent testing agency to test and inspect construction materials and methods. PROFESSIONAL SERVICES AGREEMENT FOR FABRICATION AND INSTALLATION OF FIVE MILE CREEK PATHWAY TRAILHUB PUBLIC ARTWORK PAGE 1 II. COMPENSATION. A. Total amount. The total payment to Artist for the design, fabrication, and installation of the Artwork shall be fifty thousand dollars ($50,000.00). This amount shall constitute full compensation for any and all design, fabrication, installation, site restoration, and other services; travel; materials; shipping; contingency; commission; artist fee; and other costs of work to be performed or furnished by Artist. B. Method of payment. Artist shall provide to City one (1) completed W-9 form, and invoices for services and/or materials provided pursuant to the payment schedule set forth herein, which City shall pay within thirty (30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Artist under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Artist. C. Payment schedule. Artist shall be paid pursuant to the following benchmarks: 1. City Approval of Detailed Plan: $5,000.00 shall be paid to Artist within thirty (30) days of the Arts and Culture Coordinator's approval of Artist's detailed plan for design, fabrication, and installation of the Artwork at the Site, and Site restoration ("Detailed Plan"). The Detailed Plan shall include: a. Detailed project timeline; b. Detailed site plan for the location and positioning of each installation component of the Artwork at Site; c. Plan for engaging a contractor for installation of footings and foundations; d. Plan for transportation of artwork to Site for installation; e. Plan for any site restoration regarding landscaping and utilities, if necessary; f. A plan for engaging an engineer certified in the state of Idaho to prepare stamped drawings and structural calculations; and g. Plan for engaging an independent testing agency to test and inspect construction materials and methods, if necessary. 2. Engineering Approval: $10,000 shall be paid to the Artist within thirty(30) days of Artists' submission to the Arts and Culture Coordinator all of the following: a. Final construction drawings and structural calculations for Artwork, prepared and stamped by an engineer certified in the state of Idaho; b. Documentation of all materials purchased to date; and c. Proof of application for a building permit from the City of Meridian Community Development Department/Building Division, and for any permits required by from the City of Meridian Community Development Department/Planning Division. 3. Fabrication of Artwork,Phase I: $10,000 shall be paid to the Artist within thirty (30) days of an online video conference between Artist and the Arts and Culture Coordinator, with live video, or photos taken within the previous twenty-four(24) hours, demonstrating at least fifty percent (50%) completion of fabrication of Artwork, and confirmation by the Arts and Culture Coordinator that the work meets PROFESSIONAL SERVICES AGREEMENT FOR FABRICATION AND INSTALLATION OF FIVE MILE CREEK PATHWAY TRAILHUB PUBLIC ARTWORK PAGE 2 the standards set forth in this Agreement and Artist's representations as set forth in the proposal set forth in Exhibit B. 4. Fabrication of Artwork, Phase II: $10,000 shall be paid to the Artist within thirty (30) days of Artists' completion of fabrication of the Artwork, as demonstrated to the Arts and Culture Coordinator and confirmation by the Arts and Culture Coordinator that the work meets the standards set forth in this Agreement and Artist's representations as set forth in the proposal set forth in Exhibit B. 5. Installation of Artwork: $10,000.00 shall be paid to the Artist within thirty (30) days of Installation of Artwork, which shall be defined as: a. Complete installation of the completed Artwork at the Site, in coordination with and as confirmed by the Arts and Culture Coordinator; b. Artist's submission to the Arts and Culture Coordinator of a report from an independent testing agency approving construction materials and methods; c. Final inspection and approval of the installation of Artwork at the Site by the Arts and Culture Coordinator and City Building Official; and d. Full restoration of the Site, including restoration of landscaping and any aboveground or underground facilities, to pre-installation conditions. 6. Final Completion: $5,000.00 shall be paid to the Artist within thirty(30) days of Final Completion, which shall be defined as: a. Artist's submission to the Arts and Culture Coordinator of a recommended maintenance plan for the Artwork; b. Execution of a mutually agreed-upon acceptance agreement to include Artist's indemnification of City; express waiver of Artist's right, title, or interest in the Artwork; and waivers of lien from any and all sub-contractors and major materials suppliers; which agreement shall be prepared by the City Attorney's Office and approved by Meridian City Council; and c. City Council's adoption of a resolution indicating that the City accepts the delivery of the Artwork as designed, fabricated, and installed. III.TIME OF PERFORMANCE. A. Timeline. In addition to the benchmarks set forth in the timeline prepared by Artist as part of the Detailed Plan, the Parties shall meet the following deadlines: 1. By 5:00 p.m.,December 15, 2022: Artist shall submit to the Arts and Culture Coordinator the Detailed Plan. The Arts and Culture Coordinator shall review, request modifications as necessary, and approve the Detailed Plan, either as submitted or as modified pursuant to mutual agreement, within fourteen (14) days of receipt thereof. 2. By 5:00 p.m.,February 17, 2023: Artist shall submit to the Arts and Culture Coordinator the final construction drawings and structural calculations for Artwork and proof of application for any and all applicable building and planning permits. By PROFESSIONAL SERVICES AGREEMENT FOR FABRICATION AND INSTALLATION OF FIVE MILE CREEK PATHWAY TRAILHUB PUBLIC ARTWORK PAGE 3 this date, Artist shall also coordinate with the Arts and Culture Coordinator to determine placement of the Artwork at the Site. 3. By 5:00 p.m.,April 28, 2023: Artist shall demonstrate to the Arts and Culture Coordinator at least fifty percent (50%) completion of fabrication of the Artwork. The Arts and Culture Coordinator shall review the work, request modifications as necessary, and confirm that the work meets the standards set forth in this Agreement and with Artist's representations as set forth in the proposal set forth in Exhibit B, within fourteen (14) days of the online meeting with the Artist. 4. By 5:00 p.m.,June 2,2023: Artist shall complete fabrication of the Artwork and obtain written approval of same by the Arts and Culture Coordinator. The Arts and Culture Coordinator shall approve, or approve as modified, the Artwork within seven (7) days of Artist's notice of such completion. Prior to issuing approval, the Arts and Culture Coordinator shall determine that the Artwork is in keeping with the standards set forth in this Agreement and with Artist's representations as set forth in the proposal set forth in Exhibit B, with the limited exception of non-material design refinements and/or improvements. 5. By 5:00 p.m.,June 30,2023: Artist shall be responsible for installation of Artwork at the Site. The Arts and Culture Coordinator may extend the date of installation of Artwork for a reasonable amount of time only if such delay is due to circumstances and events beyond the control of Artist or pursuant to a written agreement by the Parties. 6. By 11:59 p.m.,August 4,2023: Provided that Artist has completed Final Completion, as provided herein, the Parties shall execute Final Acceptance of the Artwork. B. Time of the essence. The Parties acknowledge that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. C. Inspection. Upon the Arts and Culture Coordinator's request, the Artist shall provide the Arts and Culture Coordinator and/or City with reasonable opportunities to review the progress of the Artwork to ensure compliance with the timeline and the proposal as described and depicted in Exhibit B hereto or as otherwise mutually agreed by the Parties in writing. If during such inspection, or in the course of the approval processes required herein, the Arts and Culture Coordinator or City concludes that the Artwork or any portion or component thereof do not conform to the timeline or to the proposal as described and depicted in Exhibit B hereto or as mutually agreed by the Parties in writing, notice of the specific non-conformity and request for Artist to address the specified non- conformity shall be given to Artist in writing as soon as practicable. Artist shall have fourteen (14) days to address and correct any non-conformity. If, upon Arts and Culture Coordinator's re-inspection, the Arts and Culture Coordinator concludes that the Artwork PROFESSIONAL SERVICES AGREEMENT FOR FABRICATION AND INSTALLATION OF FIVE MILE CREEK PATHWAY TRAILHUB PUBLIC ARTWORK PAGE 4 or the nonconforming portion or component thereof remain nonconforming, termination procedures may commence. City's failure to disapprove in writing shall constitute presumptive approval of the Artwork as inspected. IV.MAINTENANCE AND REPAIR. A. Two years following Final Acceptance. Artist shall be fully responsible for all parts and workmanship of the Artwork for a period of two (2) years after City's Final Acceptance of the Artwork, and during such time shall replace any defective parts and/or rework any defective craftsmanship in a timely fashion at no cost to City, except that during such period Artist shall not be required to replace or repair any damage to the Artwork caused by City's employees, by vandalism, or by an act of God. B. Determination of need for repair. At all times, including in the first two years following Final Acceptance, City shall make any and all determinations regarding whether the Artwork' parts and/or craftsmanship require maintenance, restoration, or repair. Artist may be asked to provide input regarding such matters, but all decisions regarding the need for maintenance, restoration, or repair shall be made by City. C. Maintenance, restoration, and repair. City shall provide basic maintenance, restoration, and repair of the Artwork at City's cost. In the event that the Artwork is damaged or destroyed, in whole or in part, City may, at its sole election, restore the Artwork, subject to receipt of any insurance proceeds and availability of sufficient funds. V. CREATION,INTEGRITY,AND OWNERSHIP OF ARTWORK. A. Waiver and relinquishment of rights. Between Artist's Final Completion and City's Final Acceptance, Artist shall expressly waive any and all right, title, or interest in the Artwork. Artist understands that this waiver shall include waivers of the rights of reproduction, adaptation, publication, and display, except as otherwise permitted by this Agreement. Artist agrees to relinquish any and all rights, title, and interest to the Artwork developed in connection with this Agreement, and hereby expressly waives any rights Artist has to the Artwork, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. B. Limited edition. Artwork shall be one of a limited edition of one (1). Artist warrants and represents that the Artwork designed, fabricated, and installed pursuant to this Agreement has never heretofore been designed, fabricated, installed, created, published, or copied and that Artist is the sole creator and owner of all rights in the Artwork and the design thereof. PROFESSIONAL SERVICES AGREEMENT FOR FABRICATION AND INSTALLATION OF FIVE MILE CREEK PATHWAY TRAILHUB PUBLIC ARTWORK PAGE 5 C. Ownership. Upon City's Final Acceptance, the Artwork shall be owned by City. Following Final Acceptance, City may remove the Artwork from the Site and/or move the Artwork to another location, at City's sole election and discretion. D. No copyright. Artist shall not make any claim to the copyright of the Artwork. E. Photographs of Artwork by City. City may photographically reproduce the image of the Artwork and all preliminary studies, models and maquettes thereof, as City may desire for educational and public information purposes. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photographic reproduction to be the creator of the original subject thereof, provided that photographic reproductions of preliminary studies, models and maquettes shall not be identified as or represented to be the finished Artwork. F. Photographs of Artwork by Artist. Artist may photographically reproduce the image of the Artwork and all preliminary studies, models and maquettes thereof, as Artist may desire for marketing, educational and public information purposes. Where practicable, Artist shall acknowledge on each such photographic reproduction the location of such Artwork,provided that reproductions of preliminary studies, models and maquettes shall not be identified as or represented to be the finished Artwork. G. Models of Artwork. City shall at no time create any model, maquette, replica, copy, or any other three-dimensional reproduction of Artwork or any component thereof for any purpose without first entering into a mutually agreed-upon written agreement with Artist governing the creation, use, and/or sale of such model, maquette, replica, copy, or reproduction. Upon Final Completion, Artist shall not create any new model, maquette, replica, copy, or any other three-dimensional reproduction of Artwork or any component thereof for any purpose without first entering into a mutually agreed-upon written agreement with City governing the creation, use, and/or sale of such model, maquette, replica, copy, or reproduction. This provision shall not prevent Artist's creation of any model or mock-up for purposes of designing and/or engineering Artwork prior to Final Completion. H. Alteration of Artwork. If any alteration occurs to the Artwork after installation, whether intentional or accidental and whether caused by City or others, upon written request of Artist, such Artwork shall no longer be represented to be the work of Artist, unless otherwise allowed by Artist in writing. Other than as specified herein, Artist specifically waives the right to claim any other remedy concerning the alteration of the Artwork as provided for under Idaho or federal law, whether by statute or otherwise. I. Removal from display. City shall have the right to remove the Artwork from Site and/or from public display. In the event that City determines that the Artwork or any component thereof shall be sold, Artist shall be provided the first right of refusal to purchase the Artwork or such component from City. Should Artist choose to purchase the Artwork pursuant to this provision, the price of the Artwork shall be the fair market value thereof. This provision shall expire upon the death of Artist and shall not be extended to Artist's estate unless City so elects. PROFESSIONAL SERVICES AGREEMENT FOR FABRICATION AND INSTALLATION OF FIVE MILE CREEK PATHWAY TRAILHUB PUBLIC ARTWORK PAGE 6 J. Subcontracting or assignment of obligations. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise, including, but not limited to, such obligations as transport and installation of the Artwork, and other obligations as outlined in Artist's proposal as set forth in Exhibit B. Any and all subcontractors or assignees shall be bound by all the terms and conditions of this Agreement. VI. INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Artist shall indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or business invitees, occurring before City's Final Acceptance of the Artwork. B. Waiver. Artist waives any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. C. Insurance to be obtained by Artist. Artist shall obtain and shall maintain, at Artist's own expense, from the Effective Date of this Agreement through City's Final Acceptance of the Artwork, each and all of the following: 1. General liability insurance. General liability insurance with a limit of not less than one million dollars ($1,000,000.00) per each occurrence, combined single limit bodily injury and property damage, covering the actions and omissions of Artist and her employees, agents, and/or workers in fabricating, transporting, and installing the Artwork and/or components or materials thereof, including coverage for owned, non- owned, and hired vehicles, as applicable. 2. Workers' compensation insurance. Artist shall obtain and shall maintain, at Artist's own expense, from the Effective Date of this Agreement through City's Final Acceptance of the Artwork, and throughout the course of this Agreement, workers' compensation insurance, in an amount required by Idaho law, whichever is higher, to cover any and all persons employed by Artist. 3. Insurance of Artwork. Upon completion of the sculptures, through City's Final Acceptance of Artwork, Artist shall procure and maintain, at Artist's own expense, in an all-risk form with limits of not less than fifty thousand ($50,000), and any deductible not to exceed five hundred dollars ($500) each loss, with any loss payable PROFESSIONAL SERVICES AGREEMENT FOR FABRICATION AND INSTALLATION OF FIVE MILE CREEK PATHWAY TRAILHUB PUBLIC ARTWORK PAGE 7 to City. Artist agrees to bear all risks of loss of and/or damage to the Artwork until City's Final Acceptance of Artwork. D. Proof of insurance. Artist shall provide to City, within seven (7) days of the Effective Date of this Agreement, written proof that Artist has obtained all insurance required hereunder. If any change is made to any insurance policy or coverage required under and/or obtained pursuant to this Agreement, Artist or Artist's insurance agent shall notify City immediately. E. Insurance to be obtained by Artist's subcontractors. Artist shall require any and all subcontractors employed or utilized in the course and scope of the obligations described in this Agreement to obtain and maintain general liability insurance and workers' compensation insurance in the amounts described herein. Artist shall provide to City, within twenty-four(24) hours of hiring or engaging any subcontractor, written proof that her subcontractors have obtained all insurance required hereunder. F. Insurance to be obtained by City. City shall obtain all necessary property and commercial general liability insurance as may be required in order to protect its insurable interests for its rights and obligations described within this Agreement. Upon City's Final Acceptance of the Artwork, City shall obtain property insurance for the Artwork. G. No cancellation without notice. On all insurance policies required under this agreement, such policies shall provide that they may not be cancelled or reduced in coverage except upon thirty (30) days advance written notice to all Parties. Any cancellation of insurance without appropriate replacement in the amounts and terms set forth herein may constitute grounds for termination of the contract. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have thirty (30) days after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. 1. Default by City. In the event of termination for non-performance or default by City, City shall compensate Artist for work actually completed by Artist prior to the date of written notice of termination and any verified additional services and materials actually performed or supplied prior to the date of written notice of termination, less payments of compensation previously made, not to exceed the total amount of compensation allowed hereunder. PROFESSIONAL SERVICES AGREEMENT FOR FABRICATION AND INSTALLATION OF FIVE MILE CREEK PATHWAY TRAILHUB PUBLIC ARTWORK PAGE 8 2. Default by Artist. In the event of termination for non-performance or default by Artist, except that caused by the death or incapacity of Artist, all finished and unfinished drawings, photographs, plans, timelines, and/or any and all other work products prepared and submitted or prepared for submission under this Agreement shall, at City's option, become City's property. Notwithstanding this provision, Artist shall not be relieved of any liability for damages sustained by City attributable to Artist's default or breach of this Agreement. City may reasonably withhold payments due until such time as the exact amount of damages due to City from Artist is determined. Artist shall not be relieved of liability to City for damages sustained by City by virtue of any breach or default of this Agreement by Artist. This provision shall survive the termination of this Agreement and shall not relieve Artist of liability to City for damages. B. Termination without cause. City may terminate this Agreement for any reason at any time by providing fourteen (14) days' notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. In the event of termination caused by the death or incapacity of Artist, all finished and unfinished drawings, photographs, plans, timelines, and/or any and all other work products prepared and submitted or prepared for submission under this Agreement shall, at City's option, become its property, and the right to fabricate and/or complete fabrication of the Artwork shall pass to City. Notwithstanding this provision, neither Artist nor Artist's estate shall be relieved of any liability for damages sustained by City attributable to Artist's default. City may reasonably withhold payments due to Artist or to Artist's estate until such time as the exact amount of damages due to City from Artist or Artist's estate is determined. Artist shall not be relieved of liability to City for damages sustained by City by virtue of any breach or default of this Agreement by Artist. This provision shall survive the termination of this Agreement and shall not relieve Artist or Artist's estate of liability to City for damages. D. Non-waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent contractor and neither Artist nor any officer, employee, subcontractor, assignee, or agent of Artist shall be deemed an employee, agent,joint venturer, or partner of City in any manner or for any purpose. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. Specifically, without limitation, Artist understands, acknowledges, and agrees: PROFESSIONAL SERVICES AGREEMENT FOR FABRICATION AND INSTALLATION OF FIVE MILE CREEK PATHWAY TRAILHUB PUBLIC ARTWORK PAGE 9 1. Artist is free from actual and potential control by City in the provision of services under this Agreement. 2. Artist is engaged in an independently established trade, occupation, profession, or business. 3. Artist has the authority to hire subordinates. 4. Artist owns and/or will provide all major items of equipment necessary to perform services under this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. Throughout the course of this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. F. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. G. Cumulative Rights and Remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. H. Interpretation.Words of gender used in this Agreement shall be held and construed to include any other gender, and words in the singular shall be held to include the plural and vice versa unless the context otherwise requires. The Agreement and the captions of the various sections of this Agreement are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, context or intent of this Agreement or any part or parts of this Agreement. 1. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. PROFESSIONAL SERVICES AGREEMENT FOR FABRICATION AND INSTALLATION OF FIVE MILE CREEK PATHWAY TRAILHUB PUBLIC ARTWORK PAGE 10 J. Successors and Assigns. All of the terms, provisions. covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors. assigns, legal representatives,heirs, executors,and administrators. K. Notice. Day-to-day communications between Artist and the Arts and Culture Coordinator may occur by telephone. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail or upon sending via a-mail. addressed as follows: Artist: Arts and Culture Coordinator: Eileen Gay Cassandra Schiffler 2051 Canal Road Parks and Recreation Department Sparks Nevada 89434-6608 33 E. Broadway Ave. Ste 206 (775) 699-6278 Meridian ID 93642 mosaicsbyeilecnCPaol.com (208)489-0399 cschifller@ lneridiancity.org Either party may change her/its address for the purlxose of this provision by giving written notice of such change in the manner herein provided. L. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set firth in their entirety herein- M. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to Such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. ARTIST: pail Gay CITY OF MERI AN: BY: _ Attest: Robert E. Simison. Mayor 12-6-2022 Chris Johnson,City Clerk 12-6-2022 PRORSSIONAL SfRvicF.s A(;REEmF.NT FOR FABRICATION AND INSTALLATION OF FIVE MILECREF.K PATHWAY TRAILHUB PIIBI.IC ARTWORK PAGE. 1 I EXHIBIT Meridia n Comm i ss ion Call for Artists - RFQ + RFP Five Mile Creek Pathway Trailhub Public Art Project TOTAL PROJECT BUDGET: Up to $50,000 has been approved for the Five Mile Creek Pathway Trailhub public art project. REQUEST FOR QUALIFICATION APPLICATION DEADLINE: June 3, 2022 CONTACT: Questions, via e-mail: Cassandra Schiffler, Arts and Culture Coordinator mac@ meridiancity.ora Mail or deliver applications to: Meridian Arts Commission Attn: Cassandra Schiffler, Arts and Culture Coordinator 33 E. Broadway Avenue Meridian, Idaho 83462 PROJECT DESCRIPTION: The Meridian Arts Commission (MAC) and Meridian Parks and Recreation request artists or artist teams to submit qualifications for the design, fabrication, and installation of a public artwork at the Five Mile Creek Pathway Trailhub at 3430 N. Ten Mile Road. Up to four qualified finalists will be selected to develop and submit public art proposals and will receive $1,000 for their initial design proposals. The artist or artist team with the final selected proposal will be awarded a contract (or contracts) of up to $50,000. The artist or artist team will be responsible for artist fees, insurance, engineering, fabrication, and installation, and any site preparation and restoration, permitting, travel, meeting with City of Meridian staff as necessary, contingencies, and all related incidental expenses. Possibilities for Public Art include, but are not limited to: Free standing sculpture, kinetic sculpture, functional or interactive artwork, archway, or other visual artwork that is highly visible to facility users, passersby, and motorists on the busy Ten Mile Road. Call for Artists - Meridian Five Mile Creek Pathway Trailhub Project Page 1 of 6 ELIGIBILITY: Artists who are 18 years or older are eligible to respond. This project is open to applicants regardless of race, gender, gender identity, sexual orientation, religion, nationality, or disability. Teams of artists, designers, and/or engineers are welcome to apply. Treasure Valley and Northwest area artists are encouraged to apply. Incomplete, ineligible, or late submissions will be deemed ineligible and will not be considered. ANTICIPATED PROJECT SCHEDULE:* April 25, 2022 Call to Artists (RFQ/RFP) issued June 3, 2022 5:00 p.m. Application Deadline for RFQ June 10, 2022 Selection Panel evaluates RFQ responses, selects finalists Late June, 2022 Finalists notified, invited to respond to RFP July 2022 Optional Pre-proposal onsite meeting, not mandatory July 2022 Due date for W-9 and finalists' signed agreements with City to develop finalists' project proposals September 30, 5:00 p.m. Deadline for submission of finalists' project proposals October 2022 Selection Panel, artist presentations, preliminary evaluations, and recommendations November 2022 Selection Panel final evaluations, recommendations on proposals December 2022 Meridian Arts Commission and City Council approvals December 2022 Artists notified of decision January 20 2023 Due Date for selected artist's signed agreement with City January 2023 — June 2023 Fabrication June 2023 Installation *Schedule and timeline are subject to change. PROJECT LOCATION: The Five Mile Creek Pathway Trailhub is new trailhead facility located at 3430 N. Ten Mile Road (north of Ustick Rd, across from the City wastewater treatment plant). The recently completed Trailhub will serve as the first ever gateway to the Five Mile Pathway, one of the City's priority pedestrian routes. The 1.5-acre park/trailhead facility offers vehicle parking, drinking water, seating and gathering space, and both traditional and low-water landscaping. A public restroom and site furnishings, including bike parking and repair facilities, will be added in spring 2022. Possibilities for art placement include the plaza/gathering space between the columnar basalt benches, and in or around the planter area(s) north of the parking lot entry. The attached site plan illustrates possible locations and dimensions. Alternate siting may be proposed as long as the art is located within the Trailhub boundary, is highly visible, and remains clear of existing irrigation easements (noted on the site plan). The Five Mile Pathway is Meridian's longest multi-use bike and pedestrian route, with almost 5 miles of connected pathway. The pathway provides connection, recreation, and transportation for the City. Citizens walk, bike, run, and exercise on the path. For the most part, the pathway runs near the Five Mile Creek. Prior to the 1890s, Five Mile Creek was one of three waterways that fed into the Boise River from the south. As settlers moved in and built irrigation canals to support farms and communities, the Creek could no longer handle the increased surface water, and was engineered to function as a drain for the local irrigation district. Five Mile Creek currently returns water to the Boise River and serves as habitat to birds (including ducks, redwing blackbirds, and others) and the occasional Call for Artists - Meridian Five Mile Creek Pathway Trailhub Project Page 2 of 6 small mammal (muskrats, for instance). Near the Trailhub is Reta Huskey Park, a City park in a suburban neighborhood. DESIRED OUTCOMES The public art project should create and/or enhance the overall Five Mile Creek Pathway Trailhub identity. The objective of the project is to create a theming element, or elements, that give the Trailhub a true identity and sense of place and address the characteristics of the site as a Trailhub and gateway to the Five Mile Pathway, running along Five Mile Creek. The desired public artwork should function as a visible and memorable landmark for the site. Key themes and visual elements for the artwork may include, but are not limited to: • Waterway or creek imagery, especially historic, functional, and recreational uses • Bike parts or trailhub parts such as cogs, wheels, or cycles • Pedestrian movement themes that evoke momentum, motivation, and activation • Gateway themes: passages, starting points, jumping-off place, beginnings, origins • Other ideas relating to the history and context described in this RFP Artists are encouraged to submit functional or interactive pieces. Artists are encouraged to submit works that are highly visible to users, passersby, and motorists on the busy Ten Mile Road. The artwork must be safe appropriate for the project site, and its design, regardless of material or medium. The artwork must conform to all applicable City ordinances and policies, including building and sign codes. APPLICATION INSTRUCTIONS: 1. Application for Request for Qualifications (RFQ). To be considered for this project, eligible artists or artist teams must submit the following materials, and materials must be received by the Arts and Culture Coordinator via email at mac@meridiancity.orq as a single merged PDF file, or mailed, or delivered to 33 E. Broadway Avenue, Meridian, Idaho 83462 by 5:00 p.m. on June 3, 2022 at 5:00pm: a. One- to two-page letter of interest including: current contact information, reasons for interest in creating artwork for the Five Mile Creek Pathway Trailhub, and a summary of the artist's or team's experience with similar projects; b. List of 3 references with contact information; c. Biography or resume highlighting past experience, no more than two pages in length; d. Up to 10 digital images (high resolution, no larger than 1 MB each), representative of the artist's past projects and artwork. If submitted by mail or delivered, artworks should be saved on CD or thumb drive. If submitted via email, artworks should be formatted to fill a full page of the single merged PDF; and e. Image list including titles, dimensions, media, dates, and budgets of past projects and artwork. 2. Application for Request for Proposals (RFP) (open to selected finalists only). The selected finalists will be invited to prepare proposals in response to this RFP. A stipend of $1,000 for preparation of the proposal will be available to each finalist upon execution of a written agreement with the City and submission of a completed W-9 form. To respond to the RFP, finalists must submit all of the following materials to MAC by 5:00 p.m. on September 30, 2022: Call for Artists - Meridian Five Mile Creek Pathway Trailhub Project Page 3 of 6 a. One- to two-page narrative describing the artwork and how it meets the project's desired outcomes; b. Budget with line items for things such as: artist fees, materials, insurance, engineering, fabrication, installation, any site preparation and restoration, permitting, travel, contingencies, and all related incidental expenses; c. Any drawings, mock-ups, or photographs of the proposed conceptual designs; d. Details of materials to be used, dimensions, anticipated maintenance, and any other significant information; and e. three-dimensional maquette in a suitable for selection panel viewing. Materials submitted will not be returned; do NOT submit original artwork. The City of Meridian is a public agency; any information submitted is subject to release to the public as required by Idaho Public Records Law. Submitted materials must be physically received by the Arts and Culture Coordinator, at the address above, by 5:00 p.m., on specified deadlines. Responses that are postmarked or en route, but not received, by specified deadlines will be considered late and will not be considered. Artists will receive all notifications by letter sent via email. SELECTION PANEL: The selection panel may include project stakeholders representing the Meridian Parks and Recreation Department, the Meridian Arts Commission, Meridian City Elected Officials and staff, the neighboring residential and business communities, as well as arts professionals. SELECTION PROCESS: RFQ Finalists selected. In June 2022, the Selection Panel will convene and evaluate all responses to the RFQ. Following evaluation, the Selection Panel may select up to four finalists, or may re- open the RFQ. Selection criteria will include: a. Adherence to the RFQ (10 points) b. Artistic quality, craftsmanship, and level of professionalism of artwork represented in images (30 points) c. Appropriateness of experience/expertise with similar public art project sites (30 points) d. Professionalism and artistic experience represented in resume or bio (30 points) If selected as one of the finalists, the artist or team will be asked to submit a proposal. Preliminary evaluation of proposals. In October 2022, the Selection Panel will convene to conduct a preliminary evaluation of the finalists' proposals to the RFP. Finalists will present their proposals to the panel. Following this evaluation, the Selection Panel will make recommendations to select or improve projects, make recommendations for alterations to projects for final evaluation, or may recommend that the RFQ or RFP be reopened. Preliminary evaluation criteria will include: f. Adherence to the RFP (5 points) g. Professionalism of work proposed (10 points) h. Timeline and cost (10 points) i. Appropriateness and safety of proposed artwork for project site (5 points) j. Artwork's ability to address the context of its site location and placement (20 points) k. Artwork's ability to address the context of the Five Mile Creek, Five Mile Pathway, and/or the Trailhub (20 points) 1. Artwork's level of visibility and positive memorable impact (10 points) Call for Artists - Meridian Five Mile Creek Pathway Trailhub Project Page 4 of 6 m. Consistency with Meridian's history, character, community values, City policies, and Meridian's vision of being the West's premier community in which to live, work and raise a family (10 points) n. Presentations (10 points) Final evaluation of proposals; artist or artist team selected. In November 2022, the Selection Panel will convene to make its final evaluation of all responses to the RFP. Following evaluation, the Selection Panel may recommend selection of one proposal, or that the RFQ or RFP be reopened. Evaluation criteria will include the criteria set forth above. The Selection Panel will forward its recommendation to MAC for consideration on December 8, 2022. MAC may accept or modify such recommendation and forward its recommendation to Meridian City Council. Meridian City Council will consider such recommendation in making the final decision. Selected proposal installed. Following selection, the selected Artist will fabricate and install the artwork, in accordance with a written agreement with the City, and with the project's final budget and timeline. A budgeted amount of $50,000 is currently available for the selected artist's commission, which amount includes the cost of artist fees, insurance, engineering, fabrication, and installation, any site preparation and restoration, permitting, travel, meeting with City of Meridian staff as necessary, contingencies, and all related incidental expenses. Call for Artists - Meridian Five Mile Creek Pathway Trailhub Project Page 5 of 6 elf \ 1\ LEJ \ \ W L SHEET L2:1 POWER ` POLE APPROX.6'X6' s I`� AREA ACHDACCESS. \ FUTURE ART MUST REMAIN CLEAR GRAVEL AC CESS .J - ROLLED CURB VNTHIN FIRE TURN AREA - 40 CLEAR SITE TRIANGLE TW - l ! .Q p DRINKING. f �. ... -.� - FOUNTAIN Lt4 D.PED RAMP - PAVERS F ITTUR E.REETROOM� w �w :I. FIRE LANE l 20' 24. 20' j 'CONCRETE PAVEMENT :.':•3.(�- l _-__FEMAFU 0 k. •� (3JLOOP BIKE RACKS - FOR(6)TOTPL BIKES } AND(1)REPAIR STATIVON FEM ads i; TRASH REl CEPTACLE n, 25' IN BUF FERi� Q �• � w �/ ��/ I- \ T i PED RAMP VNTH `� y40 CURB RETURNS (7)BASALT BENCHES, REMOVABLE.. AP PROX 24"X72" BOLLARD - COLUMN,LAID ON SIDE d ®Wp w F_T_UR_-ART_ b 12'NMID EASEMENT _ DRVLAID PAVERS WIT.H I I I CONC MOW STRIP II i" T w —FEMA A XBOU N D E SHEET L2.2 w `\ +f W w W AREA OF FIVE MILE CREEK TRAILHUB SQUARE=20'X20' AT TEN MILE ROAD NORTH NOTE: This plan illustrates possible Art locations,with approximate spatial dimensions. Alternate siting may be proposed as long as the art is located within 0 20' the Trailhub boundary and meets other RFQ requirements for sculptural pieces or functional art. Call for Artists - Meridian Five Mile Creek Pathway Trailhub Project Page 6 of 6 WMILLAN ROA �1 I ` 1 J Legend I I — — Alternative Route Existing Pathway Q Long-Term Route _ of Micro Path Q I w On Street Route I z Z_ Proposed Pathway J J Meridian Parks 2 BELLANO CREEK Z SUBDIVISION - - Schools '♦ LLJ Five Mile Pathway 1 1 WASTEWATER TREATMENT PLANT FIVE nr RETA C R t E K HUSKEY BRIDGETOWER PARK SUBDIVISION I 0 trailhub site ri�ir M I l - ro i� USTICK ROAD CONTEXT MAP Ten Mile Trailhub at Five Mile Creek Five Mile Creek Pathway Trailhub Public Art Project EXHIBIT B Eileen Gay-Designer, Fabricator, Project Manager Mosaic Sculptural Proposal—Water Metrics ZV I A gateway into a space or pathway suggests a feeling of arrival. Not only is the place entered being presented to a visitor,but whatever is framing the entry itself is usually of interest to the curious. "Water Metrics" offers a feeling of entry in sculptural form and mosaic imagery, representing Meridian canals and water scenes. I'm excited about the idea of creating a concrete sculptural mosaic gateway for this trailhub. Each of the two halves of the gateway will be approximately 8' tall and 2' deep making for an approachable, human scale and a feeling of entry. Mosaic on the forms will feature an homage to the local canal system showing glass mosaic waterfalls guided by canal-like walls over two sides. Also featured are circular icons with cattails, flowering potato plants, and local birds—including the Idaho state bird, the Mountain Blue Bird. My vision is that `Water Metrics' will feel like they've always been there, at the trailhead. The materials for the art- steel, concrete, high fire glazed tile and glass, are strong and freeze-thaw resistant making the artwork low maintenance gateway of the trailhub for many years to come. Water Metrics' surfaces feature mosaic art created in rich, long lasting colors using porcelain and glass. Hidden surprises such as embedded word stones and bits of color are often a part of my mosaics offering a sense of discovery for those who are drawn to take a closer look. Bolted to slabs that rise above the surrounding finish grade, the placement enables visitors a good height for viewing and acts as a protective barrier from maintenance work done around the bases. The two pieces can act as an attract to invite visitors into the park for a closer look and as wayfinding devices to meet up with friends and family before enjoying the trail. Materials: The armature for my sculptural mosaic forms is created using expanded polystyrene (EPS)material. The steel infrastructure inside the sculptures will include necessary pick points and attachments,per engineered specs, for installation. The sculptural form is then wrapped in fiberglass mesh and coated with an acrylic cement material called Genesis DM made by Drivit. This application will be done in 2-3 successive coats to achieve a strong outer skin over the armature, the perfect substrate for my mosaic installation. Once the outer shell has cured, I use latex modified thin-set mortar to adhere the mosaic to the forms. My mosaic materials will consist of high fire glazed porcelain tile and glass tesserae rated to weather freeze/thaw conditions which means that my mosaic installations will hold up and retain their rich color for years to come. I use a urethane grout to finish the mosaics. Many successful examples of my work using this technique are included in my portfolio for your viewing. All of the materials used in this type of construction have held up extremely well. Some of my installations have been successfully in place for more than 15 years. Technical data sheets on materials are available upon request. Detailed Budget: WaterMetrics 2 Water Gateways and Falls BudgetItem Artist's Fee 4,500.00 Site visit 500.00 Engineering 2,000.00 Forms,steel 9,200.00 M aterials/S u pp lies 4,700.00 Fabrication 18,000.00 Load,transport,crane 2,100.00 Sitework(footings, install) 7,000.00 Contingency 2,000.00 BudgetITotal Expenses 50,000.00 Site work/installation: For site preparation and the final installation I will work with a local contractor and am open to recommendations for in-kind donations, or direct help from the City of Meridian on the installation of"Water Metrics". Schedule for project: My fabrication schedule aims to have fabrication and installation completed by June 2023 as requested. If there are delays brought about by supply chain or other issues, I will work with the City of Meridian to assure the best schedule possible for all parties. This time estimate is also subject to the City of Meridian's timely issuance of documents, payments, and approvals as needed at various stages of the project. Fabrication time starts at full execution of a contract by all required parties, artist's receipt of Notice to Proceed, and receipt of first payment by the artist. Maintenance plan and recommendations: General maintenance is a wipe down of the surfaces with a mild soap and water to brighten and refresh the color. Hand wash the surfaces only. PRESSURE WASHING OR OTHER MECHANICAL WASHING IS NOT RECOMMENDED. EILEEN GAY Mosaic Artist—Sculptor MosaicsByEileenC&aol.com 775.688.6278 www.MosaicsByEileen.com 2051 Canal Road Sparks,NV 89434-6608 agery lQ I Al B c. r /ram U linNFF2!;?�u(t�t top v1e`w Top,je* — — 6'MAN for scale Water tower 1 Water tower 2 IAFE1 F1:6I MOSAIC MATBRIALS EXAMPLES�� . •I Ad E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Fiscal Year 2023 Net-Zero Budget Amendment to Accept Donated Revenue of $6,499.00, to Provide Spending Authority of Said Funds for Beep Beep Jeep Neighborhood Grants Project as Part of the Applicants Cost-Sharing Portion per Project Agreement APPROVED 11/29/2022 3:24PM City of Meridian FY2022 Budget Amendment Form Personnel Costs Full Time Equivalent(FTE): Fund# Dept.# G/L# Proj.# G/L#Description Total E QIAN*-- 01 5210 41200 0 Wages I D A H O 01 5210 41206 0 PT/Seasonal Wages 01 5210 41210 0 Overtime Please onlycomplete the fields 03 5210 41304 0 Uniform Allowance highlighted in Orange. 01 5210 42021 0 FICA S - Amendment Details 01 5210 42022 0 PERSI $ - Title: Bear Creek:Beep Beep Jeep Contribution 01 5210 42023 0 Worker's Comp $ - -tment Name: Parks 01 5210 42025 0 Employee Insurance $ - Presenting Department Name: Parks Total Personnel Costs $ - Department#: 5210 Operating Expenditures Primary Funding source: 1 Fund# Dept.# G/L# Proj.# G/L#Description One-Time On-Going Total CIP#: 01 5210 0 $ Project#: 01 5210 0 $ 01 5210 0 $ Is this for an Emergency? J Yes E No 01 5210 0 $ - New Level of Service? J Yes LJ No 01 5210 0 $ 01 5210 0 $ Clerks Office Stamp 01 5210 0 $ 01 5210 0 1 $ 01 5210 0 1 1 1 $ 01 5210 1 0 1 1 $ 01 5210 0 $ 01 5210 0 $ 01 5210 0 $ Date of Council Approval 12-6-2022 Total Operating Expenditures $ - Capital Outlay Fund# Dept.# G/L# Proj.# G/L#Description Total Acknowledgement Date 01 5210 96902 0 Bear Creek $ 6,499 01 5210 o Dave 74&d 11/23/2022 01 5210 0 Department Director 01 5210 o APPROVED 01 5210 0 By Todd Lavoie at8:33am,Nov3a,2a22 Bp 11/29/22 01 5210 0 Chief Financial Officer Total Capital Outlay $ 6,499 Revenue/Donations Approved Brad Hoaglun 11:29 am 11/30/2022 Fund# Dept.# G/L# Proj.# G/L#Description Total Co it / 01 1840 1 33120 1 0 1 Donated Revenue(Anita Burgess) $ 6,499 Cy 01 1840 0 11-30-22 Ol 1840 0 Mayor Total Revenue/Donations $ 6,499 Total Amendment Request $ Total Amendment Cost-Lifetime City of Meridian FY2022 Budget Amendment Form F:\Budget\FY2023Wmendments\FY23 BudgetAmendment_Beep Beep Jeep Donated Rev 11/29/2022 3:24PM City of Meridian FY2022 Budget Amendment Form Prior Year(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Parks Funding 2023 2024 2025 2026 2027 Title: Bear Creek:Beep Beep Jeep Contribution Personnel $ $ $ $ $ torn,c nAstnrsu6mStt ng ttudgu<w.nr:Ada.ru Operating $ - $ - $ - $ - $ - a o partrnerrt nil send Ani—dientwdb Find.-(9ndgetana1yA)for re„rew Capital $ 6,499 >nnanre wrn send Amendment to Coundl Liaison fnrnlgoatore Total $ - $ 6,499 $ - $ - $ - $ - ➢C-0 Llalsnn w111 aend,,gne Amendment to Mayor Total Estimated Project Cost: $ 6,499 y Mayor.,d115eod.��edAmeodmerncor�oaooeleuage.A„alynl Evaluation Questions ➢Finance(ni,dget Analysq will send approved mpy of Amendment fo-partm Please answer all Evaluation Questions using the financial data referenced above. n oepartrn—ai add copy.fAm dnnfmCouncilAgenda using N.Agenda Manager 1. Describe what is being requested? This is a net-zero budget amendment accepting donated revenue from Anita Burgess as the community representative to the Beep Beep Jeep Neighborhood Grants Program project as the applicant's agreed upon cost share portion of the awarded proejct. 2. Why was this budget request not submitted during the current fiscal year budget cycle? Cost increases to the project between budget years,and Council allocation of a not to exceed amount of$36,697 for this specific neighborhood grant project. 3.What is the explanation for not submitting this budget request during the next fiscal vear budget cycle? See#2 above. 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 ofthis request. Donated revenue used to cover funding needs. 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-increase and encourage apprachable government and create community opportunities in project planning. 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-Parks Department is leading project management aspect of project and requires this BA processed to allow materials ordering to stay on project schedule. 7.Does this Amendment include any needed Equipment or Software that will utilize the Cit 's network? Yes or No No. 8.Is the amendment going to result in the disposal of an asset?(Yes or No) No. 9.Anv additional comments? Donated funds Received on 8/11/22 Total Amendment Request $ 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 FY2022 Budget Amendment Form F:\Budget\FY2023Wmendments\FY23 BudgetAmendment_Beep Beep Jeep Donated Rev E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Fiscal Year 2023 Net-Zero Budget Amendment in the amount of $650.00 of Donated Revenue from the Blue Cross Foundation for Completion of the Mayor's Walking Challenge APPROVED 11/16i2022 1:34 PM City of Meridian FY2022 Budget Amendment Form Personnel Costs Full Time Equivalent(FTE): Fund# Dept.# G/L# Proj.# G/L#Description Total E IDIAN*-- 01 1310 41200 0 Wages I D A H O 01 1310 41206 0 PT/Seasonal Wages 01 1310 41210 0 Overtime Please only complete the fields highlighted 01 1310 41304 0 Uniform Allowance in Orange. 01 1310 42021 D FICA $ - Amendment Details 01 1310 42022 0 PERSI $ Title: Sponsorship:Mayor's Walking Club 01 1310 42023 0 Worker's Comp $ rtment Name: Mayor's Office 01 1310 42025 0 Employee Insurance $ - Presenting Department Name: Mayor's Office Total Personnel Costs $ - Department#: 1310 Operating Expenditures Primary Funding Source: 1 Fund# Dept.# G/L# Prol.# G/L#Description One-Time On-Going Total CIP#: 01 1310 52710 0 Community Events Expenses $ 650 $ 650 Project#: 01 1310 0 $ 01 1310 0 $ - Is this for an Emergency? ❑Yes 0 No 01 1310 0 $ - New Level of Service? ❑Yes 0 No 01 1310 0 $ 01 1310 0 $ Clerks Office Stamp Ol 1310 0 $ 01 1310 0 $ 01 1 1310 1 0 1 1 1$ 01 1310 0 $ 01 1310 0 $ 01 1310 0 $ I Z-6-2022 01 1310 0 $ - Date of Councll Approval Total Operating Expenditures $ 650 $ $ 650 Capital Outlay Fund# Dept.# G/L# Prol.# G/L#Description Total Acknowledgement Date 01 1310 0 01 1310 0 'Dave?1&4 1111012022 01 1310 0 Department Director 01 1310 0 REVIEWED 01 1310 0 By Todd LaVOleat7:50am,No,17,2022 BP 11/16/22 01 1310 0 Chief Financial Officer Total Capital Outlay $ - Revenue/Donations Approved Brad Hoaglun 10:23 am 11/17/2022 Fund# Dept.# G/L# Proj.# G/L#Description Total CouncatNson �4- _ Ol 1310 34800 0 Donated Revenue(Blue Cross) $ 650 ( 11-17-22 01 1310 0 01 1310 0 1 Mayor Total Revenue/Donations $ 650 Total Amendment Request $ - Total Amendment Cost-Lifetime City of Meridian FY2022 Budget Amendment Form C:\Users\bpurser\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\5UGCE3FW\FY23 BudgetAmendment_Blue Cross Mayor's Walking Challenge Rev 11/16/2022 1:34PM City of Meridian FY2022 Budget Amendment Form 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: Sponsorship:Mayor's Walking Club Personnel $ - $ $ $ $ - fmrsub-Min Budget. e.d-....: Operating $ 650 $ - $ - $ - $ - ➢Department will s,ndA—dn.eotwuh Df—,sien—ri,to nnance(Budget a Iyn)for review Capital $ - ➢Finance wil send Amendment to Cooncd ualson rot slgoatnre Total $ - $ 650 $ $ $ $ ➢Coundl Llakon well send a -d Amend meat to Mayor Total Estimated Project Cost: $ 650 ➢Mayor wui sand signed Al,annre,,t to Fi1,ance(6u dget Analyst) Evaluation Questions >Fi mace iB a doe.nra rst,-II serd app roved wpy rt—ndme nt to Depa rtme nt Please answer all Evaluation Questions using the financial data referenced above. >Departrrer 11 addVy&A—dmentt.—dAgenda Being Nou ,nda Manager 1. Describe what is being requested? This is a net-zero budget amendment accepting donated revenue from Blue Cross(earned through the October Mayor's Walking Challenge)for Mayor's Walking Club-related expenses in spring 2023. 2. Why was this budget request not submitted during the current fiscal year budget cycle? The Mayor's Walking Club relies entirely on donated revenue that is raised in the given fiscal year.In this case,these funds were donated during the current(FY23)budget year for FY23 program needs. 3. What is the explanation for not submitting this budget request during the next fiscal year budget cycle? See#2 above. 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. Donated revenue used to cover funding needs. 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-youth and community engagement and programs. 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. No. 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) a.Any additional comments? N/A Total Amendment Request $ - Every effort should be made to avoid reopening the budget for an amendment.Departments will need to provide back up 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 FY2022 Budget Amendment Form C:\Users\bpurser\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\5UGCE3FW\FY23 BudgetAmendment_Blue Cross Mayor's Walking Challenge Rev E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Resolution 22-2357: A Resolution Amending the City of Meridian's Citywide Records Retention Schedule; and Providing an Effective Date APPROVED CITY OF MERIDIAN RESOLUTION NO. 22-2357 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERRAULT, STRADER A RESOLUTION AMENDING THE CITY OF MERIDIAN RECORDS RETENTION SCHEDULE;AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Idaho Code section 50-907(5) requires City Council to adopt by resolution a records retention schedule listing the various types of city records and the retention period for each type of record; WHEREAS, pursuant to Idaho Code section 50-908(1)(c), the City Clerk serves as the manager of municipal records, and in the course of such duty is charged with supervising the administration of city records, including overseeing retention and destruction of municipal records; and WHEREAS,pursuant to Idaho Code section 50-908(2)(b), the City Clerk has consulted City staff in the various departments regarding updates to the Citywide Records Retention Schedule necessary for the orderly and efficient management of records, and prepared the updated Citywide Records Retention Schedule attached hereto; NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO: Section 1. That the City Council of the City of Meridian hereby adopts the attached Records Retention Schedule. Section 2.That the City Clerk is hereby authorized to supervise the administration of City records pursuant to the Records Retention Schedule adopted by this Resolution. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho this 6th day of December,2022. APPROVED by the Mayor of the City of Meridian, Idaho,this 6th day of December, 2022. APPROVED: ATTEST: Robert E. Simison,Mayor Chris Johnson, CityClerk RESOLUTION ADOPTING UPDATED RECORDS RETENTION SCHEDULE PAGE I E IDIAN�-- IDAHO RECORDS RETENTION SCHEDULE UPDATED DECEMBER b, ZOZZ RESOLUTION NO. 22-2357 1 1 P a g e TABLE OF CONTENTS Introduction ............................................................................... Page 3 City Attorney's Office ................................................................... Page 6 City Clerk's Office ....................................................................... Page 8 Commissions, Committees, Boards ................................................... Page 12 Community Development ............................................................... Page 14 Finance Department ..................................................................... Page 23 Fire Department .......................................................................... Page 33 Human Resources Department ......................................................... Page 37 Information Technology Department ................................................. Page 46 Mayor's Office ........................................................................... Page 49 Parks and Recreation Department ...................................................... Page 53 Police Department ........................................................................ Page 61 Public Works Department ............................................................... Page 69 2 1 P a g e INTRODUCTION Management of public records is a vital function of every city, and understanding the basic principles of records management is essential for every city official and staff member. Under the Idaho Public Records Act, a public record is any recorded information that relates to the business of city government. Public records can be on any medium—paper documents, books, maps, pictures, audio/visual recordings, microfilm or microfiche, as well as digital or electronic documents, including computer files and email. Idaho Code section 50-907(5) requires every city in Idaho to adopt a records retention schedule, listing the types of records retained by the city and the retention period for each type of record. Records must be retained for the specified retention period, and may be destroyed only pursuant to the direction of the City Clerk. EMPLOYEES'ROLE IN RECORDS RETENTION All City of Meridian employees and elected officials have responsibilities with regard to City records. Employees, elected officials, and appointed officials must protect the records in their custody; cooperate with the City Clerk to efficiently manage records and preserve records of enduring value; and pass on to their successors records necessary for the continuing conduct of City business. Idaho Code section 50-908 outlines the role and responsibilities of the City Clerk as municipal records manager. That law directs the City Clerk to: ensure the orderly and efficient management, retention, and destruction of City records in compliance with state and federal laws and City ordinances, resolutions and policies; identify and care for historical records; and coordinate the transfer of historical and permanent records to the Idaho State Historical Society("ISHS"). All City records are property of the City, and no City official, elected, appointed or staff, may assert any personal or property right to such records. The unauthorized destruction or removal of City records is prohibited. CLASSIFICATION AND RETENTION OF MUNICIPAL RECORDS Idaho Code sections 50-907(1—4) lists four categories for municipal records: permanent, semipermanent, temporary, and historical. The provisions relating to these categories enumerate specific record types that must be designated with the respective category and retention period. The statute allows cities to designate additional records for each classification as deemed appropriate by the City Council. Pursuant to its authority under Idaho Constitution Art. XII, section 2, the City has created a"transitory" category, for records of ephemeral or task-based utility. Idaho Code section 50-907(7) addresses the destruction of records following the expiration of their retention period. Permanent records may not be destroyed, but must be retained by the City in perpetuity. If retained in digital form, prior to its destruction, the paper original must be offered to ISHS for permanent retention, pursuant to the procedures established in 3 1 P a g e Idaho Code sections 50-907(6) and(7). Historical records must be retained in perpetuity, in their original form, or transferred to ISHS. Semipermanent records must be retained for not less than five (5) years after the date of issuance or completion of the matter contained within the record, and temporary records for not less than two (2) years. After the expiration of the designated retention period for semipermanent and temporary records, they may be destroyed only by resolution of the City Council, upon advice of the City Attorney, and in coordination with the City Clerk, according to the procedures established in Idaho Code section 50-907. Transitory records may be destroyed upon expiration of the designated retention period according to the procedure established by the custodial department. DESTRUCTION OF RECORDS The departments, the City Clerk, and the City Attorney's Office work together to accomplish final disposition of records according to the process set forth in Idaho Code section 50-907. The first step in the official record destruction process is that the City Clerk obtains approval for the destruction of the records from the City Attorney's Office. The City Attorney's Office prepares a resolution and submits it to City Council for approval to destroy the records. Depending on the records to be destroyed, the City Clerk may be required to notify the ISHS at least thirty(30) days prior to destruction. When all of the steps are complete, the City Clerk notifies the department that it may destroy the designated records. The department destroys the records within thirty(30) days of notification and returns proof of destruction to the City Clerk. EXCEPTIONS—RECORDS THAT CANNOT BE DESTROYED The process for destruction of all nonpermanent records typically begins once the records have reached their minimum retention period, but there are some important exceptions, where circumstances dictate that records must be kept beyond their designated retention period: ■ Records related to pending criminal or civil cases; ■ Records that are responsive to a pending public records request or subpoena; and ■ Records needed for any pending audit or investigation. DIGITIZING AND DESTROYING PAPER RECORDS A. Permanent Records. Pursuant to Idaho Code section 50-907(6)(e), where a department retains a permanent record in paper form and wishes to retain it in digital form instead, the department must follow this process: 1. The department scans or otherwise digitizes the paper records. The paper record is now a copy. The department must keep the paper copies until Clerk notifies per step 4(b), below (preferably storing the copy in a file folder or box labeled"Copies of permanent records—to be destroyed"). 2. The department makes a list of the paper copies to be destroyed, in the following format: 4 1 P a g e Record title from retention Record description from Year(s)of record whose schedule retention schedule paper copy will be destroyed 3. The department transmits the list to the City Clerk, on an annual basis, upon City Clerk's request. 4. Annually, the City Clerk transmits the compiled list to ISHS. a. If ISHS wants the paper copies: Clerk transmits list to City Attorney's Office, City Attorney's Office prepares City Council resolution, City Council approves transfer of copies to ISHS via resolution, City Clerk collects copies from the department and transmits them to ISHS. b. If ISHS does not want the paper copies: Clerk notifies the department that the paper copies may be destroyed. The department destroys paper copies. c. If 30 days go by with no response: Clerk notifies the department the paper copies may be destroyed. Department destroys paper copies. B. Semipermanent or Temporary Records. Pursuant to Idaho Code section 50- 907(6)(d), where a department retains a semipermanent or temporary record in paper form and wishes to retain it in digital form instead, the department must follow this process: 1. The department scans or otherwise digitizes the paper records. The paper record is now a copy. 2. The department destroys the paper copy. The digital copy is now the record, and must be retained for the retention period specified in the retention schedule. 5 1 P a g e CITY ATTORNEY'S OFFICE RECORD DESCRIPTION CATEGORY RETENTION PERIOD Legal Department Administrative Written messages and reminders, Transitory Until administrative need Records meeting notes, working drafts, legal ends or superseded research source documents and notes, copies of accounts payable invoices and expense reports, presentations, documents recording department activities or plans, department reports to directors, and other material or aids that support an employee's day-to-day job functions. Bankruptcy Records documenting notification Semipermanent 5 years after receipt of Notices and Case to the city that certain individuals IC§50-907(2)(a,g) Trustee Final Report or Files have filed for bankruptcy, and used an Order Dismissing the to determine if the individual owes Case. (See Civil Case money to the city and to file notice Files for litigated claims or claim with the court. and adversary actions) Information may include: debtor's name, utility accounts information, prepared repayment plan and related documentation. Budget Working documents utilized to Transitory Until administrative need Preparation establish yearly budget, including ends or superseded Records enhancements, amendments, carry forward support, FTE anticipation, and quotes for goods or services. Civil Case Files Pending and closed cases filed by Semipermanent 10 years after date of last and against the city, including all IC§50-907(2)(g) action pre-litigation, litigation, appellate documents (complaints, summons, investigations, reports, attorney notes, discovery-related records, pleadings, affidavits, motions, deposition transcripts, disposition, orders and judgments, exhibits, appeals, and related records), and bankruptcy adversary action files. Departmental Reports prepared by the city Semipermanent 5 years Reports attorney for the mayor and city IC§50-907(2)(e) council. Director/Manager Director and manager's records Transitory Until employee HR-related regarding City Attorney's Office separation(then Records employees, including performance transferred to HR) 6 1 P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD evaluations, comment cards, complaints, certificates, etc. Forms, Templates Legal forms and templates. Transitory Until superseded Land Use Appeals Appeals of land use decisions, Semipermanent 10 years after date of last including staff reports, pleadings, IC§50-907(2)(g) action briefs, and related records. Legal Opinions, Formal and informal opinions and Semipermanent 10 years Memoranda memoranda rendered by the city IC§50-907(2)(g) attorney for the mayor, city council, or city departments, examining legal questions relating to state/federal law/rules or local ordinances/policies. Privileged Records held in confidence by the Semipermanent 75 years Administrative City Attorney's Office regarding IC§50-907(2)(g) Records confidential or privileged matters including personnel investigations, settlements related to personnel matters. Settlement Settlement agreements and related Semipermanent 75 years Records documentation from civil cases, IC§50-907(2)(g) claims, mediation, and arbitration. Training Records related to training and Transitory Until administrative need Materials continuing education programs ends or superseded attended by City Attorney's Office staff. Documents may include instructional materials, course descriptions, class enrollment and attendance records, certificates of attendance, etc. Risk Management Claim Files Claims for damages filed by and Semipermanent 10 years,provided there against the city, including claims IC§50-907(2)(a,g) is no litigation. (See caused by city Civil Case Files for employees/equipment, including litigated claims) Property Damage Records, Liability Claims Records, Public Injury Reports, and related correspondence. Insurance Policy Records documenting the terms Semipermanent 5 years Records and conditions of city insurance IC§5 0-90 7(2)(g) policies covering liability, property, motor vehicle, etc. 7 1 P a g e CITY CLERK'S OFFICE RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative Records Activity Daily, weekly monthly or other reports Transitory Until administrative Logs/Reports documenting the activities of the City needs ends Clerk's Office employees, including but not limited to: sign in/out sheet for keys, archival Records and phone Logs, land use, ordinances,permits, minutes, and resolution tracking spreadsheets, and Dashboard statistics. Administrative Copies of. A/P invoices, Expense Transitory Until administrative Records Reports, MIP A/P unposted Reports, need ends or record Detailed Statements of Revenues and is superseded Expenditures. Correspondence Policy/program correspondence, Permanent In perpetuity documenting the formulation, adoption and implementation of significant policy/program decision. Including but not limited to Commission, Committee and City Clerk determination. Records created or received in the course Semipermanent 5 years of administering city policies,procedures or programs,but these records do not provide insight into significant policy, procedure or program discussions or decisions. Correspondence created or received in the Transitory Until administrative course of administering City policies, need ends procedures or programs including but not limited to memos, notes, thank you notes, surveys, letters to businesses and citizens and day-to day office and housekeeping correspondence that does not contain unique information about City functions or programs, for example scrolling agenda and announcements. Customer Complaint or Compliment records Transitory Until administrative Complaints/Kudos including but not limited to letters, phone need ends calls, comment cards and in-person feedback from citizens, customers, developers and contractors. Forms/Templates Forms/Templates created for use by the Transitory Until administrative City Clerk's Office including but not need ends or record limited to visual aids, applications, is superseded checklists, land use transmittals and web documents. 8 1 P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD HR Documents Departmental employee personnel Transitory Until employment is records, including but not limited to terminated, then training records, coaching notes, forward to HR Performance Evaluation, contact information. Record is confidential and will be kept in a locked file with manager until employment has ended; File sent to HR for retention after termination (voluntary or involuntary). Meeting Records Internal meeting records and/or staff level Transitory Until administrative and Notes notes generated in the course of day to need ends or Special day business, including but not limited to superseded Projects/Initiatives agendas, notes and presentations. Department Departmental Policy or program records Transitory 1 year after Guidelines,Policies, documenting the formulation, adoption document is Procedures, and implementation of departmental replaced and/or Processes and policy or program decisions. Including administrative need Reports but not limited to Standard Operating ends Procedures and Guidelines, reference materials or materials obtained from another government entity or agency used in the development of said procedure. Presentations Formal department presentations to Transitory Until administrative Council, Chamber of Commerce or other need ends agencies/entities or people, e.g. New Council member training, Joint Council/Commission workshop training. Telephone Records Message logs, voicemails, Mitel call Transitory Until administrative volume reports etc. need ends Operational Records AudioNideo Audio and video recordings of City Semipermanent 5 years Recordings Council, Commission and Committee Meetings. City Council and Records documenting meetings of the Permanent In perpetuity Planning and City Council and/or Planning and Zoning IC§50- Zoning Meeting Commission and motions, resolutions, 907(1)(a) Agenda, Minutes ordinances, transcripts and other actions and Minute Books taken at meetings. Contracts & Agreements with vendors and other Semipermanent 10 years after Agreements to parties for the acquisition, lease, lease- IC§50- expiration which the City is a purchase or sale of equipment, supplies, 907(2)(b) Party services or property, letters of credit, warranty surety agreements which have been approved at a City Council meeting, approved by the Mayor, or have been recorded with Ada County. 9 1 P a g e RECORD DESCRIPTION CATEGORY RETENTION PERIOD Easement Easement agreements which have been Permanent In perpetuity Agreements to approved at a City Council meeting, which the City is a approved by the Mayor, or have been Party recorded with Ada County. Deeds & Real Records relating to ownership of real Permanent In perpetuity Property Records property, including deeds, title opinions, IC§50- abstracts and certificates of title, title 907(1)(e) insurance, documentation concerning alteration or transfer of title, and records relating to acquisition and disposal of real property such as offer letters, options, agreements of short duration, staff reports, appraisal and inspection reports, letters of transmittal, and related records. Election— Reports showing contributions and Permanent In perpetuity Campaign Finance expenditures in city campaigns by IC§50- Reports mayor/council candidates,political 907(1)(g) committees and independent persons/entities. Includes C-1 (Certification of Treasurer), C-2 (Campaign Financial Disclosure Report), C-4 (Independent Expenditures), C-5 (48 Hour Notice of Contributions/Loans Received), C-6 (Statement by Nonbusiness Entity), and C-7 (48 Hour Notice of Independent Expenditures). Election— Includes declarations of candidacy and Permanent In perpetuity Candidate intent for candidates for city elective IC§50- Declarations & office. Declarations of candidacy are 907(1)(g) Petitions filed by candidates to get their name on the election ballot, and are accompanied by a filing fee of$40 or a petition with the signatures of at least five qualified city electors, including a certification by the county clerk of the number of signatures that are of qualified city electors. Declarations of intent are filed by write-in candidates, and do not require the filing fee or petition. Election— Includes the first and second notice of Permanent In perpetuity General/Regular election and sample ballot which are IC§50- (Election Files) published in the official newspaper, poll 907(1)(g) books showing the name, address and signature of those voting in City elections, and the tally book in which election staff record and total the votes 101Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD cast for each candidate and ballot question at the polling precinct. Oaths of Office Signed oaths of elected officials swearing Permanent In perpetuity to uphold the federal and state constitutions and laws of the city. Passports—General Training records, Department of State Transitory Until administrative Information monthly newsletters, and Passport need ends or record Agent's Reference Guide. is superseded Passports— Daily transmittal spreadsheets that Transitory 2 years Transmittals accompany passport applications mailed to the Department of State Regional office. Permits & Licenses Records relating to city permits and Semipermanent 5 years licenses issued in the City Clerk's Office. IC§50- 907(2)(d) Public Notices Records relating to proof of mailings. Transitory Until administrative need ends Public Records Written public records requests, city Temporary I years after last Requests denials of public records requests, action responses, etc. Records Destruction records including tracking Permanent In perpetuity Management reports, destruction resolution and Records authorization from Idaho State Historical Society and legal counsel. Records of Records of historical significance not Permanent In perpetuity Historical otherwise maintained by the Meridian Significance Historical Preservation Commission. Room Scheduling & Records documenting scheduling and Transitory Until administrative Reservation reservations related to public meeting need ends Records for City rooms in City Hall. Such as reservation Hall request forms, and Outlook calendar scheduling records. Vehicle Titles State of Idaho Certificate of Title for Transitory Until vehicle is no vehicles owned by the City. longer owned by the City 111 Page COMMISSIONS,` COMMITTEES,AND BOARDS RECORD DESCRIPTION CATEGORY RETENTION PERIOD Agendas Agendas of commission, committee, Permanent In perpetuity or board meetings. IC§50- 907(1)(a) Audio Recordings Audio recordings of commission, Semipermanent 5 years committee, or board meetings. IC§§50- 907(2)(g) Bylaws Internal rules governing commission, Permanent In perpetuity committee, or board structure, IC§50- operations, procedures, officers, etc. 907(1)(h) Contact Document listing commission, Transitory Until administrative Information committee, or board members' names, need ends addresses, phone numbers, e-mail addresses, etc. Correspondence Correspondence regarding day-to-day Transitory Until administrative commission, committee, or board need ends operations or administration. Historical Project Records documenting a commission, Historical In perpetuity Records committee, or board project of IC§50-907(4) historical or cultural significance to the City and/or Meridian community. Minutes Summary or verbatim minutes of Permanent In perpetuity commission, committee, or board meetings; documents and other written or visual materials presented at meetings (e.g., handouts,photos, presentations, etc.). Project Files and Documents and materials used by staff Transitory Until administrative Reports or commission, committee, or board need ends members in the course of researching, developing, completing, reporting on, or acting on initiatives of the commission/committee/board. Roster, current List of current commission/committee/ Transitory Until record is board members, including names, seat superseded numbers, and appointment dates. Roster, historical List of all commission, committee, or Permanent In perpetuity board members throughout history of IC§50-907(4) the body; may include names, seat numbers, dates of appointment and departure. *Note: This schedule does not apply to City Council or Planning &Zoning Commission records, which are addressed in Clerk's Office Records Retention Schedule. 121Page COMMUNITY DEVELOPMENT DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative—All Divisions Activity Logs/Reports Daily, weekly, monthly, or other reports Transitory Until documenting the activities of the administrative Community Development (CD) employees, need ends including, but not limited to: sign in/out sheet for credit card, car sign in/out, archival records log, and dashboard. Administrative Records Copies of. A/P invoices, expense reports, Transitory Until A/P unposted Reports, Detailed Statements administrative of Revenues, and Expenditures. need ends or record is superseded Budget Preparation Working documents utilized to build base Transitory 1 year or until Records budgets and establish yearly budgets, administrative including, but not limited to: enhancements, need ends amendments, carry forward support, Full Time Equivalent(FTE) anticipation,vehicle replacement, and quotes for service/maintenance. Committee/Ad-Hoc Agendas and meeting minutes/notes for Temporary 2 years Team Records special groups convened by Community Development for specific purposes such as understanding operational gaps, Code issues, and process delays. Correspondence Policy/program correspondence, Permanent In perpetuity documenting the formulation, adoption, and implementation of significant policy/program decisions. Records created or received in the course of Semi- 5 years administering city policies,procedures, or permanent programs, but these records do not provide insight into significant policy, procedure, or program discussions or decisions, including, but not limited to: citizen response letters, change of address notifications including corner lot change of address, and street name changes. 131Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Correspondence and support material Transitory Until created or received in the course of administrative administering City policies, SOPS, need ends programs, or customer service requests; including other city departments and interagency coordination, including, but not limited to: lists, maps, graphics, figures, and other location specific materials and information, thank you notes, letters to businesses, citizens, and day-to-day office and housekeeping correspondence, for example: final action courtesy letters, will- serve letters and address verifications. Customer Complaint or compliment records including, Transitory Until Complaints/Kudos but not limited to: letters, phone calls, administrative comment cards and in person feedback from need ends citizens, customers, developers and contractors. Department Departmental policy or program Permanent In perpetuity Guidelines,Policies, correspondence, documenting the Procedures, Processes formulation, adoption, and implementation and Reports of significant departmental policy or program decisions, including, but not limited to: Standard Operating Procedures (SOP) and department guidelines, etc. Departmental records created or received in Temporary 2 years or until the course of administering departmental administrative policies, procedures, or programs, but these need ends records do not provide insight into significant policy,procedure,program, discussions, or decisions. Including,but not limited to: citizen response letters. City/departmental SOP/policy manual or Transitory 1 year after reference material from another government document agency or business. replacement or until administrative need ends Director Documents, including, but not limited to: Permanent In perpetuity Determination/ written request for Unified Development Interpretation Code (UDC) interpretation, analysis, and the responsive departmental opinion. 141Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Forms/Templates Forms/templates created for use by the CD Transitory Until department, including,but not limited to: administrative visual aids/cut-sheets, applications, need ends or checklists, and web documents. record is superseded HR Documents Departmental employee personnel records, Transitory Until employment including,but not limited to: training is terminated; then records, coaching notes, performance forward to HR evaluation, contact information; record is confidential and will be kept in a locked file, with manager, until employment has ended. Marketing Materials Documents, including, but not limited to: Transitory Until record is working and draft research superseded or products/materials, analysis, maps, images, administrative photos, demographics, market studies, need ends conference materials, site selector information, spreadsheets, public outreach/town hall information, publications, or other metrics for department, inter-departmental, and external customers. Meeting Records and Internal meeting records and notes Transitory Until Notes generated in the course of day- to- day administrative business, including, but not limited to: need ends or agendas, notes, and presentation. record is superseded Presentations Formal department presentations to City Transitory Until Council, Commissions, Chamber of administrative Commerce, other agencies/entities, or need ends people. Professional Service Documents or communication related to a Transitory Until Agreement PSA/contract, including, but not limited to: administrative (PSA)/Contracts copies of contract documents; emails need ends including(performance related) correspondence from our PSA consultants (electrical,plumbing, mechanical, structural, and fire disciplines). Special Final departmental documents related to Permanent In perpetuity Projects/Initiatives special, non-confidential, or one-time projects, including, but not limited to: strategic plan initiatives,urban renewal districts, inventory, or non- application specific projects. 151Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Work-in-progress documents, material, or Transitory Until record is work products for ongoing or one-time superseded or projects, including, but not limited: to administrative strategic plan initiatives,urban renewal need ends districts, inventory, or non-application specific projects. Staff Working Documents, including, but not limited to: Transitory Until record is Documents, Notes and notes, draft spreadsheets, PowerPoints, superseded or Drafts Word, Adobe InDesign documents and administrative underlying work-in-progress information need ends that supports the day-to-day staffs job function. Reference/Owner's Documents, including, but not limited to: Transitory Until record is Manuals/ owner's manuals, International Code superseded or Handbooks Council (ICC), and reference documents administrative from other companies, government agencies need ends (e.g. Idaho Power, American Disabilities Administration(ADA), Ada County Highway District(ACHD), Energy Commission, etc.). Reports & Studies Documents, including, but not limited to: Transitory Until record is draft research information, market studies, superseded or planning studies, and related documents not administrative adopted in the Comprehensive Plan or UDC need ends (e.g. pathways, downtown street crossing). Telephone Records Message logs, voicemails, ShoreTel/Mitel Transitory Until call volume reports, etc. administrative need ends Zoning Verification Documents, including, but not limited to: Semi- 10 years Letter written requests for zoning analysis of a permanent specific parcel/property and the responsive departmental opinion. Building Division— Commercial and Government Buildings Building plans and Drawn and written approved-for- Permanent In perpetuity specifications for construction plans and specifications for commercial and commercial and government buildings, government buildings dated January 2012 or later, including but dated January 2012 not limited to: structural calculations; and later geotechnical investigations/reports (soil classifications; strength, compressibility, load bearing values tests; groundwater; borings; pits; subsurface explorations); and Certificates of Occupancy. 16 1 Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Building permit files Records related to commercial and Permanent In perpetuity for commercial governmental building projects, dated projects and January 2012 or later, including but not government buildings limited to: building, mechanical,plumbing, dated January 2012 fire, and/or electrical permit applications, and later inspection records, and permits; letters of completion; certificates of values; and correspondence. (Kept in Accela.) Temporary certificates Temporary certificates of occupancy issued Transitory Until issuance of of occupancy for for commercial and government buildings. Final CO commercial and government buildings Notices of Violation, Records related to reports and Transitory Until resolved(or stop work orders, investigations of building code violations, if transferred to related records including, but not limited to: signed letters Meridian Police of alternative compliance from design Department/Code professional, engineers, or architects; letters Enforcement generated from City's legal counsel; notes Division or of conversations; telephone logs; photos, prosecutor, see reports, and analyses of violations. respective agency's records retention schedules) All building records All records regarding commercial and Semi- 5 years regarding commercial government buildings dated before January permanent and government 2012. buildings dated before January 2012 Sign permit plans and Drawn and written approved-for- Permanent In perpetuity(see specifications construction plans and specifications for also related signs. records in Planning Division records retention schedule) Building Division—Non-Commercial and Non-Government Buildings (Residential) Building plans and Drawn and written approved-for- Permanent In perpetuity specifications for non- construction building plans and Certificates commercial and non- of Occupancy, dated January 2012 or later. government buildings dated January 2012 and later Building permit files Records related to non-commercial and Permanent In perpetuity for non-commercial non-governmental building projects, dated projects and non- January 2012 or later, including but not 171Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD government buildings limited to: building, mechanical,plumbing, dated January 2012 fire, and/or electrical permit applications, and later inspection records, and permits; letters of completion; certificates of values; and correspondence. (Kept in Accela.) Temporary certificates Temporary certificates of occupancy issued Transitory Until issuance of of occupancy for non- for non-commercial and non-government Final CO commercial and non- buildings. overnment buildings Notices of Violation, Records related to reports and Transitory Until resolved(or stop work orders, investigations of building code violations, if transferred to related records including, but not limited to: signed letters Meridian Police of alternative compliance from design Department/Code professional, engineers, or architects; letters Enforcement generated from City's legal counsel; notes Division or of conversations; telephone logs; photos, prosecutor, see reports, and analyses of violations. respective agency's records retention schedules) All building records All records regarding non-commercial and Semi- 5 years regarding non- non-government buildings dated before permanent commercial and non- January 2012. government buildings dated before January 2012 Land Development Division Permits and Files or documents created and/or used in Transitory Until Inspection Records— the land developments phase of all administrative All Land Development Governmental, Commercial, or need ends (Accela Record ID's) Residential/Commercial Subdivision projects with Accela ID's (LD-RSUB, LD- CSUB, LD-CAP, LD-MISC, LD-WSA, LDIR). Surety (performance) All documents related to surety agreements, Transitory Until requirements including, but not limited to work-in- and/or conditions progress files for development of a surety are met and agreement(correspondence, bids, memos, administrative surety applications, contract filing need ends or information), Letters of Credit, Bonds, release occurs securing the performance compliance with whichever is later requirements or conditions of a project including, but not limited to sewer, water, landscaping, fencing, amenities, car ports, 181Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD pathways, lighting, paving/striping for private park lot(s), etc. Letters of Credit/Bond(s) Transitory Until requirements and/or conditions are met and administrative need ends or release occurs, whichever is later (see Clerk's schedule) Cash Transitory Until requirements and/or conditions are met and administrative need ends or release occurs, whichever is later (see Finance's schedule) Surety(warranty) All documents related to Surety Transitory Until requirements Agreements, including, but not limited to and/or conditions working files for development of a surety are met and agreement(correspondence,bids, memos, Administrative surety applications, business filing need ends or information), Letters of Credit, Bonds, release occurs, securing the performance and warranty whichever is later compliance with requirements or conditions of a project; including, but not limited to sewer,water, landscaping, fencing, amenities, car ports, pathways, lighting, paving/striping, and private park lot(s) etc. Letters of Credit/Bond(s) Transitory Until requirements and/or conditions are met and administrative need ends or release occurs, whichever is later (see Clerk's schedule) 191Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Cash Transitory Until requirements and/or conditions are met and administrative need ends or release occurs, whichever is later (see Finance's schedule) -Planning Division-Administrative Applications Accessory Use Permits Documents, including, but not limited to Permanent In perpetuity for Daycare or Home application, associated checklist items, and Occupation staff report with decision letter. Alternative Documents, including, but not limited to Permanent In perpetuity Compliance application, associated checklist items and decision letter, or decision is rendered with a concurrent administrative or hearing application. Certificate of Zoning Documents, including, but not limited to Permanent In perpetuity Compliance application, associated checklist items, certificate of zoning compliance (CZC), and staff report. Conditional Use Documents, including, but not limited to Permanent In perpetuity Permit Minor application, associated checklist items, and Modification staff report with decision letter. Design Review Documents, including, but not limited to Permanent In perpetuity application, associated checklist items, and design review staff report, or decision is rendered with a concurrent CZC staff report. Private Road Documents, including, but not limited to Permanent In perpetuity application, associated checklist items, tentative decision letter, maintenance agreement, reciprocal cross access easement and final decision letter. Property Boundary Documents, including, but not limited to Permanent In perpetuity Adjustment application, associated checklist items and tentative decision letter, final decision letter, and documents that include recorded record of survey, new deeds,new tax parcel numbers, etc. Sign Permit Plans & Documents, including, but not limited to Permanent In perpetuity Specifications application, associated check list items and approved, sign specifications (plans/design/drawings). 201Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Sign: Planned Sign Documents, including, but not limited to Semi- 5 years after Program (No longer approved application, and sign requirements permanent revocation from issuing,but still have for a specific project. property owner existing records) Sign: Limited Documents, including,but not limited to Permanent In perpetuity Duration application, associated checklist items, and approved sign design/drawings. Surety: Planning Included in Land Development Description. See Land See Land Developme Development nt Schedule Schedule for for retention retention Time Extension Documents including,but not limited to Permanent In perpetuity application, staff report, and decision letter. Vacation Documents, including, but not limited to Permanent In perpetuity application, associated checklist items and staff report with decision letter. Annexation Documents, including, but not limited to Permanent In perpetuity application, associated checklist items, staff report, Planning and Zoning Commission Recommendations, and Findings. Comprehensive Plan Documents, including, but not limited to Permanent In perpetuity Text and Map application, associated checklist items, staff Amendments report, area of city impact negotiation with Ada County, Planning and Zoning Commission Recommendations, Findings if accompanying another concurrent hearing application. City Council Review Documents, including, but not limited to Permanent In perpetuity (appeal) application, associated checklist items, staff report/memo and decision letter. Conditional Use Documents, including, but not limited to Permanent In perpetuity Permit Modification application, associated checklist items, staff report, and Findings. Development Documents, including, but not limited to Permanent In perpetuity Agreement application, associated checklist items, staff Modification report, draft copy of the amended development agreement, and Findings. Planned Unit Documents, including, but not limited to Permanent In perpetuity Development application, associated checklist items, staff 211 Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD report, Planning and Zoning Commission Recommendations, and Findings. Final Plat Documents, including, but not limited to Permanent In perpetuity Modification application, associated checklist items, staff report, and Order of decision. Preliminary Plat Documents, including, but not limited to Permanent In perpetuity application, associated checklist items, staff report, Planning and Zoning Commission Recommendations, and FFCL. Preliminary and Final Documents, including, but not limited to Permanent In perpetuity Plat application, associated checklist items, staff report, letter of completion, FFCL, and Order of decision. Final Plat Documents, including, but not limited to: Permanent In perpetuity application, associated checklist items, staff report, letter of completion and Order of Decision. Short Plat Documents, including, but not limited to Permanent In perpetuity application, associated checklist items, staff report, and FFCL. Rezone Documents, including, but not limited to Permanent In perpetuity application, associated checklist items, staff report, Planning and Zoning Commission Recommendations, and Findings. Time Extension - Documents, including, but not limited to Permanent In perpetuity Planning & Zoning application, associated checklist items, staff Commission or report, and Order. Council Unified Development Documents, including, but not limited to Permanent In perpetuity Code Text application, associated checklist items, staff Amendment report, and Planning and Zoning Commission Recommendations. Vacation Documents, including, but not limited to Permanent In perpetuity application, associated checklist items, and staff report. Variance Documents, including, but not limited to Permanent In perpetuity application, associated checklist items, staff report, and Findings. 221Page FINANCE DEPARTMENT RECORD DESCRIPTION I CATEGORY RETENTION PERIOD Administrative—All(Administration,Arts & Culture, Billing, Budget, Controller, Purchasing) Activity Daily, weekly monthly or other reports Transitory Until one year after Logs/Reports documenting the activities of the audit Finance Department employees, including but not limited to: sign in/out sheet for credit card, car sign in/out, etc. Correspondence Adopted policy/programs impacting Permanent In perpetuity departments City-wide. Records created or received in the Semipermanent 5 years course of administering city policies, procedures or programs, but these records do not provide insight into significant policy,procedure or program discussions or decisions. Including but not limited to Citizen Response letters, billing adjustment requests, etc. Correspondence created or received in Transitory Until administrative the course of administering City need ends policies, procedures or programs including but not limited to Memos, transmittals, notes, comments, thank you notes, letters to businesses and day-to day office and housekeeping correspondence that does not contain unique information about City functions or programs. Committee Agendas and meeting minutes/notes for Transitory Until administrative Records special groups convened by the need ends department for specific purposes such as understanding operational procedures, gaps, and process delays. Customer Comment cards, copies of emails, Transitory Until administrative Complaints/Kudos letters, and other documents relaying need ends complaints or kudos for staff and/or department functions. Department Finance Departmental Standard Transitory Until record is Guidelines, Operating Policy/Procedures. superseded Policies, Procedures, and Processes Administrative Documents generated by department Transitory Until administrative Reports staff for miscellaneous internal reports. need ends May also include complaints or compliment records including but not limited to letters,phone calls, comment 231Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD cards and in person feedback from citizens, customers. Forms/Templates Forms/Templates created for use by the Transitory Until administrative Finance Department including but not need ends or record limited to visual aids, applications and is superseded checklist, billing forms, budget and purchasing templates. HR Documents Departmental employee personnel Transitory Until employment is records kept in locked files with terminated; then manager until employment has ended; forward to HR File sent to HR for retention after termination (voluntary or involuntary). Staff Records and Records and notes generated in the Transitory Until administrative Notes course of day to day business, including need ends or record but not limited to; agendas, minutes, is superseded notes, presentations, notebooks, meeting notes, to-do lists, employee—compiled notes, etc. May also include documented attendance and presentation by Finance Department employees at conventions, conferences, seminars, workshops and similar training events. Includes training requests, training and Continuing Education Unit tracking reports and other related correspondence. Photographs Includes both formal and informal Transitory Until administrative photos from events or day to day need ends or record operations. is superseded Presentations Formal department presentations to Transitory Until record is Council or others, e.g. New Council superseded or member training, citywide staff training. administrative need ends Reference/Owner's Documents to include but not limited to: Transitory Until record is Manuals/Books equipment manuals, reference materials. superseded or administrative need ends Special Documents related to special or non- Temporary 2 years or until Projects/Initiatives confidential one-time projects. administrative need ends Telephone Records Message logs, voicemails, etc. Transitory Until administrative need ends 241Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Accounting Accounts Payable Records documenting payment of city Semipermanent 5 years bills, including reports, invoices, check IC§50- stubs,purchase orders, payment 907(2)(a) authorizations. Accounts Records documenting billing and Semipermanent 5 years Receivable collection of monies owed to the city by IC§50- vendors, citizens, organizations, 907(2)(a) governments, etc. Records include: reports, receipts, invoices, statements, etc. Information typically includes: receipt amount, date, invoice number, name, account number, account balance, adjustments, etc. Cash Receipts Receipt and supporting documentation. Semipermanent 5 years IC§50- 907(2)(a) Grant Records Records documenting the application, Semipermanent 10 years from final evaluation, awarding, administration, IC§50- grant close-out reporting and status of grants applied 907(2)(g) for, received, awarded or administered by the city. Records include: applications and proposals, summaries, objectives, activities,budgets, exhibits, award notices,progress reports, contracts, financial reports, and related correspondence and documentation. Liens Liens held by the city and any Semipermanent 5 years after lien corresponding release of liens. Insert Code released Sales & Use Tax Used to report and remit sales tax Semipermanent 5 years Forms collected and due to the state. IC§50- 907(2)(a) Travel Records Records documenting requests, Semipermanent 5 years authorizations, reimbursements, and IC§50- other actions related to employee travel, 907(2)(a) including expense reports and receipts, vouchers and related documents. Budget Financial Reports Reports documenting the financial Semipermanent 10 years Quarterly condition and operation of the city, IC§50- Published Reports include information on revenues 907(2)(a) and expenditures in relation to the final budget. Financial Reports Reports and data used to document the Semipermanent 5 years Year End financial condition and operation of the IC§50- city, sub ledgers related to, but not 907(2)(a) including the final Audit Report. 251Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Bank Transaction Records documenting the status and Semipermanent 5 years Records transaction activity of city bank IC§50- accounts, including account statements. 907(2)(a) Budget Hearing Newspaper notice of budget hearing. Permanent In perpetuity Notice IC§50- 907(1)(h) , Held in Clerk's Office Budget Records Records used in preparing and adopting Semipermanent 10 years the city budget, including revenue IC§50- projections, instructions, department 907(2)(a) requests, worksheets, council-approved tentative budget and notice of budget hearing, adopted appropriations ordinance and amendments, and other information. Capital Asset Record of purchase, vendor invoice and Semipermanent 5 years Records— related documents. IC§50- Purchase 907(2)(a) Capital Asset Record of disposal, department request Semipermanent 5 years after disposal Records—Disposal of disposal. IC§50- 907(2)(a) Gift and Records documenting gifts and Semipermanent 10 years Contribution contributions to the city. IC§50- Records 907(2)(a) Chief Financial Officer Investment Reports, statements, summaries, Semipermanent 5 years Records correspondence and other records IC§50- documenting and tracking investments 907(2)(a) made by the city, including the Local Government Investment Pool. Controller Accounting Transaction records within the Semipermanent 10 years Software Records Accounting Software system: including IC§50- -payroll, vendor listing, vendor 907(2)(a) payments, vendor purchase orders, budget transactions, cash receipts, and general ledger. Audit Report Documents the city's annual audit, Permanent In perpetuity examining compliance with generally IC§50- accepted accounting principles and 907(1)(d); Held methods, the accuracy and legality of in Clerk's transactions and accounts, and Office compliance with requirements, orders, and regulations pertaining to the financial condition and operation of the 26 1 Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD city. Information includes: financial statements, auditor's report and recommendations, single audit information concerning federal grants, and other information. Bond Records Records documenting financing of city Permanent In perpetuity improvements through bonded IC§50- indebtedness. Records include bond 9 0 7(1)(a)(b)(h); rating information,bond and election Held in Clerk's ordinances, legal notices announcing Office bond election, bond counsel information and opinions, covenants, paid bonds and coupons, bond registers, State Treasurer public bond issue reports (IDAPA 54.01.01), etc. Monthly bond statements, payments of Semipermanent 5 years after final bonds payment of bond Departmental Reports documenting the financial Semipermanent 10 years Reports condition and operation of the city, IC§50- issued on a monthly, quarterly, annual or 907(2)(e) other basis, including quarterly published treasurer's report and year-end financial reports. Reports include information on revenues and expenditures in relation to the final budget. General Ledgers Records documenting the summary of Semipermanent 10 years accounts reflecting the financial position IC§50- of the city, showing debit, credit and 907(2)(a) balance amounts per account,budget, fund and department, asset depreciation, and totals for notes receivable, interest income, amounts due from other funds, bank loans received, cash in escrow, deferred loans received, cash, revenue, accounts receivable, accounts payable, etc. Journal Entries Records including detailed reports and Semipermanent 5 years back up documentation for journal IC§50- entries. 907(2)(a) Local Records documenting the formation of a Permanent In perpetuity Improvement local improvement district and levying IC§50- Districts (LID) of special assessments, including: 907(1)(e); Held ordinance, published notices, assessment in Clerk's roll, appeals, affidavits,bonds and Office coupons, delinquencies, and related correspondence and documents. 271Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Real Property Records of real property. Permanent In perpetuity Title Records IC§50- 907(1)(e); Held in Clerk's Office Payroll Administrative Reports, statistical studies, and other Semipermanent 10 years Reports records designed and used for budget IC§50- preparation, projections, workload and 907(2)(a) personnel management, and research and general reference. Deduction Records documenting employee Semipermanent 5 years after Authorization authorization for voluntary payroll IC§50- employee separation Records deductions. Records may include: direct 907(2)(a) bank deposits, insurance applications, enrollment cards, deduction authorizations, approval notices, deduction terminations, and related records. Federal & State Records, in addition to those itemized in Semipermanent 5 years Tax Records this section, used to report the collection, IC§50- distribution, deposit, and transmittal of 907(2)(a) federal and state income taxes as well as social security tax. Examples include: the federal miscellaneous income statement(1099), employers' quarterly federal tax return(941, 941E), tax deposit coupon(8109), and similar federal and state completed forms. Garnishment Records documenting requests and court Semipermanent 5 years after Record orders to withhold wages from employee IC§50- termination. earnings for garnishments, tax levies, 907(2)(a) support payments, and other reasons. Usually includes original writs of garnishment, orders to withhold, federal or state tax levies, recapitulations of amounts withheld, and related records. Information usually includes: employee name and social security number, name of agency ordering garnishment, amount, name of party to whom payment is submitted, dates, and related data. Registers— Other Monthly registers documenting earnings, Transitory Disposed yearly after deductions, and withholdings of city audit employees. 28 1 Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Registers Year Payroll Registers: Registers or records Semipermanent 5 years End serving the same function of IC§50- documenting the earnings, voluntary and 907(2)(a) required deductions, and withholdings of city employees. Information usually includes employee name and social security number, hours worked, rate, overtime, vacation value, various allowance, gross pay, federal and state withholding, voluntary deductions, net pay, and related data. Time Records Records documenting hours worked, Semipermanent 5 years after leave hours accrued, and leave hours IC§50- employee separation taken by city employees. Information 907(2)(a) usually includes: employee name and employee number, hours worked, type and number of leave hours taken, total hours, dates and related data. W2s Annual statements documenting Semipermanent 5 years individual employee earnings and IC§50- withholdings for state and federal 907(2)(a) income taxes and social security tax, also known as federal tax form W-2. Information includes: city name and tax identification number, employee name and social security number, wages paid, amounts withheld, and related data. W4s Certificates documenting the exemption Semipermanent 5 years after status of individual city employees, also IC§50- employee separates known as W-4 forms. Information 907(2)(a) includes: employee name and address, social security number, designation of exemption status, and signature. PERSI Records Records relating to PERSI, including Semipermanent 5 years Employer Remittance Forms, invoices, IC§50- correspondence, financial adjustments, 907(2)(a) etc. Unemployment Records documenting employee Semipermanent 5 years Reports earnings on a quarterly basis. Used to IC§50- document costs and charges in the event 907(2)(a) of an unemployment compensation claim. Information includes: employee name and social security number, quarterly earnings. Purchasing 291Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Contracts Agreements with vendors and other Semipermanent 10 years from date of parties either in hard copies or contained IC§50- substantial on the Contract Management Database 907(2)(b) completion for the acquisition or sale of equipment, supplies, services or property, also includes insurance certificates,payment and performance bonds pertaining to a solicitation or contract that Purchasing is facilitating. Original agreements and contracts that Permanent, In perpetuity have been approved by Council. Held in Clerk's Office Lease Agreements Lease agreements for property or Semipermanent 5 years equipment. IC§50- 907(2)(b) Purchase Orders Requests and purchase orders for goods Semipermanent 10 years or services purchased by the city. IC§50- Information includes: department, 907(2)(a) delivery location, date, quantity, description,unit and total price, and authorizing signatures. Purchasing Records documenting competitive Semipermanent 10 years from the Selection bidding and purchase of goods, services, IC§50- date of award and public works construction, and 907(2)(a) procurement of design professionals. Records include: published notices and solicitations, specifications, bids, requests for qualifications, statements of qualifications, etc. Utility Billing Adjustment Records documenting adjustments to Semipermanent 5 years Registers customer water, sewer, garbage or other IC§50- city-provided service billings for debits, 907(2)(a) credits, refunds, returned checks, and related reasons. Information usually includes: customer's name and address, type of adjustment,justification, amount changed, authorizing signatures and other information. (Records held within the billing software). Billing Directive Application completed by owner or Semipermanent 5 years property manager to initiate Third Party IC§50- billing for specified utility account. 907(2)(a) Information included: owner, property manager, tenant, move-in date, and service address. 301Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Billing/Payment Records documenting transactions on Semipermanent 5 years Registers the water, sewer, garbage or other city- IC§50- provided service account of each 907(2)(a) customer. Useful for reference to assure accurate customer billings and posting of payments. Information often includes: customer's name, service address, meter reading, water usage,utility charges, payments, adjustments and related data. (records held within the billing software). Change Record Records documenting routine Semipermanent 5 years information changes to customer IC§50- accounts, including name and address. 907(2)(a) (Records held within the billing software). Customer File General correspondence and forms Semipermanent 5 years related to a specific utility account. This IC§50- information would be in addition to that 907(2)(a) found within the billing software. Documents in file may include and are not limited to: general letters, payment arrangement forms, third party billing docs, hard copies of customer history reports, leak adjustment requests, letters submitted to the City for customers. Disconnect Notice Notice to City Council to verify that no Semipermanent 5 years to City Council customer currently slated for shut off IC§50- due to non-payment has requested a 907(2)(a) hearing with the Board of Adjustment. Notice includes number of customers slated for shut off and the value of the delinquent accounts. Disconnect Record Records documenting a customer's Semipermanent 5 years request for disconnection of water, IC§50- sewer, garbage or other city-provided 907(2)(a) services. (Records held within the billing software). Meter Readings Document the readings of customer Semipermanent 5 years water meters for billing purposes. IC§50- Information typically includes: meter 907(2)(a) reading, date read, account number, billing code, final reading, reason for turnoff, meter changes, and related data. (records held within the billing software) 311 Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Payment One-page document that records a Transitory Until administrative Arrangements customer's promise to pay. need ends. Renter Supplemental document completed by Semipermanent 5 years Addendums the tenant to accept the third party IC§50- billing for specified utility account. 907(2)(a) Information included: tenants name, service address, mailing address and phone number. Security Deposit Records documenting customer payment Semipermanent 5 years Records of a security deposit to receive IC§50- temporary dumpster services. 907(2)(a) Information usually includes date, amount of deposit, customer's name, address, and account number, date account closed, refund date, amount of deposit applied, and related information. Shut Off Turn On Electronic spreadsheet used during shut Semipermanent 5 years off day by water department field staff IC§50- and MUB S. Tracks customers that are 907(2)(a) to be shut off,payments, and turn-ons as authorized. Record includes: Customer name, service address, meter id, time of shut off, time of payment, time of turn- on, fee waived if applicable and general notes. 321Page FIRE DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative Records regarding day-to-day administration Transitory Until administrative Records of department, e.g., copies of invoices, travel need ends or record is records, uniform clothing purchases, fuel superseded charges, fuel receipts, fuel reports, inventory asset information forms, phone logs and waste water inventory. Car Seat Car seat inspection forms. Semipermanent 10 years Inspections Correspondence Day-to-day office and housekeeping Transitory Until administrative correspondence not unique to city functions need ends or programs. General administrative correspondence, Semipermanent 5 years including records created or received in the course of administering city policies/programs, but not related to significant policy/program discussions or decisions. Includes customer survey cards. Policy/program correspondence, documenting Permanent In perpetuity the formulation, adoption, and implementation of significant policy/program decisions, including letters to personnel, Certified Family Home Fire District letters, letters regarding training burns, etc. Department Monthly, Quarterly and Annual Department Permanent In perpetuity Reports reports. Equipment and Records relating to equipment and vehicles Semipermanent Destroy five (5) years Vehicle Test, owned and serviced by the City documenting after disposal of Maintenance & maintenance and repairs of equipment, vehicle or until Repair Records vehicles and other assets with a useful life administrative need generally more than five years. Includes the ends,whichever is following: fire hose records (such as test date, longer date previously tested, apparatus number, station number, hose diameter, conditions found, service date, defects corrected, etc.), annual ladder inspections and test results, tests done on SCBA's (including flow testing), etc. Vehicle maintenance records, inspections, pump testing and repair records of apparatus. Emergency medical equipment maintenance records used to verify regular maintenance of emergency medical equipment such as copies of contracts, maintenance schedules, test protocols, equipment inventory,performance test records, repair records, parts used and service 33 Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD reports. Per NFPA Standards 1901, 1961, 1852 and 1500. Fire & Security Records documenting the department's role in Permanent In perpetuity Alarm System issuing permits, testing and maintaining fire Records and security alarms, including fire alarm and sprinkler system plans. May include permits, applications, malfunction reports, maintenance reports, and related documents. Fire Fire and arson investigation case files, Permanent In perpetuity Investigation including investigative reports, witness Records statements, photographs, maps, correspondence, notes, video and audio recordings, copies of property releases, laboratory reports, and incident/injury reports. Hazardous Inspection records of underground and above Permanent In perpetuity Materials ground fuel storage tanks. Reports and Records investigation results of incidents including spills and leaks, etc. Historical Newspaper clippings and articles relating to Permanent In perpetuity Records the Meridian Fire Department,photos of events. Inspection Documents relating to fire code inspections Semipermanent 20 years records performed by the department, including inspections of home daycares and foster care homes, commercial buildings, and subdivisions. May include reports, notices, citations, occupancy and pre-fire planning records, floor plans, sketches, reports, lists, Tier II reports, and related documents. Buildings & Fire inspection records relating to buildings Temporary 3 years from date of Subdivisions— and subdivisions that have been demolished last inspection Demolished or or are otherwise no longer in existence (never No Longer in constructed). Existence (never constructed) Juvenile Fire Case files related to juvenile fire setter Permanent In perpetuity Setter investigation, including investigative reports, Evaluations witness statements,photographs, maps, correspondence, notes, video and audio recordings, copies of property releases, laboratory reports, incident/injury reports. Maps Maps and related records maintained by the Transitory Until record is department for address location, reference superseded and for tracking various trends. May include lists, books and other methods of address location. 341Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Meeting Final, approved Officer and Command Staff Semipermanent 5 years Minutes meeting minutes. Narcotics Narcotic inventory and usage- hard copy, Temporary 3 years Inventory& narcotics distributed to the engine companies. Usage National Fire National Fire Incident Reporting System Permanent In perpetuity Incident (NFIRS) Fire Incident Report, relating to fire Reports run, medical emergency, casualty, hazardous materials call, false alarm, good intent, or service call. May include property release forms, civilian and fire service casualty reports, hazardous materials reports, etc. Patient Care Records related to patient care, refusal of Permanent In perpetuity Records care, denial of need for care, supplemental emergency medical services reports, diagnostic attachments to include ECG, care summary reports and vital sign reports. Plans, Records related to department operations, Transitory Until record is Protocols, including Medical Supervision Plan, standing superseded Guidelines, written orders, operational guidelines, Policies administrative and operational policies. Proof of Proof of worker's compensation and other Transitory Until record is Insurance insurance required for training tower usage by superseded other agencies. Public Records related to the design and Semipermanent 5 years Education implementation of educational and other Programs & outreach programs provided to the public by Publications the department. May include: class descriptions, instructional materials, course outlines, class enrollment and attendance records, reports, speeches, and publications. Public Record Public records requests and responses. Temporary 2 years after last Requests action Ride-Along Signed waivers for persons requesting a ride- Forms along with the department. Ride Along Temporary 2 years tracking records. Rural Fire All records of activities of the department or Permanent In perpetuity Protection other City departments as they relate to the District Records Meridian Rural Fire Protection District. May include: annual audits, land and apparatus acquisition records, records relating to construction of fire stations,bank statements, tax levy forms, Local Government Investment Pool statements, financial statements, annual budget records, legal notices, meeting minutes, election records, declarations of 351Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD candidacy, election results, ICRMP insurance records, audio recordings of meetings. Structure Burn Records related to structure burns. Semipermanent 10 years Training Records Subpoena, Records including subpoenas for records Transitory Until administrative Duces Tecum or retained by the Fire Department (duces need ends Requiring tecum) or subpoenas requiring Fire Court Department personnel to appear in court. Appearance 36 1 Page HUMAN RESOURCES DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative Copies of administrative records including Transitory Until administrative Records AT invoices, expense reports,professional need ends or record membership documents, etc. is superseded Affirmative Records documenting city compliance with Semipermanent 5 years from date of Action; Equal the Civil Rights Act of 1964, the Equal IC§50-90 7(2)(g); request or personnel Employment Employment Opportunity Act of 1972 and 29 CFR action whichever is Opportunity the Americans with Disabilities Act. 1602,1602.14, later Commission Records include: plans, policy statements, 1620.32 Reports reports, investigations, case files and related information. Also includes EEO-4 reports submitted to the Equal Employment Opportunity Commission(EEOC) documenting compliance with EEOC requirements by cities with 15 or more employees. Benefits Records documenting notice to employees, Semipermanent 7 years after Continuation spouses and dependents informing them of IC§50-90 7(2)(g); employee their rights to continue insurance coverage 29 CFR 1627.3 separation, after termination or disability or family expiration of leave and whether coverage was elected or eligibility, or rejected. Continuation may be under completion of COBRA or another provision. Notice is also litigation, whichever sent to a third party administrator who is longest administers the extended coverage. Records may be filed with the Employee Benefits Records or Employee Personnel Records. Budget Prep Working documents utilized to build base Semipermanent 10 years Records budgets and establish yearly budgets; worksheets, enhancements, amendments, etc. Collective Records documenting negotiations between Temporary 3 years Bargaining the city and employee representatives, IC§50-90 7(3)(d); including contracts, reports, negotiation 29 CFR 516.5 notes, letters of agreement, arbitration findings, cost analyses, minutes, tape recordings, etc. Committee Agendas and meeting minutes/notes for Semipermanent 7 years Records special groups convened by HR for specific purposes such as Benefits, Compensation, and Wellness. Correspondence, Correspondence created or received in the Semipermanent 5 years Administrative course of administering City policies and programs. Correspondence, Correspondence regarding day-to-day office Transitory Until administrative Transitory operations and does not contain unique need ends 37 1 Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD information about City functions or programs. Databases Database records created and maintained for Transitory Until administrative the purposes of generating reports, data need ends or record files, and a variety of different outputs. is superseded Department HR guidelines, including but not limited to, Semipermanent 10 years from date Guidelines, Salary Administration Guidelines. guideline in its Policies, entirety, or any part Procedures, thereof, is officially Processes, and replaced, updated Reports City Standard Operating Policy/Procedure Semipermanent 20 years from date Manual. SOP Manual in its entirety, or any part thereof, is officially replaced, updated Records documenting and relating to HR Semipermanent 5 years from date processes, including but not limited to, HR process in its recruiting/interviewing processes. entirety or any part thereof, is officially replaced, updated Policies, reports, and documents regarding Semipermanent 10 years the internal department operations and procedures (e.g. Turnover, Recruiting reports, etc.). HR reports regarding department Semipermanent 10 years performance or other management presentations. Includes reports documenting trends, department or City performance in key areas as determined. Records that document the formulation, Transitory Until administrative adoption and implementation of internal need ends or record actions/decisions. is superseded Employee Benefits Records relating to city employee benefits Semipermanent 7 years after information such as: selection of insurance IC§§50-907(2)(g) employee plans, retirement,pension, and disability and 45-610; 29 separation, plans, deferred compensation plans, and CFR 1627.3; 29 expiration of other benefit information. Records may CFR 1602.31; eligibility, or include but are not limited to: plan selection IDAPA completion of and application forms, enrollment records, 09.01.35.081 litigation,whichever contribution and deduction summaries, is longest personal data records, authorizations, beneficiary information, notices of disability payment made, and related documentation. Employee Medical Document an individual employee's Semipermanent 75 years after Records medical history. These records are not IC§§50-907(2)(g) employee personnel records and must be kept in a and 72-601; 29 separation, 381 Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD separate location from employee personnel CFR 1602.31; 29 expiration of records as required by the Americans with CFR 1910.1020 eligibility, or Disabilities Act. Records may include,but completion of are not limited to: medical exam records litigation, whichever (pre-employment,pre-assignment,periodic is longest or episodic), X-rays, and records of significant health or disability limitations. Employee Document of employee's work history. Semipermanent 7 years after Personnel Records Original employee personnel records are IC§§50-907(2)(g) employee kept by Human Resources Department and 45-610; 29 separation, unless otherwise specified. Records may CFR 1627.3; 29 expiration of include, but are not limited to: employment CFR 1602.31; eligibility, or applications, notices of appointment, IDAPA completion of training and certification records, records of 09.01.35.081 litigation, whichever health limitations, drug testing, salary is longest schedules, personal actions, performance evaluations, awards and other special Retirees recognition, letters of recommendation, investigation information, disciplinary 20 years after action, notices of layoff, letters of employee resignation, home address and telephone, separation, emergency notification forms, oaths of expiration of office, grievance and complaint records, and eligibility, or relate correspondence and documentation. completion of (See also Employee Benefits Records, litigation,whichever Employee Medical Records, Recruitment is longest and Selection Records, and Volunteer Records). Notes: (1)Meridian Police Department employee personnel records including original Internal Affairs files and training materials are kept by the Police Department according to the Police Department Records Retention Schedule. Upon employee separation, these records shall be forwarded to Human Resources Department. All other Police Department current employee original personnel records are kept by the Human Resources Department. (2)Meridian Fire Department employee personnel records including original training records and original records related to Union promotions are kept by the Fire 39 Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Department. Upon employee separation these records shall be forwarded to Human Resources Department. All other Fire Department current employee original personnel records including ICRMP and BEST training records and Union member promotion applications and PAR forms documenting a promotion are kept by Human Resources Department. Employment Document to the U.S. Immigration and Temporary 3 years after date of Verification Naturalization Service that an applicant or IC§50-90 7(3)(d), hire or 1 year after (I-9) of Job employee is eligible to work in the U.S. 8 U.S.C. § employment is Applicants Information includes: employee information 1324a(b)(3) terminated, and verification data such as citizenship or (Immigration whichever is later alien status and signature, employer review Reform and and verification data such as documents, Control Act) which establish identity and eligibility, and employer's signature certifying that documents were checked. This category includes forms completed for all new hires, as superseded or previous forms completed on rehires. Forms Forms created for use by HR personnel to Transitory Until administrative facilitate work, including Performance need ends or record Review,job description template, PAR is superseded template, etc. Hazard Exposure Emergency response employees exhibiting Semipermanent 30 years after Records signs or symptoms possibly resulting from IC§50-90 7(2)(g); employee exposure to hazardous substances are 29 CFR 1910.1020 separation, required to be provided medical expiration of examination and consultation. Records eligibility, or include: employee's name and social completion of security number; physician's written litigation, whichever opinion, recommended limitations; results is longest of examinations and tests; employee medical complaints related to hazardous substance exposure; description of employee's duties as they relate to exposure; the employee's exposure levels or anticipated exposure levels; description of protective equipment used; and information from previous medical examinations of the employee which is not readily available to physician and other information. 40 Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Insurance Records documenting plan descriptions and Semipermanent 10 years Policies/Plans: summaries of city insurance policies and Employee Group plans covering employee group health and Health and Life life benefits, including annual certification Benefits records. Kinds and Levels Records documenting the description, Temporary 3 years Chart classification and compensation of city jobs IC§50-90 7(3)(d); and positions. Usually includes details of 29 CFR Part 1602 duties and responsibilities of each position and 29 CFR time percentage breakdowns of tasks, skills 1627.3 and abilities needed for each position, and related records documenting the development, modification or redefinition of each job or position. Leave Applications or requests submitted by city Temporary 3 years Applications employees for compensatory, family and IC§50-90 7(3)(d) medical leave, long term leave and other leave time. Information usually includes: employee name, department, date, leave dates requested, type of leave requested, and related data. These are not kept by Finance. Meeting Minutes Internal staff meeting records. Transitory Until administrative need ends or record is superseded Newsletters HR2You Newsletters. Transitory Until administrative need ends or record is superseded Organization HR Department Organization Charts. Transitory Until administrative Charts need ends or record is superseded Personnel Action Completed employee forms submitted to Semipermanent 7 years after (PAR) Forms HR upon initial hire,pay increase or IC§50-90 7(2)(g); employee decrease, change of address, or change of 29 CFR Part 1602 separation, supervisor. and 29 CFR expiration of 1627.3 eligibility, or completion of litigation,whichever is longest Photographs Photographs relating to HR Transitory Until administrative sponsored/conducted City events (e.g. need ends or record service awards, employee picnic, Wellness is superseded events, etc.). Photo Photographs and other records used to Transitory Until record is Identification identify city employees, private security superseded, obsolete personnel, contract workers and other. May or administrative include photographs taken by City for needs end 411 Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD identification or prox card or driver's license photocopy. Position Records documenting the description, Temporary 3 years Descriptions classification and compensation of city jobs IC§50-90 7(3)(d); and positions. Usually includes details of 29 CFR Part 1602 duties and responsibilities of each position and 29 CFR time percentage breakdowns of tasks, skills 1627.3 and abilities needed for each position, and related records documenting the development, modification or redefinition of each job or position. Presentations Formal departmental presentations to Semipermanent 5 years Council, other formal bodies. Public Records Public records requests and responses. Transitory 1 year after last Requests action Recruitment and Documents regarding the recruitment and Temporary 2 years Selection Records selection of city employees and contracted IC§50-90 7(3)(d); for Applicants who service providers such as attorneys, 29 CFR 1602.31; are Hired auditors, consultants, etc. Records may 29 CFR include, but are not limited to:job 162 7.3(b)(1)(vi) announcements and descriptions, applicant lists, applications and resumes,position advertisement records, civil service and other examination records, interview questions, interview and application scoring notes, applicant background investigation information, polygraph test results, letters of reference, civil service records, staffing requisition forms, certification of eligibles, recruitment file (job announcement, position description, documentation relating to the announcement and test, and test items and rating levels), and related correspondence and documentation. Meridian Police Department employee Temporary 2 years after original background investigation records separation are kept by the Police Department. Upon employee separation these original records shall be forwarded to the Human Resources Department for proper disposition. Meridian Fire Department Union original Temporary 2 years recruitment records including National Testing Network testing, application, and interview notes, for applicants who are hired, are kept by the Fire Department 421Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD until the expiration of the retention period at which time they shall be properly destroyed by the Fire Department. Recruitment and Documents regarding the recruitment and Temporary 2 years Selection Records selection of city employees and contracted IC§50-90 7(3)(d); for Applicants who service providers such as attorneys, 29 CFR 1602.31; are Not Hired auditors, consultants, etc. Records may 29 CFR include, but are not limited to:job 162 7.3(b)(1)(vi) announcements and descriptions, applicant lists, applications and resumes, position advertisement records, civil service and other examination records, interview questions, interview and application scoring notes, applicant background investigation information, polygraph test results, letters of reference, civil service records, staffing requisition forms, certification of eligibles, recruitment file (job announcement, position description, documentation relating to the announcement and test, and test items and rating levels), and related correspondence and documentation. Meridian Fire Department Union original Temporary 2 years recruitment records including National Testing Network testing, application, and interview notes, for applicants who are not hired, are kept by the Fire Department until the expiration of the retention period at which time, they shall be properly destroyed by the Fire Department Resource Records including notebooks, meeting Transitory Until administrative Records/Notes notes, to-do-lists, employee-compiled notes, need ends or record etc. is superseded Special Projects Documents related to special, one-time Semipermanent 10 years projects to include, but not limited to, Employee Satisfaction Survey, Policy Review/Revision, Salary Structure Review. Surveys HR and other initiated internal surveys, Semipermanent 10 years survey results (e.g. Salary Surveys, Employee Satisfactions Surveys, Best Place to Work. Etc.). Telephone Message logs, voicemails, etc. Transitory Until administrative Records need ends Training Records related to the design and Semipermanent 5 years from final Programs/HR implementation of training programs IC§50-907(2)(g) presentation and/or provided to employees by the City. use 431Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Documents may include course descriptions, instructor certifications, instructional materials, course outlines, class enrollment and attendance records, tests, test results, and related records. Training/Travel Records documenting attendance and Semipermanent 5 years Records presentation by HR employees at conventions, conferences, seminars, workshops, and similar training events. Includes training/travel requests, training materials, reports and related correspondence. Payroll Records documenting claims submitted by Temporary 3 years Unemployment former city employees for unemployment IC§5 0-9 0 7(3)(d) Claims compensation. Usually includes: claims, notices, reports, and related records. May also include records generated by the appeal of claim determinations. These are received by HR and kept in HR. Wellness Program Records related to the management and administration of the Wellness Program including: • Wellness Challenges - Semipermanent 5 years Correspondence and other Challenge documentation. • Newsletters Transitory Until administrative need ends • Emails conveying general Transitory Until administrative information related to the Wellness need ends or Program including monthly approved for announcements related to upcoming destruction in challenges, challenge winners, accordance with the monthly Wellness events and 5-year citywide activities, etc. email records retention period) whichever is sooner • Wellness Committee Meeting Semipermanent 7 years Agendas and Minutes • Wellness Database—includes Transitory Until administrative information from Blue Cross for need ends employee point totals, information from employee sign-in sheets to events (name, ID, signature), and employee tracking information to events/challenges (i.e., steps, exercise, weight, Bingo cards, pictures of employees, schedule for 441Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD appointments (name, ID, date, time, email address, phone number)), and vendor contact information for events • Wellness Day Off—Incentive Semipermanent 75 years (retained in Verification Forms for Day Off accordance with Requests Employee Benefit records retention period) • Wellness Day Off—employee Transitory Until administrative timecard tracking records, along need ends with numbers of hours used • Wellness Hero Responses- Transitory Until administrative Correspondence and related records need ends Workers' Medical records related to job assignments Semipermanent 30 years after Compensation that document work-related injuries and employment Records and illnesses, including but not limited to, separation Claims hearing test records, hazard exposure records, first- aid incident records, physician statements, release consent forms and related correspondence, and records documenting claims submitted by city employees for work-related injuries and illnesses. These records are kept separate from employee personnel files. 451Page INFORMATION TECHNOLOGY(I.T.)DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative Activity Daily, weekly monthly or other reports Transitory Until Logs/Reports documenting the activities of Information administrative Technology employees, including but not needs ends limited to: sign in/out sheet for keys, access logs and phone logs, minutes, project files and dashboard statistics. Administrative Copies of: A/P invoices, Expense Reports, Transitory Until Records MIP A/P unposted Reports, Transactions, administrative Internal Invoices, Purchase Orders, Detailed need ends or Statements of Revenues and Expenditures. record is superseded Budget Preparation Working documents utilized to build base Transitory 1 year or until Records budgets and establish yearly budgets, Administrative including but not limited to enhancements, need ends amendments, carry forward support, FTE anticipation, vehicle replacement, quotes for service/maintenance. CorrespondencePolicy/program correspondence, Permanent In perpetuity documenting the formulation, adoption and implementation of significant policy/program decision. Records created or received in the course of Semipermanent 5 years administering city policies,procedures or programs, but these records do not provide insight into significant policy,procedure or program discussions or decisions. Correspondence created or received in the Transitory Until nurse of administering City policies, administrative procedures or programs including but not Need ends limited to memos, notes,thank you notes, surveys, letters to businesses and citizens and ay-to day office and housekeeping correspondence that does not contain unique information about City functions or programs, for example scrolling agenda and announcements. HR Documents Departmental employee personnel records, Transitory Until including but not limited to training records, employment is coaching notes,performance evaluations, terminated, customer feedback, contact information, etc. then forward to HR Meeting Records Internal meeting records and/or staff level Transitory Until and Notes notes generated in the course of day to day administrative 46 Page business, including but not limited to need ends or agendas, notes and presentations. record is superseded Reference/Owner's Documents to include but not limited to Transitory Until record is Manuals/ owner's manuals and documentation. superseded or Handbooks administrative need ends Department Departmental Policy or program records Transitory 1 year after Guidelines, documenting the formulation, adoption and document is Policies, implementation of departmental policy or replaced and/or Procedures, program decisions. Including but not administrative Processes and limited to Standard Operating Procedures need ends Reports and Guidelines, reference materials or materials obtained from another government entity or agency used in the development of said procedure. Department Reports prepared for the Mayor and City Transitory Until Reports Council. administrative need ends Operational Records Backup Files A copy on a disk based backup appliance of Transitory 3 months the contents of all data from the City servers. Service All customer support tickets opened in Semipermanent 10 years Management Tool service management systems. IC§50-907(2)(g) (other) Department Policies, reports, and documents regarding Semipermanent 5 years Policies and internal department operations and IC§50-907(2)€ Reports procedures, e.g. computer usage policy, (dept. report) password policy, service level goals, training materials, evaluations of materials. Disaster Recovery Strategy for retention and recovery of Transitory Until record is Plan network and information systems following superseded or network or server crash or failure. updated Instant Messages All messages sent or received by City staff Transitory Until using the City's electronic messaging overwritten by service system Internally- Programming statements or instructions that Transitory Until record is Generated Source create or execute a computer program. superseded or Code updated Internet History List of websites accessed on City computers Transitory 90 days and electronic devices. Inventory List of electronic devices held by City and Transitory Until record is Management software licensing information and superseded or specifications for each electronic device updated used by City. Outlook Meeting requests sent and received by Transitory Until deleted by Appointments employees via City email system; user 47 Page appointments scheduled via City email system by employees. Outlook E-mail All e-mail messages, sent or received by Semipermanent 5 years Messages—City City staff using City's e-mail system. (E- IC§50-907(2)(g) Staff mail messages may be preserved elsewhere (other) in digital or paper format for longer periods of time as the subject matter of such messages may require.) Outlook Tasks and Tasks, task requests and reminders sent and Transitory Until deleted by Notes received by employees via City email user system. Prox Card Access Register of which prox cards have accessed Transitory 90 days Records a restricted area. Security Camera Video footage from security cameras Transitory Until Footage mounted on and in city facilities. overwritten by system Call Records List of incoming and outgoing calls, Transitory 90 days including phone numbers and caller identification, as available. Voicemail Incoming verbal messages recorded on City Transitory Until deleted by Messages voicemail systems. user 48 Page MAYOR'S OFFICE RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative Records Correspondence Policy/program correspondence created Permanent In perpetuity or received, documenting the formulation, adoption and implementation of significant policy/program decision. May include correspondence relating to Commission and Committee appointments and correspondence with other government agencies. Correspondence created or received in Semipermanent 5 years the course of administering city policies/programs, but these records do not provide insight into significant policy/program discussions or decisions. May include citizen response letters, letters to homeowner associations and businesses. Correspondence created or received Transitory Until which is not unique to City functions or administrative programs. May include; thank you Need ends notes, invitations, and general mail. Customer Complaint or compliment records Transitory Until Complaints/Kudos including but not limited to emails and administrative comment cards. need ends Forms/Templates Forms/Templates created for use by the Transitory Until Mayor's Office including but not administrative limited to visual aids, applications, need ends or checklists, and web documents. record is superseded HR Documents Departmental employee personnel Transitory Until employment records, including but not limited to is terminated; then training records, coaching notes, forward to HR Performance Evaluation, contact information. File sent to HR for retention after termination(voluntary or involuntary). Meeting Records Internal meeting records and/or staff Transitory Until and Notes level notes generated in the course of administrative Special day to day business, including but not need ends or Projects/Initiatives limited to; agendas, notes and record is presentations. superseded 491Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Department Departmental Policy or program Transitory 1 year after Guidelines, records documenting the formulation, document is Policies, adoption and implementation of replaced and/or Procedures, departmental policy or program administrative Processes and decisions. Including but not limited to need ends Reports Standard Operating Procedures and Guidelines, reference materials or materials obtained from another government entity or agency used in the development of said procedure. Presentations Formal department presentations to Transitory Until Council, Community Groups or other administrative agencies/entities or people, e.g. need ends strategic update and new council member training. Telephone Records Message logs, voicemails, Transitory Until ShoreTel/Mitel call volume reports etc. administrative need ends Economic Develo ment Confidentiality Documents, related to signed Transitory Until Agreement Projects confidentiality agreements, including, administrative and but not limited to letters of intent, need ends Correspondence/ community Tax Reinvestment Documents Incentive (TRI) match letter, market research,project prospectus,photos, and written correspondence. Economic Development - Community Development Block Grant (CDBG) Plans and Reports Plans, reports, substantial plan Permanent In perpetuity amendments, and related correspondence. Subrecipient Documents, including, but not limited Semi-permanent 5 years from the Agreements and to agreements, Consolidated Annual completion of a Supporting Performance Evaluation Report program year's Documents (CAPER), sub-recipient agreements, HUD approved environmental review records, PSAs CAPER (and corresponding products), sub- recipient reporting documents (activity reports, draw requests, labor files), etc. erational Record Agendas & Agendas and minutes of Director Semipermanent 5 years Minutes Meetings, Operational Meetings, Mayor's Youth Advisory Council, Mayor's Senior Advisory Board, and Faith Ambassador Council Meetings. 501Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Annual Reports Report on City's and Mayor's Office Permanent In perpetuity activities over preceding year summarizing activities and financial performance. Applications Forms and materials submitted with Semipermanent 5 years application for positions or awards administered by Mayor's Office, including applications for scholarships, Promise partners, Mayor's Youth Advisory Council, volunteer positions, City commissions, and City committees or task forces. Attendance Sheets Sign-in sheets, where offered, for Transitory Until activities and events hosted by the administrative Mayor's Office. needs ends Mayoral Mayoral memos regarding Semipermanent 5 years Memorandums proclamations, meetings, or events. News Releases A written or recorded record directed at Semipermanent 10 years members of the news media for the purpose of making a newsworthy announcement. Photos Published photographs taken, owned, Permanent In perpetuity or stored by the Mayor's Office. Photographs that are not used or Transitory Until needed for a particular purpose. administrative need ends Proclamations Proclamations issued by the Mayor not Semipermanent 5 years read at City Council meetings. Proclamations issued by the Mayor and Transitory Until read at City Council meetings. administrative need ends Publications Informational or promotional Semipermanent 5 years publications of the Mayor's office, including newsletters, flyers, marketing materials, brochures, program materials. Public Addresses Speech, news release and video records Permanent In perpetuity relating to State of the City addresses. Published records relating addresses, Semipermanent 5 years speeches or podcasts. May include script, video, PowerPoint,program, agenda, photos. Special Projects Documents related to special or one- Semipermanent 10 years time projects. 511 Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Documents related to specific Strategic Transitory Until Plans including tools, databases, and administrative working products. need ends Talking Points Records prepared to summarize issues Transitory Until in preparation for discussion with the administrative public or media. need ends 521Page PARKS & RECREATION DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Activity Logs/Reports Daily, weekly, monthly, or other Transitory Until administrative reports documenting the activities need ends of the Parks and Recreation Department employees, including but not limited to: sign in/out sheet for credit card and diesel fuel transfer tank log sheets. Lost &Found log sheets Transitory Until administrative documenting items that have been need ends lost and found by citizens in the parks and other MPR facilities. Administrative Copies of A/P invoices, Expense Transitory Until administrative Records Reports, Detailed Statements of need ends Revenues and Expenditures, Capital Improvements Plan, Parks &Recreation Facilities Depreciation Schedule, MPR Communications Plan, and other related documents. Agendas & Minutes Agendas and minutes of weekly Semipermanent 10 years and monthly MPR staff meetings. Budget Preparation Working documents utilized to Semipermanent 10 years (follows Records build base budgets and establish Finance) yearly budgets, including but not limited to enhancements, amendments, carry forward support, FTE anticipation, vehicle replacement, and quotes for service/maintenance. Correspondence Policy/program correspondence Permanent In perpetuity documenting the formulation, adoption, and implementation of significant policy/program decision. Including but not limited to Commission and Committee. Records created or received in the Semipermanent 5 years course of administering city policies,procedures or programs, but these records do not provide insight into significant policy, procedure or program discussions or decisions. Including but not limited to citizen response letters. 531Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Correspondence created or Transitory Until administrative received in the course of need ends administering City policies, procedures or programs including but not limited to memos, transmittals, notes, comments, thank you notes, letters to businesses and day-to day office and housekeeping correspondence that does not contain unique information about City functions or programs. Committee Records Agendas, meeting minutes/notes, Transitory Until administrative and audio recordings of special need ends groups convened by Parks & Recreation for specific purposes, such as understanding operational gaps and process delays (e.g., Golf Course Focus Group, Christmas in Meridian, MPR Communications Plan, and Regional Geese Management). Customer Compliment or complaint records Transitory Until administrative Kudos/Complaints including but not limited to letters, need ends phone calls, emails, comment cards and in person feedback from citizens, customers, and sponsors. Department Administrative SOPs, policies, Transitory Until administrative Guidelines, processes, director's orders, etc. need ends Standard Operating pertaining to facilities and Procedures, Policies, recreation classes, camps, special Processes, and events, and sports (e.g., Lost & Director's Orders Found, CableONE Movie Night, Metal Detecting, Contracted Instructors, Registrations &Refunds, Sports League Bylaws, Partnerships Between Private or Public Entities, Hot Air Balloons). Employee Time Completed logs of employees' Semipermanent 5 years,unless Logs and Reports timesheets, tasks, and location; record is superseded reports and analysis of related by Finance data. Department 541Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Facility Permits Permits and materials including, Temporary 2 years but not limited to: Completed Park Alcohol and Amplified Sound Permits related to individual's or organization's park picnic shelter reservation, short-term concessions permits and related materials from vendors. Facility Reservation Completed forms and related Temporary 2 years Application and materials collected from Materials individuals or businesses registering for a recreation class, team, or event and other required documentation, such as proof of insurance. Collected Certificates of Liability Temporary 2 years Insurance from individuals or vendors. Financial Aid Completed application forms and Temporary 2 years Applications materials submitted to request financial assistance for children's class or program(e.g., Care Enough to Share). Forms/Templates Forms/templates created for use Transitory Until administrative by the Parks and Recreation need ends Department, including but not limited to internal purchase orders form, diesel fuel transfer tank log sheet, child pick up form, medical waiver, Care Enough to Share application, Generations Plaza memorial brick application, alcohol permit application, amplified sound permit application, sports roster, sports and special events registration forms, sponsor application, volunteer application. Grounds Pesticide spray records, daily Transitory Until administrative Maintenance splash pad test readings, need ends Records playground inspections, restroom cleaning safety data sheets, and other documents related to parks and recreation facilities. 551Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Historical Records 2028 time capsule content Permanent In perpetuity information. Annual newsletters prepared by Permanent In perpetuity Parks &Recreation Department highlighting construction projects, park dedications, and other efforts and initiatives. Copies of MPR Department Permanent In perpetuity Annual Reports provided to the Mayor's Office in conjunction with the State of the City Address. External awards, plaques, and Permanent In perpetuity certificates bestowed upon the MPR Department. MPR Department Dashboards Permanent In perpetuity which document statistical data by year, including but not limited to the number of sports teams/participants/leagues, sports gym usage, Activity Guide enrollments, park shelter and field reservations,park acreage,urban forestry, pathway maintenance, volunteers, revenues,playground safety, turf maintenance, full-time staff, special events and temporary use permits, employee safety, vandalism, and other related information. National Recreation&Park Permanent In perpetuity Association(NRPA)PRORAGIS annual statistical field reports. Parks &Recreation Master Plan Permanent In perpetuity and Appendices which document current parks and recreation facilities and services, level of service, etc. and also provide the framework to respond to the evolving needs of the community. Park dedication plaque mock-ups Permanent In perpetuity detailing the dedication date, Mayor, City Council, MPR Commission, MPR staff, and other volunteers and contributors. Photographs, newspaper and news Permanent In perpetuity channel articles and clippings, 56 1 Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD press releases, and videos relating to Parks and Recreation Department including but not limited to sponsored/conducted City events; park, pathway, and facility dedications, celebrations, and ribbon cuttings;park and pathway amenities, landscape and scenery; recreation classes, camps, and sports; and staff. Proclamations not otherwise Transitory Until administrative retained by the Clerk's Office. need ends HR Documents Copies of departmental employee Transitory Until employment is personnel records kept in locked terminated; then files with manager until forward to HR employment has ended; file sent to HR for retention after termination (voluntary or involuntary). Incident or Accident Citizen reports of incidents, Temporary 2 years Reports injuries, or accidents incurred during or related to a department- sponsored or department-provided class, camp, program, reservation, or activity. Indemnity Forms, Signed waiver/indemnity Temporary 2 years Medical Release agreement related to individual's Forms,Waivers or organization's participation in department-sponsored or department-provided class, camp, program, reservation, activity, transportation, or travel. Marketing Informational or promotional Transitory Materials publications of the Parks & Until Administrative Recreation Department, including Need Ends flyers, brochures,program materials, Facilities Tour/Park Ambassador/other program booklets, PowerPoint and Prezi presentations, z-cards, and videos. Memorial Forms Completed citizen forms Transitory Until administrative requesting memorial in MPR need ends facility under established memorial program(e.g. Generations Plaza Brick Sales form, Kleiner Park Memorial Tree 571Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Plaza Paver Sales, Memorial Tree Program form). Meeting Records Internal meeting records and notes Transitory Until administrative and Notes generated in the course of day to need ends day business, including but not limited to agendas, notes, and presentations. MPR Commission Copies of Commission and Transitory Until administrative Records Committee agendas and summary need ends minutes. Copies of bylaws. Transitory Until administrative need ends Copies of contact information Transitory Until administrative listing Commission members' need ends names, addresses, phone numbers, email addresses, etc. Copies of correspondence Transitory Until administrative regarding day-to-day operations or need ends administration. Copies of project records Transitory Until administrative documenting historical or cultural need ends significance to the City and/or Meridian community Copies of project files and reports Transitory Until administrative used by MPR staff, Commission, need ends Committee in the course of researching, developing, completing, reporting on, or acting on initiatives of the Commission/Committee. Copies of roster listing current Transitory Until administrative Commission members, including need ends names, seat numbers, and appointment dates. Presentations Formal department PowerPoint, Transitory Until administrative Prezi, and other presentations to need ends Council or others, e.g.New Council member training, Joint Council/Commission workshop training, and Meridian Development Corporation. Project Files Copies: Park,pathway, and other Transitory Until administrative project/initiative records, need ends including but not limited to contracts and agreements to which the City is a party, deeds and real property, site plans and maps, 581Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD permits and inspection records, certificates of zoning compliance, conditional use permits, development agreements, preliminary and final plats, purchasing contracts, accounts payable invoices and other financial records, meeting agendas and minutes, and any other related correspondence. Recreation Activity Log sheets completed by parents Temporary 2 years Sign In/Sign Out to signify that minor has been Sheets dropped off or picked up from a department-sponsored or department-provided class, camp, program, or activity. Log sheets completed by Temporary 2 years participant confirming they have attended a class or activity. Reference/Owner's Documents to include but not Transitory Until administrative Manuals/Books limited to equipment and need ends electronics. Resource Records including notebooks, Transitory Until administrative Records/Notes meeting notes, to-do lists, need ends employee-compiled notes, etc. Special Event Forms Completed forms from citizens Temporary 2 years and businesses participating in a special event, including but not limited to vendor and sponsor contracts and entries. Special Documents related to special or Transitory Until administrative Projects/Initiatives non-confidential one-time project need ends to include, but not limited to: Strategic Plan Initiatives, Smoke- Free Parks, and Forestry Stimulus. Sports Schedules Record of games played and final Transitory and Scores scores. Until Administrative Need Ends Surveys Internal and external outreach Semipermanent 10 years surveys and results,presentations, neighborhood meeting minutes, correspondence, and summary reports to solicit citizen input on parks and recreation, customer service, and process improvement. Records of public input, including survey results, neighborhood 591Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD meeting minutes, correspondence, etc. Team Rosters Record of all individuals Temporary 2 years registered for a sports team. Telephone Records Message logs, voicemails, etc. Transitory Until administrative need ends Training Records Records including but not limited Transitory Until administrative and Resources to documenting attendance and need ends presentation by City employees at conventions, conferences, seminars, workshops, and similar training events. Includes training requests, training, and Continuing Education Unit tracking reports and other related correspondence. Tree Inventory& Inventory of all public trees Permanent In perpetuity Abatement maintained by City Arborist and abatement records per City Code. Vandalism & Copies of records related to park, Transitory Until administrative Restitution Records pathway, and facility vandalism need ends incidents and restitution, including but not limited to property damage reports, etc. Volunteer Records Applications, timesheets, and Transitory Until administrative other biographical notes related to need ends City volunteers, including Park Ambassadors, scouts, and other civic groups. These records also include records documenting the activities and administration of volunteer programs in city hall and records documenting work performed for the City by citizens without compensation for their services. May include volunteer application forms, volunteer and emergency contact information, agreements, applications, skills test results, training documentation, task assignments, monitoring records, volunteer hour statistics, volunteer program publicity records, insurance information, inactive volunteer files, and related records. 60 Page POLICE DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Activity reports Daily, weekly, monthly or other Semipermanent 5 years reports documenting the activities of Idaho Code§ employees, including: type of activity, 50-907(2)(e) employees involved, time spent on activity, work completed, equipment used, etc. May include Education & Prevention Training reports. Asset forfeiture Documentation pertaining to the Semipermanent 5 years after closure records seizure process and obtaining approval IC§50- of case through the courts. 907(2)(a) Briefing records Records documenting internal Transitory Until administrative communications between supervisors need ends and shift workers or between staff on different shifts to alert them to problems, issues or activities. Records may include,but not limited to: briefing logs, ILETS/NCIC messages, and bulletins from other agencies. Bulletins from Records including bulletins, circulars, Transitory Until administrative other agencies and related records received from need ends federal, state and local law enforcement agencies. Usually contains descriptions and photographs of fugitives, missing persons, stolen property, etc. Code enforcement Records created by code enforcement Semi- 5 years after last records" officers to document a violation or permanent action investigation into a suspected Idaho Code§ violation of city ordinance that does 50-907(2)(g) not become a crime report(DR). Community service Records relating to police community Transitory Until administrative and outreach service programs. Records may need ends programs include: publications, mailing lists, plans, evaluations, notes, reports, lesson plans and outlines, etc. Crime analysis Records documenting police efforts to Semipermanent 5 years statistics anticipate, prevent, or monitor IC§50- criminal activity. May include 907(2)(g) statistical summaries of crime patterns, modes of operation, analysis of particular crimes, criminal profiles, forecasts, movements of known offenders, etc. Crime reports Reports documenting a suicide, Semipermanent Prosecuted cases: (DRs) for Suicides, unattended death and/or criminal 611 Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Unattended Deaths, offense and actions taken, including IC§50- 100 years after final and Major Crimes charges or arrests. Record typically 907(2)(e) disposition (murder, includes location of occurrence, date involuntary and time, handling officer, involved Non-prosecuted cases: manslaughter, parties (suspects, victims,witnesses, 100 years after date of rape, sexual abuse reporting parties, etc.) and their last investigative of a child, personal information, summary of action terrorism) events and supportive documents (e.g., probable cause statements, witness statements, runaway forms, release of custody forms (juveniles), documents provided by citizens and victims, citations,property invoices, release of property forms, etc.). May include polygraph records (e.g.,pre- examination records, questions, statements of consent, analysis reports, results charts, conclusions, interviewee statements, related information);property and evidence control and disposition records (e.g., evidence photographs, receipt forms, evidence logs, property reports, destruction lists,property consignment sheets, seized firearm logs, homicide evidence inventories, etc.); and/or informant case files (reports, correspondence, payment records, fingerprint cards, signature cards, letters of understanding on informants' activities and related records). Crime reports Reports documenting a criminal Semipermanent Prosecuted cases: (DRs) and citations offense and actions taken, including IC§50- 5 years after final for other crimes charges or arrests. Record typically 907(2)(g) disposition includes location of occurrence, date and time, handling officer, involved Non-prosecuted cases: parties (suspects, victims,witnesses, 5 years after date of reporting parties, etc.) and their last investigative personal information, summary of action events and supportive documents (e.g., probable cause statements, witness statements, tow slips, administrative license suspension forms, intoxilyzer slips,field sobriety tests forms, runaway forms, release of custody forms 'uveniles), documents 621Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD provided by citizens and victims, citations,property invoices, release of property forms,Leads Online printouts, shoplifting reports from store security officers, etc.). May include polygraph records (pre- examination records, questions, statements of consent, analysis reports, results charts, conclusions, interviewee statements, related information), abandoned vehicle reports,found property records, traffic collision reports,property and evidence control and disposition records (e.g., evidence photographs, receipt forms, evidence logs,property reports, destruction lists,property consignment sheets, seized firearm logs, homicide evidence inventories, etc.), and/or informant case files (reports, correspondence, payment records, fingerprint cards, signature cards, letters of understanding on informants' activities and related records). Criminal history Records obtained via ILETS or local Transitory Until administrative records or jail systems (Ada LE Lookup)that need ends ILETS/NCIC provides information on the reports" accumulated criminal arrest and conviction history of an individual which may be useful in an investigation. May include summary sheet, arrest record, fingerprint information, mug shot, name, aliases, residence, sex age, date and place of birth, height, weight, hair and eye color, scars, marks, tattoos, abnormalities, date of arrest, offense committed. Digital media— Digital media attached to a crime Semipermanent Prosecuted cases: Type 1 report for a major crime. Includes IC§50- 100 years after final video, audio, or other digital content 907(2)(g) disposition created by a law enforcement officer Non-prosecuted cases: in the course of an investigation or 100 years after date of response and attached to a crime last investigative report for murder, involuntary action 631Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD manslaughter, rape, sexual abuse of a child, or terrorism. Digital media— Digital media attached to a crime Semipermanent Prosecuted cases: Type 2 report for a felony other than a major IC§50- 5 years after final crime. Includes video, audio, or other 907(2)(g) disposition digital content created by a law Non-prosecuted cases: enforcement officer in the course of an 5 years after date of investigation or response and attached last investigative to a crime report for a crime other than action murder, involuntary manslaughter, rape, sexual abuse of a child, or terrorism. Digital media— Digital media attached to a Transitory Prosecuted Type 3 misdemeanor or infraction crime misdemeanor cases: report. Includes video, audio, or other 410 days after final digital content created by a law disposition enforcement officer in the course of an Non-prosecuted investigation or response and attached misdemeanor cases: to a crime report for a misdemeanor 410 days after last crime or infraction. investigative action Prosecuted infraction cases: 210 days after final disposition Non-prosecuted infraction cases: 210 days after investigative action Digital media— Digital media not attached to a crime Transitory 210 days Type 4* report or where no enforcement action was taken. Includes video, audio, or other digital content created by a law enforcement officer not attached to a crime report. Digital media— Digital media related to an officer Temporary 2 years Type 5* complaint. Includes video, audio, or IC§50- other digital content created by a law 907(3)(d) enforcement officer in the course of an investigation or response relevant to a complaint about such response or officer. Digital media— Digital media recorded in error. Transitory Until administrative recorded in error Includes video, audio, or other digital need ends content created by a law enforcement officer unrelated to an investigation or response. Field interview An informational document written by Semipermanent 5 years reports (FI cards) police officers relating to individuals, 641Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD events, or vehicles for which the IC§50- officer does not have probable cause 907(2)(g) for enforcement. Typically includes name and current address of person contacted, physical description of person or vehicle, officer's name, location of contact, date and time, reason for contact, etc. Grant records Applications and required reporting Semipermanent 10 years after grant documents for grants to support law Idaho Code § closeout enforcement initiatives and 50-907(2)(g) programming (e.g., crime prevention, substance abuse programs, criminal justice, SWAT). Gun dealers' sales Records documenting purchases of Transitory Until background records guns from dealers. May include check is completed duplicate register sheets mailed by the and administrative dealer to MPD and triplicate register need ends sheets mailed by the dealer to ISP for criminal records checks and forwarded to MPD. May include sheet number, sales person, date and time, city, serial number, make, model, caliber, purchaser's information, and signatures. Health & Welfare Referrals of suspected child abuse, Semipermanent 5 years from closure Referrals adult abuse and daycare complaints. IC§50- of referral or case. APS & Daycare 907(2)(g complaints Informant case files Records documenting information Transitory Until administrative not attached to about informants used by department. need ends crime report" personnel. Records typically include reports, correspondence, payment records, fingerprint cards, signature cards, letters of understanding on informants' activities and related records. Internal affairs files Records documenting department's Semipermanent 75 years after investigation of an officer's role in an IC§§50- employee separation incident for the purpose of evaluating 907(2)(g) and or completion of compliance with department policy 45-610; 29 CFR related litigation, and professional standards. Records 1627.3; 29 CFR whichever is longest typically include investigative 1602.31 materials (video and audio recordings, written statements, narratives, analysis),polygraph records (pre- examination records, questions, 651Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD statements of consent, analysis reports, results charts, conclusions, interviewee statements, related information), and recommended disciplinary actions, if any. Intoxilyzer 5000en, Factory and State of Idaho certificates Temporary 3 years after Draeger 9510 and for instrument; log of each person that IC§50- certificate has been LifeLoc instrument takes the breathalyzer test and 907(3)(d) and issued records verification testing. May include IDAPA suspect name, date, time, results, 11.03.01.013.06 operator name, calibration check results, simulated temperature in range, comments, etc. Intoxilyzer User certification cards and class Transitory Until administrative 5000EN,LifeLoc roster for Meridian police officers. need ends FC20, and Draeger Intoxilyzer instructor replaces with 9510 user each new certification period. certifications and class roster Local Records Local records check of police contacts Transitory 1 year after Check/ requested by OPM, FBI or military for submission to Backgrounds their employment purposes. requestor Master name index Information on individuals who are Semipermanent 100 years records field interviewed, individuals who are IC§50- arrested, suspects or accomplices in 907(2)(g) crimes, victims, complainants, and witnesses to incidents. Information typically includes name, address, date of birth, race, sex, date and time of incident or contact, case number (DR#), citation numbers and other identifying data. Multiple Firearms Background applications for multiple Transitory Immediately after Backgrounds firearm purchase requests. 18 U.S.C. § completion 922(t)(2)(C); 28 CFR§25.9(d) Parking citations Police department copy of citations Transitory 6 months after final issued for parking violations. Record disposition typically includes date and time, location of offense, vehicle license plate information, code violation number, and issuing officer. (Parking citations that are paid are sent to City Hall Finance Department. Parking citations that are unpaid and lead to court summons are sent to the City Prosecutor's office.) 66 1 Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Photo identification Records with photos used to identify Transitory Until administrative records employees,private security personnel, need ends contract workers, etc. May include photos taken for employee identification cards,prox cards, etc. Public records Written public records requests, Transitory 1 year after response requests of any and responses, records provided, and provided all records not original (unredacted)records. associated to a Major Crime DR Public records Written public records requests, IC § 50- Record to be retained requests of records responses, records provided, and 907(2)(e) based upon the associated to a original (unredacted)records retention of the Major Crime DR pertaining to a crime DR that falls original Crime DR under the Category of Crime reports file. (DRs) for Suicides, Unattended Deaths, and Major Crimes (murder, involuntary manslaughter, rape, sexual abuse of a child, terrorism). Radar equipment, Records documenting the calibration Temporary 3 years after certifications, and and maintenance of radar equipment IC§50- equipment retirement maintenance that may be useful in documenting the 907(3)(d) records accuracy of the readings. Often includes original factory certification of calibration. Information relating to maintenance and repair may include a description of the work completed, parts used, date of service, equipment number, make, model, etc. Training materials Records related to training programs Semipermanent 5 years from final provided to MPD personnel by IC§50- presentation and/or presenters including City employees, 907(2)(g) use contractors, or other presenters. May include course descriptions, instructor certifications, instructional materials, course outlines and handouts, and attendance records. Vacation watch Records documenting inspection of Transitory Until administrative forms properties when the owner/occupant is need ends away. May include name, address, date requested, vacation beginning and ending time, emergency contact information, special conditions, date and time officers check the property, etc. 671Page RECORD DESCRIPTION CATEGORY RETENTION PERIOD Victim Witness Notations and documents Semipermanent 20 years after System documenting contact with victims and IC§50- investigation closure witnesses. 907(2)(g) or disposition of case, whichever is later Written warnings Written notice provided by MPD Semipermanent 5 years officer to member of the public to IC§50- bring attention to a potential or actual 907(2)(g) violation. * Note: Where record is used for legal, training, or purposes other than those enumerated in retention period, that record shall be retained according to the retention period established for other records similarly used. ** Note: Where record is embedded with a crime report (DR), it shall be retained according to the retention period established for the crime report. 68 1 Page PUBLIC WORKS DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD All Department Records Accessibility Contractor logs, key list, and any Transitory Until administrative need Records, City- other records documenting access to ends or record is Owned Facilities City-owned buildings by authorized superseded persons. Activity Reports Daily, weekly, monthly or other Transitory Until administrative need reports documenting the activities of ends or record is Public Works Department superseded employees, including: type of activity, employees involved, time spent on activity, work completed, equipment and fuel used, reports, logs, log sheets, and related records. Administrative Clothing order spreadsheets, copies of: Transitory Until administrative need Records Accounts Payable invoices,expense ends or record is reports, leave request logs,MIP superseded Accounts Payable invoices,professional membership documents, evacuation checklists and on call yearly roster logs. Alarm Monitoring/ Reports of monitoring fire alarms, Semipermanent 5 years or until Test Results security alarms and sprinkler tests administrative need ends Reports for all relevant City-owned facilities including annual fire alarm testing, annual backflow testing, quarterly sprinkler testing in Sapphire suppression system, monthly fire pump runs, and monthly check on fire extinguishers and Sapphire. Budget Preparation Work documents utilized to build Semipermanent 20 years Records base budgets and establish yearly budgets, including vehicle replacement worksheets, enhancements, amendments and carry forward support. Confined Space A written authorization prepared Semipermanent 5 years from date issued Entry Permit prior to employee entry into a Permit Required Confined Space. The Department's permit contains specific entry space, purpose and time conditions under which the entrance will operate. Development Construction Drawings Transitory Until replaced by record Construction drawings Drawings 691Page Correspondence, Correspondence created or received Semipermanent 5 years Administrative in the course of administering City policies, procedures, or programs. Correspondence, Day-to-day office and housekeeping Transitory Until administrative need Transitory correspondence that does not contain ends unique information about City functions or programs. Customer Complaint letters, notes on phone Transitory Until administrative need Complaints calls and in person complaints from ends customers/citizens. Databases Database records created and Transitory Until administrative need maintained for the purposes of ends or record is generating reports, data files, and a superseded variety of different outputs. Department Policies Documents the formulation, Transitory Until administrative need adoption, and implementation of ends or record is internal actions/decisions. Includes: superseded Computer, Geographic Information System(GIS) Policy, Dress Code, Purchasing department policies. Departmental Department reports, performance Semipermanent 10 years Reports management presentations. Educational Records including but not limited to Transitory Until administrative need Outreach Materials educational brochures,bookmarks, ends or record is factsheets, and posters which are superseded displayed in the division and distributed at public education outreach events. Engineering Capital Engineering Capital & Enhancement Semipermanent 10 years and Enhancement Plan(ECEP)— 5-year Capital Plan (ECEP) Improvement Plan Reports. Reports Engineering Project Records including but not limited to Permanent In perpetuity File attendance for public meetings, construction drawings, meeting minutes, AVO's (Avoid Verbal Orders—Written Instructions), change orders, construction checklists, consultant reports, consultants/contractors contracts, contract addendums, council memos, daily reports, design checklists, door knockers/hangers, engineering estimates, field orders, final acceptance letters, inspection reports,Notices of Intent(NOI), Notices of Termination (NOT), Notices to Proceed (NTP),pay 70 Page applications,preconstruction agendas,preconstruction notices, preconstruction recordings, progress reports, construction punch lists, project correspondence (letters, purchase order requisitions (PO), project-related POs, QLPE (Qualified Licensed Professional Engineer) letters, record drawings (filed separately),project-related requests for information, resubmittals, submittal responses, submittals, substantial completion letters, work change directives and license agreements. Equipment Records of repair and maintenance Transitory Until administrative need Maintenance and of equipment assigned to Public ends or record is Repair Records Work, including but not limited to: superseded. generators, sewage lift pumps, water pumps, office equipment, and furniture. Records may include summaries, reports, and similar records usually compiled from daily work records on a monthly or quarterly basis. Facility Records regarding maintenance and Transitory Until administrative need Assessments, repairs of buildings and grounds ends or record is Maintenance, and owned or leased by the City superseded Repair Records including assessments of the condition of City-owned buildings, summaries, logs, reports, and similar records usually compiled from daily work records. Forms Forms created for use by Public Transitory Until administrative need Works personnel to facilitate their ends or record is work including but not limited to superseded performance review forms,project forms, staff forms, communication forms, and record retention labels. Geographic Aerial photographs of properties Permanent In perpetuity Information within the City. Systems, Digital Orthophotography Images Geographic Points, lines, attributes, and Transitory Until superseded Information polygons relating to infrastructure Systems, GIS Data that the City owns or maintains. 711 Page Geographic A visual representation of data Transitory Until administrative need Information within a particular geographical ends Systems,Maps area. Also includes maps and data provided by outside agencies including edge of pavement,parcels, roads, and others. Health and Safety Documents related to the Public Transitory Until administrative need Manual Works Department Health and ends or record is Safety Manual. superseded HR Documents Departmental employee personnel Transitory Until employment is records should be kept in the terminated; then forward to appropriate Division's file until HR employment has been terminated (involuntary or voluntary) and then the file should be sent to HR for retention. Master Plan Records that document the present Permanent In perpetuity Records and projected needs of the City for water, sewer, storm drainage, streets, bike paths, and other utility related systems. Includes an implementation schedule for construction, plans, reports, evaluations, cost analyses, drawings, and related documents containing rates, inventory evaluations, system rehabilitation or replacement, distribution of services, etc. Meeting Minutes Internal meeting agendas, minutes, Semipermanent 5 years sign-in sheets Photos,Building Photos relating to repair and Semipermanent Keep records requiring Maintenance replacement of City-owned engineering stamps 2 years equipment, material, and facilities. after life of structure. Keep all other records 10 years. Photos, Photos relating to Public Works Permanent In perpetuity Construction construction activities, infrastructure, inspection photos, etc. Photos, General Photos related to Public Works Transitory Until administrative need Department activities and other ends general use pictures. Potential Exposure Report created when personnel is Transitory Until employment is Records exposed or potentially exposed to a terminated; then forward to chemical, including SDS sheet of the HR chemical involved. Record is placed in the employee personnel record. Presentations Departmental presentations. Semipermanent 10 years 721Page Preventative Preventative maintenance schedules, Transitory Until administrative need Maintenance Work work orders. ends or record is Plans superseded. Process Documents Standard Operating Procedures, Transitory Until administrative need Instructions, Process Flowcharts, ends Workflows, Responsible Accountable Consulted Informed (RACI) Charts and Process Performance Measures. Quotes Quotes from contractors and other Transitory Until administrative need service providers. Preliminary and ends final quotes for goods and services used to conduct building repairs, maintenance, or modifications. Record Drawings - The electronic files for the revised Permanent In perpetuity Electronic Records set of drawings submitted by contractor upon completion of land development phase of a commercial, governmental, or residential project or components thereof. This includes the PDF and autocad files for the stamped record drawings, as- builts, and wiring diagrams including but not limited to water and sewer infrastructure as installed in Meridian. Record Drawings - The revised set of drawings Transitory Until administrative need Paper Records submitted by contractor upon ends completion of land development phase of a commercial, governmental, or residential project or components thereof. This includes the stamped record drawings, as-builts, including but not limited to water and sewer infrastructure as installed in Meridian. Safety Audits Health and Safety audits. Temporary 3 years after most recent audit Safety Data Sheets Safety Data Sheets (SDS). Also see Transitory Until chemical is removed (SDS) Potential Exposure Records above. or record is superseded Safety/Health and Safety and health documents Semipermanent 75 years Testing including but not limited to training, auditory testing records, respirator fit test information. Safety Meeting Topics covered and sign-up sheet for Semipermanent 5 years Agenda/Signup employees who attended the Sheets meetings. 731Page Supervisory Reports printed from Supervisory Transitory Until administrative need Control and Data Control and Data Acquisition ends or record is Acquisition Reports (SCADA) system. superseded (SCADA) Technical Manuals, Owner's manuals and warranties for Transitory Until administrative need Specifications, and City-owned vehicles and equipment. ends or record is Warranties Includes specifications, operating superseded instructions, safety information, and terms of coverage of repair or replacement of equipment. Training and Travel Records documenting attendance Semipermanent 5 years and presentation by City employees at conventions, conferences, seminars, workshops, and similar training events. Includes training requests, travel requests, training and Continuing Education Unit (CEU)tracking reports, and related correspondence. Vehicle Inspection, Maintenance records, inspection Transitory Until administrative need Maintenance, work orders for vehicles, vehicle ends or record is Repair Work mileage reports, repair records. superseded Orders, and Reports Water Rights Records related to City of Meridian Permanent In perpetuity Water Rights including, but not limited to, correspondence, agency filings, legal opinions, references. Website Public Works Department Website. Transitory Until administrative need ends or record is superseded Administration Area of Impact Records related to analysis of Semipermanent 75 years Records expansion of Public Works services into the Area of Impact such as those for Kuna, Kuna Treatment Plant, Meridian Heights Water and Sewer District, South Meridian Planning. Committee Records Agendas and meeting minutes for Semipermanent 5 years special groups convened by Public Works such as City Services Focus Group, Construction Best Management Practices Sub- Committee, Energy. Emergency Master Emergency plan records for City Semipermanent 10 years Plans Hall, Emergency Management, and Continuity of Operations. 74 Page Events, Public Records related to planning Public Semipermanent 10 years Works Works internal and external events. Newsletters Annual newsletter prepared by the Permanent In perpetuity Public Works Department. Newsletters Monthly staff newsletter. Transitory Until administrative need (Internal) ends. Organization Organization charts. Transitory Until administrative need Charts ends or record is superseded Rate/Fee Records Records related to establishing Semipermanent 20 years utility rates and fees, including calculations, research and recommendations. Resource Notebooks, Meeting Notes, To Do Transitory Until administrative need Documents/Notes Lists, employee-compiled notes or ends or record is references to assist in work superseded including non-city lawsuits. Special Projects Documents related to special or one- Semipermanent 10 years after completion time projects to include,but not limited to: Strategic Plans, Inventory Management, Project Information, Rail with Trail, Subdivisions, and Accreditation. Studies Studies related to Public Works as Transitory Until administrative need provided by consultants. ends Surveys Public Works initiated internal and Semipermanent 10 years external surveys and survey results. 751Page Capital Projects and Facilities Capital Records including but not limited to Transitory Records are kept until Improvement attendance for public meetings, project completion and then Projects for Other AVO's (Avoid Verbal Orders— turned over to appropriate Departments Written Instructions), change orders, department construction checklists, consultant reports, consultants/contractor's contracts, contract addendums, council memos, daily reports, design checklists, door knockers/hangers engineering estimates, field orders, final acceptance letters, inspection reports,Notices of Intent(NOI), Notices of Termination(NOT), Notices to Proceed, pay applications, preconstruction agendas, preconstruction notices, preconstruction recordings, progress reports, construction punchlists, project correspondence (letters, responses),project info memos, project schedules,project-related purchase order(PO)requisitions, project-related POs, QLPE (Qualified Licensed Professional Engineer) letters, record drawings (filed separately),project-related requests for information, resubmittals, submittal responses, submittals, substantial completion letters, work change directives, license agreements. Engineering Fire Flow Requests Requests from customers for fire Semipermanent 75 years flow and responses from Engineering staff based on computer modeling. Mailing Lists Project mailing list. Transitory Until project completed Reference Preliminary engineering reports, Permanent In perpetuity Documents facility plans, other studies. Sewer Modeling Requests from customers to run Semipermanent 75 years Requests sewer model for capacity and sizing and response from Engineering staff based on computer modeling. Specifications Specifications such as, but not Transitory Until administrative need limited to the City's Supplemental ends or record is Specs, Idaho Standards for Public superseded 76 1 Page Works Construction (ISPWC), and American Water Works Association (AWWA). Variance Documents, including, but not Permanent In perpetuity limited to application, associated checklist items, staff report, and Findings. Environmental Environmental Awards presented to citizens and Semipermanent 10 years Awards Records businesses in recognition of environmental contributions to the community. This includes but is not limited to award nominations, certificates, photographs, and lists of recipients. Floodplain Records of floodplain development Permanent In Perpetuity Administration including floodplain permits and floodplain certificates. Pretreatment Industrial Records related to the identification, Semipermanent Keep all records five years, Pretreatment inspections sampling,permitting, until the end of the IPDES formalized agreements and/or permit cycle, or as contracts between the City and requested by state or individual facilities within the federal agencies, whichever business and industrial sectors that is longer must comply with the federal requirements of the Environmental Protection Agency 40 CFR Part 403, General Pretreatment regulations. These records and supporting documentation typically include: Industrial waste questionnaires, permit applications,permits and fact sheets, inspection reports, Industrial user reports, monitoring data (including laboratory reports), required plans (e.g., slug control, sludge management, pollution prevention), enforcement activities, and correspondence to and from the Industrial User. Permitted Facilities Records related to permitted Semipermanent 10 years facilities, including zero discharge permits 77 Page Photos,Industrial Photos related to the identification, Semipermanent Keep all records five years, Pretreatment inspections sampling,permitting, until the end of the IPDES formalized agreements and/or permit cycle, or as contracts between the City and requested by state or individual facilities within the federal agencies, whichever business and industrial sectors that is longer must comply with the federal requirements of the Environmental Protection Agency 40 CFR Part 403, General Pretreatment regulations. Pretreatment Awards presented to businesses in Semipermanent 5 years Awards Records recognition of Best Management Practices (BMP) contributions to the Wastewater Resource Recovery Facility. This includes but is not limited to award nominations, certificates, photographs, and lists of recipients. Wastewater Air Permit All documents and reports related to Semipermanent 5 years from the date of the the Air Permit. Can include reports, monitoring sample, manuals, data, and calibration measurement, report or information. application; or from end of permit Biosolids All documents and reports related to Semipermanent 5 years,until end of the biosolids production and disposal. IPDES permit cycle, or Can include Sewer Sludge longer as requested by state Application Site Logs and Sewage or federal agencies; Sludge Management Plans. Discharge monitoring reports kept 20 years after permit expiration Discharge Records documenting effluent Semipermanent Keep discharge monitoring Monitoring Records quality discharged from the City reports 20 years after wastewater treatment facility. permit expiration. Keep all Includes permit required supporting other records 5 years,until documentation. the end of the IPDES permit cycle, or as requested by state or federal agencies, whichever is longer Equipment Records documenting the Semipermanent Keep 5 years after Maintenance & maintenance and calibration of equipment removed from Calibration Records equipment and instruments used to service, until the end of the undertake and monitor wastewater IPDES permit cycle, or as treatment operations. Useful to requested by state or verify equipment reliability and for federal agencies, or the life reference by regulatory agencies. 78 1 Page Information includes: date, type of of City Database, equipment maintained or calibrated, whichever is longer. tests performed, repairs needed, comments, and related information. Idaho Pollutant Records documenting the Semipermanent Keep all records 5 years, Discharge application for and issuance of a 40 CFR 122.41 until the end of the 1PDES Elimination System permit to the City under the Idaho permit cycle, or as (IPDES) Records Pollutant Discharge Elimination requested by state or System(IPDES)program which federal agencies, whichever allows discharge of specific is longer. pollutants under controlled conditions. Records typically include: applications, permits, addenda, modifications, and related supporting documentation. Information includes: influent and effluent limits, chemical analysis records, water flow, test and recording requirements, definitions and acronyms, compliance schedules, and related data. Reclaimed Water Includes all records related to the Semipermanent Keep for two years beyond Records (REUSE) reclaimed water permit. Can include the period of the permit, or permits, permit applications, as requested by state or manuals,plans, agreements, data federal agencies, whichever and reports. is longer. Sewer Maintenance Records documenting the Semipermanent Keep records requiring and Repair Records maintenance and repair of City engineering stamps two sewers. May include summaries, years after life of structure. reports, and similar records usually Keep other records five compiled from daily work records years or until asset is on a monthly or quarterly basis. removed from service or the administrative need ends. Sewer Smoke Test Records documenting smoke tests Semipermanent 10 years Records undertaken to verify hookup to main sewer lines, check condition of pipes, or determine effectiveness of backflow prevention devices. Information typically includes: maps or diagrams of lines tested, location of leaks detected, inspector's name, pipe size, and related information. Sewer Television/ Records from contractors Semipermanent 5 years Videoscan documenting television inspections Inspection Records used to locate problems and defects (External) in sewer lines. Often consists of, 79 Page inspections of newly constructed lines. Sewer Television/ Records documenting television Transitory Until administrative need Videoscan inspections used to locate problems ends or record is Inspection Records and defects in sewer lines. Often superseded. (Internal) consists of periodic inspections of existing lines, final inspections of newly constructed lines, and inspections at the end of warranty periods. Valve Maintenance Records documenting the location, Semipermanent Keep records requiring Records specifications, maintenance, and engineering stamps two repair of valves in the City sewer years after life of structure. system. Includes lists, charts, Keep other records five drawings, reports, logs, and related years or until asset is records, valve location, removed from service or identification number, run of pipe, the administrative need size, make, year installed, depth, ends. turns to open and normal position, narratives of valve maintenance and repair, test run,personnel completing work, dates, and related information. Wastewater Complaint letters, notes, or phone Semipermanent Keep all records five years, Customer calls and in-person complaints from until the end of the IPDES Complaint Records customers or citizens permit cycle, or as requested by state or federal agencies, whichever is longer. Wastewater Preventative maintenance schedules, Semipermanent Keep records five years or Preventative work orders until the asset is removed Maintenance Work from service or until the Plan Records period of reclaimed water permit plus two years, until the end of the IPDES Permit cycle, or as requested by state or federal agencies, or the life of City Database, whichever is longer. Water Backflow Dual A list of customers who have two Transitory Until administrative need Connection List water connection sources for ends outdoor use Backflow Surveys A survey of properties noting the Transitory Until administrative need location and type of hazard and type ends or record is of assembly superseded 801Page Backflow Tester Tester information including a copy Transitory Until administrative need Information of their license,proof of insurance, ends or record is and tester kit calibration superseded Backflow Tester A list of backflow testers with their Transitory Until administrative need List pricing ends or record is superseded Backflow Tests Backflow assemblies test report Temporary 3 years Chlorine Residuals/ A report showing sample dates and Permanent In perpetuity Compliance locations of free chlorine remaining in the City water system Construction Bacteria sample results taken for Semipermanent 5 years Samples water line/well construction Consumer Report mandated by EPA delivered Transitory Until administrative need Confidence Reports to Meridian citizens that are ends (CCR's) connected to City water Critical Water Records that identify critical water Transitory Until administrative need Users users within the City of Meridian, ends or record is such as hospitals, medical facilities, superseded schools, large corporate facilities, hotels, motels, restaurants, and the water park. This record evolves as new businesses move into Meridian and critical water users leave Meridian. Daily Chlorine Field notes from Chlorine residuals Temporary 3 years Residuals taken from various sample ports in the City water system Digline Marking Agreements between City and Semipermanent 5 years Agreement Excavators for marking facility Fire Flow Reports Actual fire flow data taken from a Semipermanent 75 years particular fire hydrant Hydrant Meter Billing documents from fire hydrant Transitory Until administrative needs Reads Spreadsheet meter readings based on water used ends for construction ISO Fire Hydrant Updates to our Insurance Evaluator Semipermanent 5 years Reports notifying them of new hydrants to Water System Leak Letters Letters that are mailed to customer Semipermanent 5 years informing customer of a possible leak are attached to the service order for leak check License Agreements Agreement between water purveyors Permanent In perpetuity (City of Meridian) and the Idaho Department of Environmental Quality(IDEA) for discharge of domestic water into U.S waterways Maximum Maximum Contaminant Level Permanent In perpetuity Contaminant Level (MCL)Violation notices. Required 811 Page (MCL) Public by Department of Environmental Notification (DEQ) Quality(DEQ)to notify the public. Meter Warranty A report on meter warranty Semipermanent 25 years Report Monitoring Waivers Sampling waivers to reduce the Permanent In perpetuity frequency of sampling Production & Repair/Maintenance history on Transitory Until superseded or Maintenance distribution&Production system administrative need ends Distribution System and all related equipment History PRV/Wells Reads Asset Management software reports Permanent In perpetuity on Pressure Reducing Valves (PRV) and Well reads Radio Licensing Licensing spreadsheets for SCADA Transitory Until administrative need radios, base station and vehicle ends or record is two/way radios, meter reading superseded infrastructure Reclaimed Water Reads from reclaimed meters based Transitory Until administrative need Read Spreadsheet on water used ends Reclaimed Water Survey reports to monitor Transitory Until administrative need Surveys compliance ends or record is superseded Safety Inspections Inspections/Reports for Gas Semipermanent 30 years Monitors, Crane, Fall Protection, and Fire Inspection Sampling Chain of Sample report form for sampling Permanent In perpetuity Custody City water for bacteria to satisfy compliance monitoring. Results are reported on separate form unless sampling is done for Bac-T. Sampling Forms for calibration and Permanent In perpetuity Equipment certification or repair of sampling Calibration/Repair equipment Sampling Sample report form for sampling the Permanent In perpetuity Results/Special/ water for compliance and Compliance noncompliance monitoring Service Orders Records including requests from Transitory Until administrative need customer, Utility Billing, or Water ends or record is Division to perform work or get a superseded read at an address as well as historical logs showing service order number Spring flush notices Flush notices mailed to customers Semipermanent 5 years (Mailers) for spring flush of water system/ Maps Subdivision Map Spreadsheet with subdivision Transitory Until administrative need Section reports number ends or record is superseded 821Page System Location Maps, Photos, hand drawings of Transitory Until administrative needs Documents Water System Components ends or record is superseded Turbidity Reports Logs used for entering wasted water Semipermanent 25 years flushed from the water system and not sold. Flush locations are listed. Water Quality information, including Nephelometer Turbidity (NTU)readings, are documented. Water Asset Records that identify asset location Transitory Until administrative need Information and manufacturer maintenance ends or record is information superseded Water Meter Water meter reports including NC Semipermanent 5 years Reports list,billing status report, autoread master route report, billing pre-scan report, re-reads, and water meter testing results, Sensus analytics, RNI Reports Water Quality Any mailed correspondence with Semipermanent 15 years Correspondence labs, customers, regulators concerning sampling Water Quality Records documenting water quality Semipermanent 25 years Master Log calls from customers Well Disconnects Documents on private well Permanent In perpetuity disconnects 831Page E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Resolution No. 22-2358: A Resolution Vacating the 6-Foot-Wide Public Utility, Drainage, and Irrigation (PUDI) Easements Platted on the Shared Lot Lines of Lots 4-5, 27-28, 29- 30, 32-33, 45-46, and 49-50, Block 1 of Rockbury North Subdivision, Being More Particularly Described in Exhibit "A", and Providing an Effective Date APPROVED ADA COUNTY RECORDER Phil McGrane 2022-097202 BOISE IDAHO Pgs=20 ANGIE STEELE 12/07/2022 08:16 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIANRESOLUTION . 22-235 Y THE CITY COUNCIL: BERNT, BORTON, CAVE , AGN, PERREAULT, STRADER A RESOLUTION VACATING THE 6-FOOT-WIDE PUBLIC UTILITY,DRAINAGE,AN IRRIGATION(PUDI)EASEMENTS PLATTED ON THE SHARED LOT LINES OF LOTS 4-5, 27-28, 29-30, 32-33, 45-46, AND 49-50, BLOCK 1 OF ROCKBURY NORTH SUBDIVISION, BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,on November 22,2022 the City Council of the City of Meridian held a hearing on the vacation of the 6-foot-wide public utility, drainage, and irrigation(PUDI) easements platted on the shared lot lines of Lots 4-5, 27-28, 29-30, 32-33, 45-46, and 49-50, Block 1 of the Rockbury North Subdivision; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That a 6-foot-long public utility, drainage, and irrigation easement that was initially established along the shared lot lines of Lots 4-5, 27-28, 29-30, 32-33, 45-46, and 49-50, Block 1 of the Rockbury North Subdivision, as fully described in Exhibit "A", is hereby vacated. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. Passed by the City Council of the City of Meridian, Idaho, this 6t' day of December, 2022. Approved by the Mayor of the City of Meridian, Idaho, this 6t' day of December, 2022. Attest: c � [D � SEAT, , Mayo t .Ro rt E. Simison Chr' Johnson, ` .... Clerk Rockbury North PUDI Easement Vacation—H-2022-0075 STATE OF IDAHO ) ) ss: County of Ada ) On this 6th day of December ,2022,before me,the undersigned,a Notary Public in and for said State, personally appeared ROBERT E. SIMISON and CHRIS JOHNSON,known to me to be the Mayor and City Clerk, respectively,of the City of Meridian,Idaho,and who executed the within instrument,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. CHARLENE WAY COMMISSION No. 67390 NOTARYPUBLICFORID NOTARY PUBLIC MY COMMISSION EXPIRE 3-28-2028 STATE OF IDAHO Gemstone No. 3 —Vacation—H-2020-0094 �Ej EXHIBIT A F X JHMH LAND SURVEYS engineering Lots 27-28 Rockbury North Subdivision Parcel 27 Partial Vacation of Easement Legal Description A strip of land 6-feet wide within a portion of Lots 27-28 as shown on the Rockbury North Subdivision, recorded in Book 117 of Plats at Pages 17775-17779, now known as Parcel P-27 as shown on the Property Boundary Adjustment—Record of Survey No. 12710, recorded as Instrument No. 2021- 013552, situate in the Southeast 114 of the Southwest 114 of Section 22, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the northwest corner of Parcel P-27 monumented by a found 1/2-inch rebar with cap stamped "PLS 8575", thence along the westerly boundary line of P-27, South 01°27'21" East, 14.81 feet; thence South 79°24'17" East, 10.23 feet to the easterly boundary of the 10-foot-wide platted front utility easement and the POINT OF BEGINNING; Thence South 79*24'17" East, 78.22 feet to the westerly boundary of the 10-foot-wide platted rear utility easement; Thence along said easement boundary, South 01°27'21" East, 6.14 feet; Thence North 79°24'17" West, 78.22 feet to the easterly boundary of the 10-foot-wide platted front utility easement; Thence along said easement boundary, North 01°27'21" West, 6.14 feet to the POINT OF BEGINNING. Containing 469 square feet more or less Refer to the attached Easement Vacation Map. Prepared by: �d s r RF Ronald M. Hodge, PLS c�, � o Survey Department Manager a 8575 0 Of M ADO RMH:tc 680 S. Progress Ave., Suite #213 • Meridian, Idaho 83642 • Tel: 208-342-7957 • Web: hmh-Ilc.com Equal Opportunity Employer EASEMENT VACATION MAP 0 40 80 SCALE: 1"=80' LEGEND 22 SUBDIVISION BOUNDARY — PARCEL LINES ,S —— PLATTED LOT LINE ------------ PLATTED EASEMENT 9 \ s zs EASEMENT VACATION - - 29 ORIGINAL LOT NUMBER - P-29 DJUSTED PARCEL NUMBER 27 s 21 C)5758 � /. P-a I l a P •2 2 p29 w 7LW]] -29 __ _ _______ I I ___O_ - P-6 1 o ► -� ------ ___ __ _ _ -�,_,. P-32 - ss W.—— BAY OAK LANE O i 32 --�__ O P33 I i -- --------� r------_I ---I-- -��'- ---��' 33 I P-51' P-50 P•49 P-49 P-47 P-46 P-45 P-44 I P-43 P-42 'I y� 40 P-391 P-30 I P-37 l 3G 35 11',1 P-34 i I I 50 49 I 46 45 I I I i j I I I I ! J L____ __J L___ , I ' 520010 Easement Vacation.dwg PDX LAND SURVEYS INC. NOTE--THIS DRAWING IS A VISUAL REFERENCE ONLY. (208)342-7957 RECORD OF SURVEY NO. 1271D LINE TAOLC CURVE TABLE CURVE TABLE InFUUment No.2021.bI3,55a LINE I DIRECTION I LENGTH CURVE RADIUSCJLENG�NGTH CH.REARING CH.LENGTH CURVE RADIUS DELTA LENGTH CH.BEARING CH.LENGTH71 L5 NET,39'•10"E 1071' CO 22].50' 5.01- S13.25'11"E 04,32' C23 tn.50' 052°UTOt" IS.iY N2U'314.96 � Min pass �� oebek�Mtnise-�� OaY01 Jonuury,2021 C19 56.50- 10ST SSB•42'44- t090 C31 227EV OU3°391I' 14.52' S03.1]'OS"E 14.52'C. 56.Stl 3205' B42°49'41'W 31.63' C32 227.6D' GOW23'50" SO- SWIVAC'E 3a]1' / �/ PAII MCGmne C21 S6fiD' 17.9T 51%'2]'A9MJ 17.90' C]] 227.5tl 011°52'22" 4].1A' 01O'26SDE9fi]' NO]26'50"E SEE' FE\ -W r1T�5 P SN• Ly�L.1 /\ 9�r1�tiJ 5 .-y °'srE 2.Ls3• SCALEI°=30' LEGEND SUBDIViSIONUCUNDANY NEW PARCEL LINE PLATTED LOT LINE ————— PLATTED EAEM T) FOUNDSrPEMR,FL0ITLSfl57T ix FOUND Ng'REBAR.REMOVED FDUND—REDAn,PL51'PLSESlS' %.Vi Orr FOUND IY4'REBnR,nE:dOVEO v � �-= IA ® FOUND COPPEn LAP E10NUMENT,"FLSI PLS857V 1. lhv recorJnV el rnls MwrJ ul SurveyJmsr,pl enabk the evmnf of 7 r W 1 �t SET Sre'REMR,PLn571C CAP'FLEIPI.Sg57V theyarcelsro carweyewnerdJp bpsedcolclyen Nignrap.nwrirren I c1, O SET U2'REMR,PLASTIC LAP I 506'3Y39'W 9fi.5tl .�r Y0. �g SE COPPER LAP MONUMEHr.TLSI PLS575" c vYance muslaccv,npany sudr clleryL•In ame,iniPlldr nerarJ I tt N ,rr^ SCwCP MANHOLE pl Survey Jpef not serve analeg,lneswlpllon lDr the properly r I .J]i -TER III I shmvn on this map. '/] 2q 2. Ferpli,—..S,aaaubl,,pl laLllilylercunmedlurure3JATA wmPliance with epPlcnble Plannin5 and ronicE erJinances anJ/ar I JJJ ul'off_'--_ �M I71� 'RotlNUY NwIIr Su¢JWislon'9uoM 11],PaLa l>7]S 11 07-2E1U 3. Thisaurrcy wns[entarlvelyepProveJWClty of Meritlian I w �� (.� gg NE'NPCLNDUHY NORTH SUBDIVI510FIPMCEL NUMOGR PEnaozo-do5a en J4nuary u,zott.m eaeN wAh u9L v6naE2 I 7$ deeds mart he nceNed an,l new tar parcel numULvg asslpneAwilhin f/1 I CXISr lLC IHG ROLKDUAY elOR1H SUBDIVISION LOT NUMBER I C u`i SOU'3239"W 96.5tl 291. _ �i M1 oure3U an rlm wiglnal Plm no len¢preairrr. _ �__ SIJe tat easemrnls rP La vacate)tMeuEg a wcarlon Pramss. 6. nc—nlmenume nl enly.11emeveJ -----I — /f`'•+ menpmcnrs are shown let rclprenm mlv. 1 I —' � I I seB°3239W' 96.:IG I I I I R J1 1 ��� sge•3Y3aw 1Dz 3A• _L�o� / 1 I CE OF SURVEYOR !!�� \aOK F J 'I,nanalJ M IPJ Sv,eY hereby,,d gnat 11 a V N6 O V / 6 s /'•!f Prolesslanal Land ury e.Rcensed d I the s,renal Dti 17,e I g IJal,o,anJ INs map has been mare)Iron an adeal a85 5 ,er.ev nmdr en the ¢rP�dp ender mr area ZD7, / Q �'pl.Wr 1b" gmenulpn,anu is an Ity—I moregemorien pl saM fi.III O,Snmrmnr IA the Cprncr Perll N.—gn lling act,stare ul Itlal,o Code 5;-1Gp7 through NARR v 7`�\-^ /'may 72OM ydl' 551613anJ to tha lEano Cotlerelming se Surreys. ATY oR 1 I yi ma wmprpor yle m adlaMdm for line,rDatLPmrrpdre mr INDEXif434-22-3-2-0-117- 17775 annrermtTmannPmerenneuralpn um,wlmnear plaued.ine nne, ,e-1 "• as :�\ PROPERTY BO A D nmw enb[g 26 rbu art vrtne LNon9ed.the mlalmmber pf loL•a¢m I� F ,hp F - ry wmo m. RDckbur�88,LLC msrmraset,and lnenlumonunrr:nen,ererenra.cu. Ill ei 31 Pae s\�'�` 5 \ Y // Lots 26 through 34,Block 1, /a / 1 ^ 0 4` // ry+5/ Rochbury North Subdivision, 1 N a / ��� Situated in the Southeast 114 OF the Southwest 114 of Seclion 22, II tl ,-A °�/ ,f� / ♦\ Township 4 North,Range 1 West,Boise Meridian, Ada County,Idaho =_ _ FOX LAND SURVEYS N09°25'45"W 45.35' —J ��„ 600#28 S.Progress Avenue,Meridian,ID 03642 / `Uri 208-342-7957-ynvw.hrnll-IICC.rR ACAD M5.FILE S2001OPSA26- R M O . _— SCALE:1'-30' DATE:Jan UOly 20'I L PSFIEET �F 1 FOX JHMH v en ineerin g g Lots 29-30 Rockbury North Subdivision Parcel 29 Partial Vacation of Easement Legal Description A strip of land 6-feet wide within a portion of Lots 29-30 as shown on the Rockbury North Subdivision, recorded in Book 117 of Plats at Pages 17775-17779, now known as Parcel P-29 as shown on the Property Boundary Adjustment— Record of Survey No. 12710, recorded as Instrument No. 2021- 013552, situate in the Southeast 114 of the Southwest 114 of Section 22, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the northwest corner of Parcel P-29 monumented by a found 1/2-inch rebar with cap stamped "PLS 8575", thence along the westerly boundary line of P-29, South 01°27'21" East, 4.82 feet; thence South 79°24'17" East, 10.23 feet to the easterly boundary of the 10-foot-wide platted front utility easement and the POINT OF BEGINNING; Thence South 79°24'17" East, 78.22 feet to the westerly boundary of the 10-foot-wide platted rear utility easement; Thence along said easement boundary, South 01°27'21" East, 6.14 feet; Thence North 79°24'17" West, 78.22 feet to the easterly boundary of the 10-foot-wide platted front utility easement; Thence along said easement boundary, North 01°27'21" West, 6.14 feet to the POINT OF BEGINNING. Containing 469 square feet more or less Refer to the attached Easement Vacation Map. Prepared by: s D s Ronald M. Hodge, PLS RF° Survey Department Manager CA: 8575 0 c1+� b�.C&'7AZ3 �0 9TF 0 F M. RMH:cc 680 S. Progress Ave., Suite #213 • Meridian, Idaho 83642 • Tel: 208-342-7957 • Web: hmh-Ilc.com Equal Opportunity Employer EASEMENT VACATION MAP 7- 040 80 SCALE 1"=80' LEGEND \ zz SUBDIVISION BOUNDARY PARCEL LINES — PLATTED LOT LINE /�< zo ------------ PLATTED EASEMENT 9A O EASEMENT VACATION zs , zD ORIGINAL LOT NUMBER �G (r �� P-2D DJU STED PARCEL NUMBER �\ \,I I "b I' P_-2 7 tSF W 4 > ✓ 28 O8575 72 1q �FW�t1 IP 11 ``\ •`�/ V° �'' I 1—__—___"__ I�„I 1r I P-2C I W � 9rF ° P.a I 77 o f Z M N� O �� j7 / i I P5 Z I- P-29 O \O `\ O O I I 3�0 (' ------------------ I --- O -- J -�- I -I 55T -I W.BAY OAK 1..ANU O / 32 `) I I I _ I _I / \• \I �______I. II I� I O II II OI O O O 11I11 O P-57 P-I0 P-48 O i P-4G P45 P-dd P-43 P-42 O O II P-50 P-47 ai aD P-39 P-38 P-37 3G � I 50 40 4G 45 I I I I I II I I I I I I I II 11 I S20010 Easement Vacation.dwg PDX LAND SURVEYS INC. NOTE:THIS DRAWING IS A VISUAL REFERENCE ONLY. (208)342-7957 RECORD OF SURVEY NO. 1271D LINE TABLE CURVE TABLE CURVE TABLE 11011ent No,21)21--613�� LINE I DIRECTION I LENGTH CURVE RADIUS DELTA I LENGTH CH.BEARING CH.LENGTH CURVE RADIUS DELTA LENGTH CH,BEARING CH,LENGTH Slaf!of Idaho,Cpunty Pf ADAss Files for record al the,eyuael11 Rllkbury B0,LW L5 N60'39'•IC'E 1R71' LA 227.50 U23'S5'GO" 95.01' S13'25'1'I-E 04.32' C23 14,50' 062-am- 1S.72' N2U°]G'10"F. 1G,06' Min.pail t1t —Cay of JanUury,2021 C19 56.SP D19'15'30" 10.99' S68`12'44'W 10.9P C31 2R.E0' OD3"352tl" 1G.52' S05'17'05'E 1G.52' C20 5G.50' °3P23'• 32.05' S42-49-47"W 31.G3• C32 227.50' WD°23'50' 33.W SOVIB-44-E 33.31• OI\ Pnil MCGrane C21 5050 OYO"13']4' 17.9T 517-27'19-W 17.W C33 227.50' 011"52'22" A7.1G' S1U'26'S0"E 47.00' 9Y IY c der Ez-011rtlo Receruer CR 56.50' 009.40'22' 9.67' NOT265VE 9G6' F60 J r t\7 / F �,�Cn 7r mer ..'J 63. SCALE:1"=30' y0 � I 2G P.x6 I LL-GLND I �� SUOmV1510N BOUNDARY I 5B0'32'39'N/9G.SP'z:���I. N:W PnDLGL UNE —TT EOLOTLINC P i ,tjs' I L4TTE—SEMEN7 F o ru rz I a H T.i2x FOUND Htl.'REBns,IT VEo�7v ryt? 17Q r` O FOVND tR"REOnR,FLLI'PL6Bli5' On FOVIVD 112 R—R.REN.CVED FOUNDCCFPERCnPMONUUENT,'FLSIPL5B57S' 1. ThVrwonlirp;althls Retortol9uwtry Jocs npt enaUle Nm owners of 7 ��_= W �n] F SET S/N'REBAR,PN5TICCAP"FLSIPLSB— theVarcJ:rpcprrvey pwnershlp bast•J.olply on misrwp.AwriNen .p'.r t 500.32'30'W 96.5U �� :ict a SET 1r2'REBAR,PLASTIC CM c 1, arT,N.ownNShilr.11.411 cart p �Y �s SET COPPEII CAP NVDNUAIENr.4L51 PLSS'IS" of SurvcY dp svnot servaasaleEal pe.Nlpllpn for mepraperly I N 1 /� nI 55 SEWER IANILICL: sMwnonmit map. •)� s�J J.� IATERMEIER 2. Loa LandSurveys, ru usmmes npliability 1pr currcntor lwu 'l p]F Itl?CURll 1lATA romnlianm svllM1 aOplicWJe PbnnlnE ant xoninC nrtlinanns awUnr ---- N 'flotlUurY Nwm 6uUJrvisb�i BwF 1r>,Paye r)70:1tm�2D10 3. �DdsrsurveYwas[entatNelY anPrweJ by GlyvlMerirlian i N v l O - ��_,. �•D-• pN NEW ROCNBURT NORTH SUE DIVISION PnRCEL NUMe[N •'bd, -DDcO—rdlll-1 3021.In vuorJ vrilM1 UOC 1]-6tll sh JeeUs mus:neretprUea and ntvv[aa nwtel numbers azslaneA wrtM1ln N c I xi O GISTIHG ROCNOURY NORTH SUBDINSICN LOT rIUrlOen nt Uea I SRB"7239W 9fi'0' 1 e, n nure .. PI.nebn _I SIJoI t oeYty<ateJU ZIN r.0 5. manumvn,are sl own lorrHprencl on 1. Y mov,u -----1 I � _==���r.:., II (:3DO I I S88'32'39"NI 96.9G' t O r �1 II 560'3239'N 102.31- d U C'GR-,r1CA'3-L•Or'S""VGY012 I,Donald M cer.HOJ Se,Oo be,1,, tify that G \\ S olsr6 Prolesslpnal L nd urve or,I ""'by U.S1.111 bl D,ye G,ynP7gv rv, d des map has been prepared I,nNn dlmw `•\ ry2o7. /J - �OI-7S'tb H p r.i:w anuv^.ao.eawm��represewauar or Bald O•s9 �\ \ ,/ 6 9G ar W sv,yey.a s'm t mrmity ynen me came,Pprpelb.bn ,Ups h l apt riling A,,Slate of Idalio code 55-a601 U UouRh Tula anew 11l teahe[oJerI—,In Euweya NARRhTNF Il 1 �i.. 0••�� ,.LV /jF rn.�Tmu—ism aJWsl melot lbesm attp:nrlmanm 1pr � * INDE%It41422-3-2-0-117-17775 hnnb.em Tp„nnpme,nnr¢prwbn man wmt wasnbNeJ.Tnp nxas w1�!; \ °A Da � PROPERTY 9OUNDARY ADJUSTMENT-RECORD OF SURVEY wweumm�29 mru m<:ered.un d.The twat nnmberof I—e¢re s 1'� \ fib, F ue�Y mo��menu.eeresw.and mp pla wpnpmenw Y,ern rempvpa. 1 °i Zr ,�y'^ Rockbury 88,LLC 1 YI J 1 % al \ // tit\// \\� Lots 26 Ihrough 34,Block 1, ® 1^ p`t // rta// �\ Rockbury North Subdivision, 1 / a / Situated in the Southeast 114 of the Southwest 1/4 of Section 22, 1 1 s r� / / �� Township 4 North,Range 1 West,Boise Meridian, Ada County.Idaho —_—_----- -------- — �5. FOX LAND SURVEYS Y'NIB n � I, 6BO R2B S.Progress Avenue,Meridian,ID 63642 g`25'45"W 45.35' \ �Y 20E-342-7857-vrvnv.hmh-Ilacom Dwc.FLLE B2DBIDPBA2B-3A nN TRC cN.RMH PLOT scnte'1:1 SCALE.1"=30' DATE:January Y02' SHEET 1 0F 1 HMH FOX LAND SURVEYS engineering Lots 32-33 Rockbury North Subdivision Parcel 33 Partial Vacation of Easement Legal Description A strip of land 6-feet wide within a portion of Cots 32-33 as shown on the Rockbury North Subdivision, recorded in Book 117 of Plats at Pages 17775-17779, now known as Parcel P-33 as shown on the Property Boundary Adjustment—Record of Survey No. 12710, recorded as Instrument No. 2021- 013552, situate in the Southeast 114 of the Southwest 114 of Section 22, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the northeasterly corner of Parcel P-33 monumented by a found 5/8-inch rebar with cap stamped "PLS 8575", thence along the southeasterly boundary line of P-33, South 44°23'21" West, 26.19 feet; thence North 56°58'43" West, 10.20 feet to the westerly boundary of the 10-foot-wide platted rear utility easement and the POINT OF BEGINNING; Thence North 56°58'43" West, 85.17 feet to the easterly boundary of the 10-foot-wide platted front utility easement; Thence along said easement boundary on the arc of a non-tangent curve to the left 6.00 feet, having a radius of 66.50 feet, a central angle of 05°10'17" and a chord bearing North 33°01'17" East, 6.00 feet; Thence South 56°58'43" East, 86.37 feet to the westerly boundary of the 10-foot-wide platted rear utility easement; Thence along said easement boundary, South 44°23'21" West, 6.12 feet to the POINT OF BEGINNING. Containing 514 square feet more or less Refer to the attached Easement Vacation Map. Prepared by: ND Ronald M. Hodge, PLS ER `s Survey Department Manager o� �� 857 o F RMH:tc q� D M W00 680 S. Progress Ave., Suite #213 • Meridian, Idaho 83642 • Tel: 208-342-7957 • Web: hmh-Ilc.com Equal Opportunity Employer m EASEMENT VACATION MAP 77 0= 40 =80 ! \ 2A \ SCALE: 111=80' \ 23 LEGEND \ 22 SUBDIVISION BOUNDARY PARCEL LINES --—— PLATTED LOT LINE ------------ PLATTED EASEMENTz5 _4 O EASEMENT VACATION 1 5� ,',SOG� - 29 ORIGINAL LOT NUMBER P-z 9 �pJUSTED PARCEL NUMBER � •'�!. �1s\)` a T/F 8 a`F74i I 28 P-2G575 12 I w I �G9�Do FNCO 1 I -� P-G \ I I H 30 I i 54 \ O W.BAY OAK LANE i 32 I I I I I 0 P-33 TIF -4G P-45P-49 b P-A3 I P-42 di 40 P-39 P-3G P-3'! I I 3G 35 1 P-34 I I I I I 1111 50 49 1 I I 41 45 I I i t I 1 1 I I I I I II 11 I I I I �_ I I -- - -- - -I----I - - ---J L-------I' ---' ---I L -- --- ----J' S20010 Easement Vacation.dwg PDX LAND SURVEYS INC. NOTE:THIS DRAWING IS A VISUAL REFERENCE ONLY. (208)342-7957 RECORD OF SURVEY NO. 1.271D LINE TABLE CURVE TABLE CURVETABLE 111111menl N0.2021-Mat;Sa LINE DIRECTION(LENGTH CURVE RADIUS DELTA LENGTH CH.BEARIFIG CH.LENGTH CURVE RADIUS DELTA ILENG'rH CH.BEARING CH.LENGTH S.I.of Idaho,Counly of AM ss It.for recoN al the reguesl al Rec W,CB,LWL5 RI00'39'•IO'E 18 Tt' --CC 227.50' U23°5v n0" 95.01' I 313'25'11"E 94.32' O23 14.50 O62'07'O1" 15.IT N9'3 4.9 26'10"E 16' II11 of JO—,2021 Odock 1.;2-D„ �Ni. am/ Ct9 SEW019'15'30" 10.99' 8E8'42'44'W 1890' C31 22].^v0' DOJ'35Za" 14.52' S03.1T05 p 1 '"E 14.52' - C20 50.50 032.3V2V 32.05 S42'49'47"W Jt.03' C212 227.50' 00B'2S5U' 33.N SOD°1B'44"E 33.31- I Phil Nk,Grane C21 5D.5O O1D'1)'J4" 17.9T 51Y'2]N9'W 1?So' CJ3 22750' 011"52'22" A/.14- Si0'2g'5VE 47.W' Y ulY Ner - Ew011tcio Re:craer C22 56.SIT D' 009'4a'22' D.fi7' NOJ'2E'S0'E 9fi6' Fea: r�� I lz" ��7F--' 4t J / p9 f / _ ,1, n SCALE:V-30' J' C�1 I 1✓D 1 01 p.25 1 LEGEND ^\ I 500'3299'W 9e50'Oc��l ___ NUBOIARLELLINE OARY \ ------__-----PLATTED LOTLIE 1 PWTTEO EASEIAENT I I TJ FOUND 5r0"RFMR,FLSI"P4605i!i FOUND Sra"R—A.REMOVED O d; O fOUh'D1d"REOAH,FLSI'PLS&6IT OR FOUNn 12 REBAR,REM.OVED , N - f—__ „`_ e 1O s� FOUND CDPPER eawAONUfA—.•PLSPl.Sa57 1. iM1 ecerJcry•ol thls RwwJ el SUlvey Jops not unaLle lM1e owners al I '� -�� IU �'UI 'N SET5'r REBAR,PLASTICCAP"FLSIPLSE5)5' tM1c yartels to catrveyawnershlp base)zdelyan Uds nraP.AwriUpn 4'r' SDO°32'J9'W 9fi.50' f.�' O SET 1/1'REO CAP ONLL CAP tkan8e h ownership.Ills Record I -�WJet M ®e SEi ER—ER CAP MONl1LIENT,TL51 PUS- -1 of Snrvry Joesnot server znn le:d dr:swl Iwlne ry J. SEWERMMIIIOLE b Pllen p,aPwLY qq// N/ATER ertiER 2 mnl.onm.S Pzsmmps nullaLigW lcrwrrem or imme _ I Y O bo W� RECUIiU DA"fA comPli iece witF aPPRorlile PUnninS ana xoning ordinances anJ/or _-- .JJ W g - _ I m�7 cReckW:tY Nwm SUWrviLon"Buoa tl],Paye tT]M;11-0T-S010 ). Tlss svrvcywu[entalvely aPPrpveJ Ly Oly of Merid'.m INNi ^v I `P26 _ _'`i`. �^ UU NE'N ROCHOURY NORTH SUBpVI51DN PnRGEL NUMCEl1 Dn�2D1U00Da on January 25.3D2L In accord zyilk UDC ll6tl0t.] deeds inuzr be recorJeJ and new lRxPincel winLcrs assigned w'4M1;n Q, y ^DU°3239W 96.5D I s� x O C-\ISTUIO ROLNCURYLIORTX SUBDIN910N LOT fIUMOCR one Ycar. /29 rigLral Plat ne longer e+izts. __I 5. SiJe lot easemems[o be vanleJ NrungM1awcatlon grocers. - _ z � al 6. N.—ions are Lstwvpncurrentmonrimmts cnly.RemevnJ 1 L'17- SBO']2'39"N/90.9G' I O t 580.3238W 102.34' / 1 W p- --_1�.+ L4 CE-1-CA-1311F SURVEYOR, 1 \rU C� p/gyE JG I,nOnold FA VIaJL'c',1.IrcrebY cwnfv Sei 32 -I.,slenal Lana Surveyor,IiccnseJ by I e 10tu IJinro,anJ tMs map has`''Ph" Iroin an actual e B 5 m,, gmpna pnaer my even i / /!�D ) N�'•�.Zlo'P zupervkluA—,nis an lyn Ih,reprezcnlNlon of sal. -_�-• G79' ' \\ 7' //^rb NG 4e 0 zurveY.Iris in[onlat.,I.Id hl11,11r1110 All 1 ti Or a,J Filing Ad,State ul ltlaho Code 5.3601 tkraugh __ v B3J��\�\ •,A y(O M,st SS1612 ana 1p the ltlaho CPae relining to Suwrys NARRATIVIR meuwpp..all vey lem aalnat nrL•col unv...awpmrnoane or \ 1 \s�, � \u / / INDEXfl4'I4-22-3-2-0-117-17775 rlitteleM TownhemecanllCurinion lM1an v.lwt was platMU.Tne lines w�L'w '�E J] �. Y/^// - hmwecnLON26[hrp94were dlanged.The toMlrvmLeroflptz wwp � PROPERTYBOUNDARY ro. reaoced by 1. 1 'q / -50, RDekburyT88,LLC Nwv monvmsms were sen anJ<he PlJ monumenuwer4 renteveJ. 11 e• O p.34 \ �` // S\ / � Lots 26 through 34,Block 1, �••1 1 ;" y1'y // rHRa/ \\� Rocltbufy North Subdivision, Situated in the SOUtheasl 1/4 of the Southwest 1/4 of Section 22, Township 4 North,Range 1 West,Boise Meridian, / Ada County,Idaho FOX LAND SURVEYS 2'45 NB "W r 600101 S.Progress Avenue,Meridian,ID 63G42 15.35' .\ 208-342-7957-YA'AN.hmh•Ilc.wm E 2 1 A2-34 K_1 1 I—E.1' 3V DATE:January 20LI __ sNEEr DF 1 6'1W FOX HMH eng ineer0 LAND SURVEYS g Lots 4-5 Partial Vacation of Easement Legal Description Rockbury North Subdivision A strip of land 6-feet wide within a portion of Lots 4-5 as shown on the Rockbury North Subdivision, recorded in Book 117 of Plats at Pages 17775-17779, situate within the Southeast 114 of the Southwest 114 of Section 22, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the northeast corner of Parcel P-6 monumented by a found 1/2-inch rebar with cap stamped "PLS 8575", thence along the easterly boundary line of P-6, North 01°27'21" West, 29.00 feet; thence South 88°32'39" West, 10.00 feet to the westerly boundary of the 10-foot-wide platted front utility easement and the POINT OF BEGINNING; Thence continuing South 88°32'39" West, 82.50 feet to the original rear boundary line of Lot 5; Thence along the original rear boundary line of Lots 5-4, North 01°27'21" West, 6.00 feet; Thence North 88032'39" East, 82.50 feet to the westerly boundary of the 10-foot-wide platted front utility easement; Thence along said easement boundary, South 01°27'21" East, 6.00 feet to the POINT OF BEGINNING. Containing 495 square feet more or less Refer to the attached Easement Vacation Map. Prepared by: Ronald M. Hodge, PLS P Np Survey Department Manager s 8575 M 0.0V - �� 9TF or \�P V(14 RMH:tc N4� 0 M 680 S. Progress Ave., Suite #213 • Meridian, Idaho 83642 • Tel: 208-342-7957 • Web: hmh-Ilc.com Equal Opportunity Employer EASEMENT VACATION MAP �'� -�C- 0 40 80 SCALE: 1"=80' LEGEND SUBDIVISION BOUNDARY — PARCEL LINES - - PLATTED LOT LINE ------------ PLATTED EASEMENT — EASEMENT VACATION - 29 ORIGINAL LOT NUMBER �G \ O r v-zs DJUSTED PARCEL NUMBER 27 is f G� `�' 'O w I P-27 ' O� G 13 ``\ / P-3 28 11 09 .Z7 12 �} �-'--- i P-28o i 2 30 J u - --' 32 ss /� W.BAY OAK LA1V OS _____I ___i___J i___ P-33 t l i P-61 P-50 P-09 I 50 F-49 P-07 P-06 P-d5 P-0d I P-03 I P-02 '141 I I 00 P-39 I P-38 I P-37 ;i 96 39 '1,1 P-30 E 1 d9 I dIt- d5 I 1 I FOX LAND SURVEYS INC.I' I S20010 Easement Vacation.dwg - NOTE:THIS DRAWING IS A VISUAL REFERENCE ONLY. (208)342-7957 RECORD OF SURVEY NO. E CURVE TABLE lnamnex Nn 2o2i- ♦,P2 Sbte o/Mano,CmiMy of ADA as n0, '// CURVE RADIUS DELTA LENGM CH.BEAflING CH.LENGTH FeeE for MpJ al Merepunl of floOmury Be,LLC J�4-JP.(t C1 1460• 11TSF59- .0.1T 54D'23'bPE 33.41' Min.ran—__o'Wck_N.Mia__ery of September,2n22 VO lC / C2 2B.54' Oa2'Ol'35 di.3b SM•3327,N 4245' 58B7ZlS'W ea:1B PNI McGrag C3 313p 034.1TST 24.eT N/Pa37aW 3101' By Depay R®Jer ExOlfim RemNn O a G to.1' 110•zbbt• 2).)6' NM•4016•E 23 fib 77 680'3P40W Faa' 2.81' s DETAIL —E. /i ♦ 1 SCALE:1-30' j/�/��/J\'�''�"J/,1/y//O J//'\'y\Yam O'/�LJ\,'P�/♦•YG.�b t�//J Py, am'J���I ,g Ia/x-II;I l--�_r or-—_�5,�_r-_O�OB_b„bT�®_®_2_-_-__'_'JI1 IJ I;I $a$�eh 1•W'yr�� `I I3 I I 1�I IL_ O'RA•OmEO®cwa.vaN°n'^ssNE�a E%L5EnurW,I^b EXwAI i^ROIGMN TOCPGunfPOAiE eEnvP '&flON - I� -P eEaCCDet1A®YePwL NU ulRIXPnoY(N.INPUHOO yM NbRUEaVMNMS1TEmO b,NMYu+saL50 sIL1OMn1uNaW s 3P)1E Detail P1DUN E.P0ss PNmC l%oE Beer Gi '� ___________= n u f1mTm N 1Waw / O W11-1LSI f.b1• — WUS IV f� ®®n F T.TPss un xasivoYeeSr.-Pss E 1 aer m $C Z IEBEE RR- `T - 1 I I r 0 E,baN PMn.aE�,4,� OGY-♦ Z I i Inb�rG,.�F•mwa .Icb Po...,co. Q1 s. I Qs ^ . / � O� ry I I See9Y39YN 946T I 1 O® i�I I; T ------------- ---------------1 ------r--T,� 2B9.D9•� \ W.RAY OAK LANELPRIVATE) Oi / /�\ \ �'�( i\/ � �L CERTIFICATE OF SURVEYOR - - - - - LRaWe M.-11 a"nereha rerely rearlm.w" W r ll:� gs 4�ts Hewes rwpman�a.. r mamma.o�e. a�w mrar w,.Yn�sssws m,,.y,ss ss.z,�e ro ro.a,o can.ee., NOTES L naaevNr apmwea bGrypl Meaaan NA R RATI V r: ae Ermu u1M rtmdedaNnextaz P.r�l�umEm mlLarcavXM1m Moro helmsnntoxrm.m,omnfor INDEM 41a22-3-2.0-117-1777S e ewK�iva a.etlrppee.nna.lna".easWnea Tne n"ea ,,,r.,;mn„-bma."Nrre�n PROPERTY BOUNDARY ADJUSTMENT-RECORD OF SURVEY s r.s."a ben,.."Lmzx�el.M,s.e,e z. n. nImena P.ua. .mwea.Tne meb.nRm�naas,eme".NxIH"eea, mwee tm,elm.�wr. RN Rmkbury 88,LLC Na.+mp�wmene.ere x..a"e ma pH mo�wme"n.m nmwee. Lots 2 through 6,Bbok 1, RorkWry North Su0divlsion, Suuated in the Southeast 114 of the Southwest 114 of Sedim 22. Township 4 Nadh,Range 1 West.Boise Meridian, Ada County,Idaho FOX LAND SURVEYS 611.112..Progress Avenue,Meridian,10 83642 208-342-79S7-www.hmh-11-om Paa S20U10PSA2-6 oA TRC a RMN Na itA1[ ]:1 n 1'=30' re Se!t—tier 2022 sx[ET 1 or 1 FOX HMH w u enineerin 1W LAND SURVEYS g g Lots 45-46 Rockbury North Subdivision Parcel 45 Partial Vacation of Easement Legal Description A strip of land 6-feet wide within a portion of Lots 45-46 as shown on the Rockbury North Subdivision, recorded in Book 117 of Plats at Pages 17775-17779, now known as Parcel P-45 as shown on the Property Boundary Adjustment—Record of Survey No. 12975, recorded as Instrument No. 2021- 103799, situate in the Southeast 114 of the Southwest 114 of Section 22, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the southwesterly corner of Parcel P-45 monumented by a found 5/8-inch rebar with cap stamped "PLS 8575", thence along the southerly boundary line of P-45, South 89°25'45" East, 17.00 feet; thence North 00°34'15" East, 10.00 feet to the southerly boundary of the 10-foot-wide platted rear utility easement and the POINT OF BEGINNING; Thence North 00'34'15" East, 97.10 feet to the northerly boundary of the 10-foot-wide platted front utility easement; Thence along said easement boundary on the arc of a non-tangent curve to the left 8.48 feet, having a radius of 73.59 feet, a central angle of 06°36'21" and subtended by a chord bearing South 44°28'06" East, 8.48 feet; Thence South 00'34'15" West, 91.11 feet to the southerly boundary of the 10-foot-wide platted rear utility easement; Thence along said easement boundary, North 89'25'45" West, 6.00 feet to the POINT OF BEGINNING. Containing 564 square feet more or less Refer to the attached Easement Vacation Map. N Prepared by: Ronald M. Hodge, PLS 8575 C) Survey Department Manager n oc('Vb'Z�za RMHAc �p 9TE of �Lq� p M ADO 680 S. Progress Ave., Suite #213 • Meridian, Idaho 83642 • Tel: 208-342-7957 • Web: hmh-Ilc.com Equal Opportunity Employer EASEMENT VACATION MAP �2 o SCALE: 1"=80' LEGEND SUBDIVISION BOUNDARY / '' z, PARCEL LINES PLATTED LOT LINE O zo 0 -- PLATTED EASEMENTF-1 9 EASEMENT VACATION z9 ORIGINAL LOT NUMBER S 17 �P2G Q ,P-z9 IDJUSTED PARCEL NUMBER .�• '��' � \,G�\ \ ,�,�// �^�` I I -' I AN / / 27 P27 Y QIG\ 6RFdrs' \ •`\ ,4 \ \�'tiA // P3 I III_; 2B CL 8575 T912 O P„ v0� Pq D /O P-29 - FI 30 CD 5s W.BAY OAK LANL' O i 3z -IP___ p_33 II l i P-51 P-50 P-49 P-4B i P-47 P-46 P-J5 P-J4 P-03 P-42 q,I 40 P-391 P-3B I P-37 i 3G 35 111111,, P-34 50 49 I I 46 45 I I I I I 1 I I I I I 11 11 ------ --1- -- - ' I---J L-------I ---J L--- 1 ,' 520010 Easement Vacation.dwg PDX LAND SURVEYS INC. NOTE:THIS DRAWING IS A VISUAL REFERENCE ONLY. (208)342-7957 RECORD OF SURVEY NO. /zp _ LINE TABLE CURVE TABLE lnsuumem No.2021- / LINE DIRECTION LENGTH CURVE MDIUB DELTA LENGTH ! 9EARIND CIi.LENGTH S1o1eolld,h,.—.Myo A. FOed lorr dal the reWBst 01 RdgoiEry 60,LLC L1 N60°Je'-0v'E 32.35' C1 10000' O14°0525" 24.69' S)T93'00'E 2453' tln.Past L oclak C/ 4ay ei July,302t L2 NGO.39'40"E 1]e' I C2 1CO.OD 025°09'AO" 43.92' Fill 9'25"E thls�— I_3 11-3d'15'F. •1.73' I C] 100.0p' CU9.34.53" 1G T2 N85'2]'O6"E 1fi.70' �, I Phil McGinn. C< 14.54' 003`<3'40" 21.24' I)'25't6'E 19.40' Oy DtPulY Rey —��A'OlOcioRercrdet- CS 835 002)'DO'39' 30.05' Ba9•pD51'E 39.II' Foe: �� CB 8359' 02a"81'2tl" 2061' SIG'GO'S5'E 2D.53 �� W.LOVL•OOOD I.ANL- s W.BAY OAK LANE(PRIVATE) Sag"25V 5'E .15 a 3� S C3 /ter' 11� R 19 Ct I 899.25'45'E 46.9P7 ]20tl I n J2.0G' 9/ s It I r C6 19.1 1 SIR 3I I n,:d — I•_ I i r 1 I I I I I n I I O O I I J I I ; ' Ili 45 I r 81 g 13• _—_--r — }} c iE 9.>J' •. v ` - 1117' � 4311' 431]' 132 pJ' — � ]2.OD J.1T I —_ —•-r���1� �w.�—rm-3 43.t7�.n • _�}. T__a_ R N89°25'45'W 410.57' -n - LDt SaBdV16gj3 R A ppGE .0 1 CGRTI FICA'CE OP SURVITYOR BASIS OP BEAMING � � 7Fb I,Renato M.MD Le,de erc4y a iiv I am a Pro es+ronal LPnJ TnoU�IO�Iswrvrywas I—Sp t,CPS c45eru11iom.proud d to lno leano melt' ss�qF d' Surveyor,IlanseJ by sne 5xale I I12D. and IM1Is mxp M1as been Dmak syskm,'IA.91 da10m.Wos1[ono.Al temin0s shown ao on Arid ailmuBr antl a:I /�, preparetl Iran an aasrRl sunev made Dn the groundDnd—ydv,, Eislances:llawn 9rvmgrounu.Rolerso lnD Jr:rein0lDr lne snedfiel:ne ondmondmnro u:vJ. a a �-I c su arvision,anJ is an accurate renresenrmio ul sald+urvey.11 hm rrII ants,M, slip Corner perpmuallDn arvJ Filing:An Slave of SCALE:V=29 ,P'�tl] r W IJnlw code 55.16ol Vve 1,SS-B612 and lD she lilalmfotlereNcing M1pvrppseTTstp aaival mp rot llne+ro aapmmoaaac for aainerem rownbwne Lr?OT3ND D.�U of`O,pG msa y M.W conG6um11en man venal waa nimee.ine Imes between tins 42111.53 were cnnnsatl.lM1c roml N SUe01VlR-U OOVNOARY gCFL yNE um4er 011ess were rcdpu. NEW PAew mennmenn swere sec and x.e Dld mmumontswere mmFwed. - F�TFED A EM W t] FOUND sra•REBAR,ns1 rtsa67s- INDE%d414-22-3-2.0-11747775 Qn FOUND SIB'REOM.RENOVED O fY RPRAR,FL61'PLSeG)5' On FOUND Pr REMR.RENOVED Nonss m ueocorrER CAP,Rs-PLRd56' RDDkbury 88,LLC i cordlna Dl rhi+neeortl of Survey does not on141e rho owrcrs olmnl,.r.els re mrney �., uND COPPER CAP.REBIWED dp nasee sore)nn lMs map.A wnNen cOnvevance muss aaomnanysuch<M1ande In SETSIO'REMR,PLASTIC CAP-P-STTi h Fero,msuryeydoea nnl:ervD as elel:xlaexoipnen tar din PaPemanpwn on or 1R'RERRR,P_I,sSTICCNP•PI.S1Wfi Lots 421ht0ugh 53,Block 1, i. rws Lanesu�evr,assunmsno la4iliry lvr nos or luiure[Dino Be wR.aMlisal:le pinmin0 �• SET 10PPER CAP,FLSI•PLSBLT5• ROCkbury Norlh Subdivision, and rnnmtlprnlrrann:a and/m resae4ens.� SilualeW Whirl the Southeast 114 of the Soulhwesl 114 of Section 22. I'llTo—ship 4 NORh,Range 1 W.V.Boise M.Iktan, SIdv I. s06egv RECORD DATA Ada County,Idaho 5. me nm are h,l—avnem n,...—ins y mo Imon—n D—h—for rNerenoo D k11T ))TS Inlyn ...r,-1.6WdrwVnw'Eee ,Po I ,11—'s 6. ThbsvmeywassemativelyappmvedbyeiRpF-1J1IM+2021OWSonJ.Iy1,2021InI,— RO NEWRDCRBMrNORTtSUOpIVI510NPARCELNVMOFR `�, FOX LAND SURVEYS Yei'hUDC ll-6FIIC.2tlevtlsmust by rnertled and newtaa PNul num4ene+signvd wuhin one O ExISTINC ROC60URY NORTI I SUnDWISION LOT—IRER �\,1 GA011265.Progress Avenue,Meridill,ID 11111 208-342-7957-www.hmh-Ilccom ACAO owO.RLF520010 PB -.a3 I DR.I KC I DR. SCALE. 1 DATE:1uy2021 ISIREi I of 1 1Wengineering FOX HMH LAND SURVEYS g g Lots 49-50 Rockbury North Subdivision Parcel 48 Partial Vacation of Easement Legal Description A strip of land 6-feet wide within a portion of Lots 49-50 as shown on the Rockbury North Subdivision, recorded in Book 117 of Plats at Pages 17775-17779, now known as Parcel P-48 as shown on the Property Boundary Adjustment—Record of Survey No. 12975, recorded as Instrument No. 2021- 103799, situate in the Southeast 114 of the Southwest 114 of Section 22, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the southwesterly corner of Parcel P-48 monumented by a found 5/8-inch rebar with cap stamped "PLS 8575", thence along the southerly boundary line of P-48, South 89°25'45" East, 16.16 feet; thence North 00°34'15" East, 10.00 feet to the southerly boundary of the 10-foot-wide platted rear utility easement and the POINT OF BEGINNING; Thence North 00°34'15" East, 78.24 feet to the northerly boundary of the 10-foot-wide platted front utility easement; Thence along said easement boundary on the arc of a non-tangent curve to the left 6.28 feet, having a radius of 110.00 feet, a central angle of 03°16'16" and subtended by a chord bearing South 72°16'28" East, 6.28 feet; Thence South 00°34'15" West, 76.39 feet to the southerly boundary of the 10-foot-wide platted rear utility easement; Thence along said easement boundary, North 89025'45" West, 6.00 feet to the POINT OF BEGINNING. Containing 464 square feet more or less Refer to the attached Easement Vacation Map. Prepared by: p D j Ronald M. Hodge, PLS Survey Department Manager 8575 Q RMH:tc 'P0, 0 f q� M NO 680 S. Progress Ave., Suite #2B • Meridian, Idaho 83642 • Tel: 208-342-7957 • Web: hmh-llc.com Equal Opportunity Employer EASEMENT VACATION MAP �m �o 77 0 0 -80 SCALE: V=801 \ 23 \ LEGEND SUBDIVISION BOUNDARY PARCEL LINES PLATTED LOT LINE ------------ PLATTED EASEMENT EASEMENT VACATION gs ' 9L ,6 z9 ORIGINAL LOT NUMBER �4�G / \ \ O P-z9 JUSTED PARCEL NUMBER `AND '' `\ ,5 '�\ \', ., /' O�i 1 27 P27 W 857 ___I I I I 26 I•r1 ,T1 ,2 � //�OOY/ F----' y.l II P-26 li W 6 W P-4 J O^^.. �. .\ \ \ '` Vim" I I � I 29 M I I P-29 q�D . r0 c" �O - P-6 \ 30I I _ I --- ss \ W.BAY OAK LA1VB O ' 32 > r_______I ___i P33 I 1 I I I I I I I I I I I I I I I I I II P-51' P-5D P-49 P46 i P_47 PQ46 P-45 P-44 I P-43 I P-42 II y,II 40 P-39I P-38 i P-37 i 36 35 `III,,I P-34 '\' 50 49 1I I 45 45 I I I I I I II,1 I IT 11 520010 Easement Vacation.dwg PDX LAND SURVEYS INC. NOTE:THIS DRAWING IS A VISUAL REFERENCE ONLY. (208)342-7957 RECORD OF SURVEY NO. I -y7S- LINETABLE CURVE TABLE: Insbumdnl No.302 1 7 _ LINE DIRECTION LENGTH CURVE RADIUS DELTA LENGTX OILpEARING CII.LENGTH Glale of IJaho,CounlyCounly o Rea for r R1 al the RVTU.I t at Rodbury pp LLC ILLN60°39'40'E 32.35' C1 IODOE C14"Os'21 2459' E77°J]'Ca'E 24.53' Min Past1oNeck-4 M P.4 1 al July,2321 L2 NOD°39'4aE 1]D' C2 1CD.00' 025'CD'd4' 43.D2' N62"492a'E 43.EE 7 L] NBO°3n'Is-_ 47S C3 tOD.00 CDVMM' 16.72 N65'2r06'E 167a � FNIMCGIF". 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TtECOXCD DATA Ada County,Idaho 3 OimYensl.nsa..C.t�men cvrtent monumenn onN Removetl menummN are sM1mvn R—f—O, •Rakbu1..IM1Scbtlrrrsim'Bo,k I I],Fag,1111°:f 1 a,np 6 Tbbsurvevwanunnrmelvappmvedbre[vo1M.ImlanrunaozLp:)Osanmbz,xo:Lba¢am ® NEVIROCepuRyNONUISUSUIVISION PARCEL NumoeR �f_.;/{ FOX LAND SURVEYS wllh UDCIF6p-6C,2eectlsmmt be rc,0tl andnew IaxIA IVIL 11b as.' 101N'"npne ��� v.ar. O .N EXISTING FOCKBURY NONT11 SuDaNNI0N LOT NUDER \VJ 11011111.Progress Avenue,Meridian,LID'1111 208-342-7D57-Lvww.hmh-Ilccam SCAOG FILE S20010 PBA 42-S3 on.TRC Cc RMH"OT SCAIC: FDNV=20' WrE:July 202111IRT I OF 1 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Resolution No. 22-2359: A Resolution of the City Council of the City of Meridian, Idaho, Setting Forth Certain Findings and Purposes to Declare Surplus Property and Authorizing the Donation of Certain Computer and Equipment to Computers for Kids and the Nyssa Police Department APPROVED DEPARTMENT E IDIAN Information Technology raa�a DEPARTMENT CONTACT CITY OF MERIDIAN Jen Robbins,Administrative Assistant PROPERTY INFORMATION FORM CITY TAG# DESCRIPTION LOCATION See Attached Computers, Printers,Switches, Projectors&Routers IT Basement Storage MODEL MANUFACTURER SERIAL/VIN# See Attached See Attached See Attached ACQUISITION DATE ORIGINAL COST VENDOR LIFESPAN See Attached See Attached See Attached PROPERTY DISPOSAL AUTHORIZATION DISPOSAL METHODS Give a brief description of how you plan on disposing the asset Auction/Sell We plan to donate these items to Computers for Kids or the Nyssa Police X Donation/Transfer Department. Trade In Discard/Recycle 1 "Please remove all identifying logos prior to disposal REASON FOR DISPOSAL OF PROPERTY Items have been decomissioned. CONDITION OF PROPERTY TO BE DISPOSED Poor 11/28/2022 Department Designee Approval Date REVIEWED By Todd Lavoie at 4:51 pm,Nov 28,2022 Finance Reviewed Date FOR FINANCE USE ONLY FA# GL Code: Resolution No.: 22-2359 Approved by Council Date: 12-6-2022 Final Disposition of Property: T:\Inventory\2022 Inventory\Asset Disposal Request Form for Finance 111722 1 of 2 Instructions for submitting Property Disposal Request: A. Department will obtain a signature for approval of Department Designee. B. Send to Finance Department(Accountant)for review and signature. C. Finance(Accountant)will return a copy of the approved form to the Department so they can proceed with disposal. *The Department will remove all identifying logos prior to disposal if applicable. *Any fixed assets that is to be disposed or sold without public notice,public sale,or at auction must be authorized by City Council resolution prior to disposal or sale. a. Finance (Accountant)will send copy of signed disposal request to Legal(Legal Services Support Manager)and Department for Resolution draft. Department will coordinate with Legal (Legal Services Support Manager);add Disposal Form and Resolution draft to next available Council Agenda using Agenda Manager Software. E. The Department will contact the auction company or donating agency to arrange pick up. F. Once the property is disposed of, Finance will note on the form the Final Disposition of Property and will delete item from the Fixed Asset Listing. Departments will note the disposition on their Inventory Listing. G. Finance and/or Department will notify Legal to remove item from insurance policy See Fixed Asset Policy for more information See Disposal Flowchart for more information T:\Inventory\2022 Inventory\Asset Disposal Request Form for Finance 111722 2 of 2 CITY OF MERIDIAN RESOLUTION NO. 22-2359 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY AND AUTHORIZING THE DONATION OF CERTAIN COMPUTER AND EQUIPMENT TO COMPUTERS FOR KIDS AND THE NYSSA POLICE DEPARTMENT. WHEREAS, it is in the best interest of the City of Meridian to declare that certain computers and equipment as attached in Exhibit"A" as surplus, as these particular items are no longer needed or used by the City of Meridian; WHEREAS,the City of Meridian's purchasing policy allows surplus City property to be donated to other agencies exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code when the value of the property in question is of nominal value, that is, valued at less than the cost of disposing of the property; WHEREAS,the cost of maintaining the computer equipment would result in the unnecessary expenditure of City funds; and WHEREAS,the City of Meridian desires to donate the coputer equipment listed in Exhibit"A" to Computers for Kids and the Nyssa Police Department, which are exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code. NOW, THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO, AS FOLLOWS: Section 1. That the Mayor and City Council hereby authorize and declare that certain computers and equipment as attached hereto as Exhibit"A" are surplus property. Section 2. That the Mayor and City Council hereby authorizes the donation of the computers and equipment listed in Exhibit"A"to Computers for Kids and the Nyssa Police Department. ADOPTED by the City Council of the City of Meridian, Idaho, this 6th day of December, 2022. APPROVED by the Mayor of the City of Meridian, Idaho, this 6th day of December, 2022. APPROVED: ATTEST: Mayor Robert E. Simison Chris Johnson, City Clerk December 2022_IT Surplus Equipment Donation to Computers for Kids and Nyssa Police Department City Tag# Description Location 109088 Desktop IT Basement Storage 109087 Desktop IT Basement Storage 160030 Desktop IT Basement Storage 150044 Desktop IT Basement Storage 150059 Desktop IT Basement Storage 109129 Desktop IT Basement Storage 170046 Desktop IT Basement Storage 170045 Desktop IT Basement Storage 160007 Desktop IT Basement Storage 150048 Desktop IT Basement Storage 150051 Desktop IT Basement Storage 170044 Desktop IT Basement Storage 150053 Desktop IT Basement Storage 150058 Desktop IT Basement Storage 170048 Desktop IT Basement Storage 150049 Desktop IT Basement Storage 150046 Desktop IT Basement Storage 170042 Desktop IT Basement Storage 150042 Desktop IT Basement Storage 180033 Desktop IT Basement Storage 180151 Desktop IT Basement Storage 190091 Desktop IT Basement Storage 180214 Desktop IT Basement Storage 180046 Desktop IT Basement Storage 180220 Desktop IT Basement Storage 180222 Desktop IT Basement Storage 180221 Desktop IT Basement Storage 180042 Desktop IT Basement Storage 180063 Desktop IT Basement Storage 150016 Printer IT Basement Storage 160172 Desktop IT Basement Storage 100660 Desktop IT Basement Storage 100661 Desktop IT Basement Storage 160029 Desktop IT Basement Storage 160031 Desktop IT Basement Storage 160135 Desktop IT Basement Storage 150052 Desktop IT Basement Storage 150060 Desktop IT Basement Storage No tag Conference Phone IT Basement Storage 259 Scanner IT Basement Storage 9045 Printer IT Basement Storage 4861 Printer IT Basement Storage 6780 Printer IT Basement Storage No tag Printer IT Basement Storage 100270 Printer IT Basement Storage 100376/06619 Printer IT Basement Storage No tag Printer IT Basement Storage 180165 Printer IT Basement Storage 160023 Desktop IT Basement Storage 150063 Desktop IT Basement Storage 150041 Desktop IT Basement Storage 150043 Desktop IT Basement Storage 160021 Desktop IT Basement Storage 160107 Desktop IT Basement Storage 160000 Desktop IT Basement Storage 160016 Desktop IT Basement Storage 160020 Desktop IT Basement Storage 160001 Desktop IT Basement Storage 109123 Desktop IT Basement Storage 109124 Desktop IT Basement Storage 180049 Desktop IT Basement Storage 160025 Desktop IT Basement Storage 160037 Desktop IT Basement Storage 160034 Desktop IT Basement Storage 160010 Desktop IT Basement Storage 150004 Desktop IT Basement Storage 160015 Desktop IT Basement Storage 160028 Desktop IT Basement Storage 180047 Desktop IT Basement Storage 180058 Desktop IT Basement Storage 150005 Desktop IT Basement Storage 160150 Desktop IT Basement Storage 150093 Desktop IT Basement Storage 170047 Desktop IT Basement Storage 150062 Desktop IT Basement Storage 160027 Desktop IT Basement Storage 160018 Desktop IT Basement Storage 150057 Desktop IT Basement Storage 160033 Desktop IT Basement Storage 160022 Desktop IT Basement Storage 160002 Desktop IT Basement Storage 160026 Desktop IT Basement Storage 160008 Desktop IT Basement Storage 160011 Desktop IT Basement Storage 160024 Desktop IT Basement Storage 160006 Desktop IT Basement Storage 150045 Desktop IT Basement Storage 170000 Desktop IT Basement Storage 170043 Desktop IT Basement Storage 160013 Desktop IT Basement Storage 160036 Desktop IT Basement Storage 160017 Desktop IT Basement Storage 150061 Desktop IT Basement Storage 160005 Desktop IT Basement Storage 160009 Desktop IT Basement Storage 160035 Desktop IT Basement Storage 100887 Desktop IT Basement Storage 100963 Desktop IT Basement Storage 100964 Desktop IT Basement Storage 109092 Server IT Basement Storage 109104 Server IT Basement Storage 109015 UPS IT Basement Storage 100919 Server IT Basement Storage 160165 SAN IT Basement Storage 300084 SAN IT Basement Storage 300112 SAN IT Basement Storage No tag SAN IT Basement Storage 100926 Appliance IT Basement Storage 100769 Appliance IT Basement Storage 300062 Firewall IT Basement Storage 109096 Firewall IT Basement Storage 180164 Appliance IT Basement Storage 100497/06563 Appliance IT Basement Storage 109095 Appliance IT Basement Storage 100407/08867 Appliance IT Basement Storage 100776 Appliance IT Basement Storage 100927 Appliance IT Basement Storage 109113 Appliance IT Basement Storage 109115 Appliance IT Basement Storage 109114 Appliance IT Basement Storage 109112 Appliance IT Basement Storage 109107 Appliance IT Basement Storage 100938 Appliance IT Basement Storage 100957 Appliance IT Basement Storage 180163 Appliance IT Basement Storage 150035 Appliance IT Basement Storage 100888 Plotter IT Basement Storage 100738 Plotter IT Basement Storage No tag Projector IT Basement Storage No tag Check scanner IT Basement Storage 170165 Wireless Router IT Basement Storage 180236 Wireless Router IT Basement Storage 180235 Wireless Router IT Basement Storage 190197 Wireless Router IT Basement Storage 190198 Wireless Router IT Basement Storage 190200 Wireless Router IT Basement Storage 170159 Wireless Router IT Basement Storage 180130 Wireless Router IT Basement Storage 190114 Wireless Router IT Basement Storage 170161 Wireless Router IT Basement Storage 170262 Wireless Router IT Basement Storage 170274 Wireless Router IT Basement Storage 170163 Wireless Router IT Basement Storage 170158 Wireless Router IT Basement Storage 180108 Wireless Router IT Basement Storage 170261 Wireless Router IT Basement Storage 180128 Wireless Router IT Basement Storage 170264 Wireless Router IT Basement Storage 170273 Wireless Router IT Basement Storage 170228 Wireless Router IT Basement Storage 170253 Wireless Router IT Basement Storage 170251 Wireless Router IT Basement Storage 180127 Wireless Router IT Basement Storage 170255 Wireless Router IT Basement Storage 170254 Wireless Router IT Basement Storage 200014 Wireless Router IT Basement Storage 200124 Wireless Router IT Basement Storage 170160 Wireless Router IT Basement Storage 200146 Wireless Router IT Basement Storage 190193 Wireless Router IT Basement Storage 170162 Wireless Router IT Basement Storage 170164 Wireless Router IT Basement Storage 170031 Laptop IT Basement Storage 160094 Laptop IT Basement Storage 160086 Laptop IT Basement Storage 160085 Laptop IT Basement Storage 160088 Laptop IT Basement Storage 160082 Laptop IT Basement Storage 160087 Laptop IT Basement Storage 160074 Laptop IT Basement Storage 160084 Laptop IT Basement Storage 160083 Laptop IT Basement Storage 160075 Laptop IT Basement Storage 160076 Laptop IT Basement Storage 160073 Laptop IT Basement Storage 160079 Laptop IT Basement Storage 109081 Laptop IT Basement Storage 7610 Laptop IT Basement Storage 170035 Laptop IT Basement Storage 170020 Laptop IT Basement Storage 170018 Laptop IT Basement Storage 170218 Laptop IT Basement Storage 170029 Laptop IT Basement Storage 170235 Laptop IT Basement Storage 170023 Laptop IT Basement Storage 170032 Laptop IT Basement Storage 170034 Laptop IT Basement Storage 170028 Laptop IT Basement Storage 160153 Laptop IT Basement Storage 160157 Laptop IT Basement Storage 170030 Laptop IT Basement Storage 170026 Laptop IT Basement Storage 160048 Laptop IT Basement Storage 160077 Laptop IT Basement Storage 160047 Laptop IT Basement Storage 160078 Laptop IT Basement Storage 160068 Laptop IT Basement Storage 160081 Laptop IT Basement Storage 160090 Laptop IT Basement Storage 170017 Laptop IT Basement Storage 170041 Laptop IT Basement Storage 160069 Laptop IT Basement Storage 160070 Laptop IT Basement Storage 170157 Laptop IT Basement Storage 150001 Laptop IT Basement Storage 150002 Laptop IT Basement Storage 160097 Laptop IT Basement Storage 170036 Laptop IT Basement Storage 170033 Laptop IT Basement Storage 170037 Laptop IT Basement Storage 160091 Laptop IT Basement Storage 160045 Laptop IT Basement Storage 160095 Laptop IT Basement Storage 160096 Laptop IT Basement Storage 160038 Laptop IT Basement Storage 160080 Laptop IT Basement Storage 160067 Laptop IT Basement Storage 160099 Laptop IT Basement Storage 150003 Laptop IT Basement Storage 160072 Laptop IT Basement Storage 170038 Laptop IT Basement Storage 160071 Laptop IT Basement Storage 170027 Laptop IT Basement Storage 160098 Laptop IT Basement Storage 170040 Laptop IT Basement Storage 160093 Laptop IT Basement Storage 170021 Laptop IT Basement Storage 170025 Laptop IT Basement Storage 160092 Laptop IT Basement Storage 170024 Laptop IT Basement Storage 170012 Tablet IT Basement Storage No tag Tablet IT Basement Storage 170004 Tablet IT Basement Storage 170010 Tablet IT Basement Storage 190040 Tablet IT Basement Storage 170263 Tablet IT Basement Storage 170009 Tablet IT Basement Storage 170006 Tablet IT Basement Storage 170013 Tablet IT Basement Storage 170014 Tablet IT Basement Storage 190052 Tablet IT Basement Storage 180019 Tablet IT Basement Storage 180278 Tablet IT Basement Storage 109062 MDT IT Basement Storage No tag Tablet IT Basement Storage 160089 Laptop IT Basement Storage 170007 Tablet IT Basement Storage 170011 Tablet IT Basement Storage 100935 Printer IT Basement Storage None Monitors x 5 IT Basement Storage 180118 MDT IT Basement Storage 180123 MDT IT Basement Storage 180124 MDT IT Basement Storage 180126 MDT IT Basement Storage 180273 MDT IT Basement Storage 190175 MDT IT Basement Storage 190176 MDT IT Basement Storage 190177 MDT IT Basement Storage 190178 MDT IT Basement Storage 190179 MDT IT Basement Storage 190180 MDT IT Basement Storage 190181 MDT IT Basement Storage 150087 Accessory IT Basement Storage 160119 Accessory IT Basement Storage 160124 Accessory IT Basement Storage 160129 Accessory IT Basement Storage 170180 Accessory IT Basement Storage 170199 Accessory IT Basement Storage 170205 Accessory IT Basement Storage Model Manufacturer Serial/VIN# Precision Tower 5810 Dell G15FP22 Precision Tower 5810 Dell G15DP22 Prodesk 600 G1 HP 2UA53931P1 Prodesk 600 G1 HP 2UA5251POS Prodesk 600 G1 HP 2UA5251PON Prodesk 600 G1 HP 2UA514206N Prodesk 600 G1 HP 2UA6372JCF Prodesk 600 G1 HP 2UA6372JCG Prodesk 600 G1 HP 2UA53931N9 Prodesk 600 G1 HP 2UA5251POQ Prodesk 600 G1 HP 2UA5251POW Prodesk 600 G1 HP 2UA6372JCL Prodesk 600 G1 HP 2UA5251PDX Prodesk 600 G1 HP 2UA5251POY Prodesk 600 G2 HP 2UA6372JCD Prodesk 600 G1 HP 2UA5251POM Prodesk 600 G1 HP 2UA5251P13 Prodesk 600 G2 HP 2UA6372JCC Prodesk 600 G1 HP 2UA5251POR Prodesk 600 G3 HP MXL741204Y Elite Desk 800 G3 SFF HP USH810L18X Envy H8 (h8-1500t) HP 2MD3100GNJ Prodesk 600 G3 HP MXL8241W74 Prodesk 600 G3 HP MXL7412052 Prodesk 600 G3 HP MXL8241W78 Prodesk 600 G3 HP MXL8241W6Y Prodesk 600 G3 HP MXL8241W79 Prodesk 600 G3 HP MXL741204L Prodesk 600 G3 HP MXL741204H LaserJet Pro MFP M476dn HP CNB8H7T2LY Custom Cues CUES, Inc WS503816 E31 Lenovo MJWCAMB E31 Lenovo MJWCANR Prodesk 600 G1 HP 2UA53931N7 Prodesk 600 G1 HP 2UA53931ND Prodesk 600 G1 HP 2UA6100VPV Prodesk 600 G1 HP 2UA5251P10 Prodesk 600 G1 HP 2UA5251POV Conference Phone Shoretel Unknown Image Formula DR-3010C Canon Unknown LaserJet 1536dnf MFP HP Unknown LaserJet 1300 HP Unknown LaserJet CM2320nf HP CNF99CSTN9 OfficeJet Pro 6230 HP Unknown LaserJet CP2025n HP CNBS110007 Color LaserJet CP2025 HP Unknown LaserJetP2015d HP Unknown Color LaserJet Pro MFP M477dn HP VNBKL414ZL Prodesk 600 G1 HP 2UA53931NF Prodesk 600 G1 HP 2UA5251P12 Prodesk 600 G1 HP 2UA5251P11 Prodesk 600 G1 HP 2UA5251POK Prodesk 600 G1 HP 2UA53931NL Prodesk 600 G1 HP 2UA5472SRD Prodesk 600 G1 HP 2UA53931N4 Prodesk 600 G1 HP 2UA53931NH Prodesk 600 G1 HP 2UA53931P5 Prodesk 600 G1 HP 2UA53931NB Precision Tower 5810 Dell CLNNB42 Precision Tower 5810 Dell CLNPB42 Prodesk 600 G3 HP MXL741205C Prodesk 600 G1 HP 2UA53931P8 Prodesk 600 G1 HP 2UA53931NM Prodesk 600 G1 HP 2UA53931N3 Prodesk 600 G1 HP 2UA53931NZ Prodesk 600 G1 HP 2UA51624BZ Prodesk 600 G1 HP 2UA53931P4 Prodesk 600 G1 HP 2UA53931NV Prodesk 600 G1 HP MXL7412053 Prodesk 600 G3 HP MXL741205K Prodesk 600 G1 HP 2UA51624BY ProDesk 600 G2 HP MXL6180ZPP ProDesk 600 G1 HP 2UA5292NS1 Prodesk 600 G2 HP 2UA6372JCH Prodesk 600 G1 HP 2UA5251POP Prodesk 600 G1 HP 2UA53931P7 Prodesk 600 G1 HP 2UA53931N2 Prodesk 600 G1 HP 2UA5251POT Prodesk 600 G1 HP 2UA53931NC Prodesk 600 G1 HP 2UA53931NT Prodesk 600 G1 HP 2UA53931NG Prodesk 600 G1 HP 2UA53931P6 Prodesk 600 G1 HP 2UA53931NS Prodesk 600 G1 HP 2UA53931NW Prodesk 600 G1 HP 2UA53931NJ Prodesk 600 G1 HP 2UA53931P3 Prodesk 600 G1 HP 2UA5251POZ Prodesk 600 G2 HP MXL63827MG Prodesk 600 G2 HP 2UA6372JCK Prodesk 600 G1 HP 2UA53931NX Prodesk 600 G1 HP 2UA53931P2 Prodesk 600 G2 HP 2UA53931NN Prodesk 600 G1 HP 2UA5251POL Prodesk 600 G1 HP 2UA53931N8 Prodesk 600 G1 HP 2UA53931PO Prodesk 600 G1 HP 2UA53931NR Prodesk 600 G1 HP 2UA4161Z5H Prodesk 600 G1 HP 2UA4321127 Prodesk 600 G1 HP 2UA4321125 PowerEdge R720 Dell 7634P22 PowerEdge R720 Dell 137SY842 UPS SU24R2XLBLP APC 4AO636P63067 PowerEdge R320 Dell WTRESXI DXi4700 Capacity Expansion 18TB Quantam DXi4701 Disk Deduplications Backup Quantam AV1436BVV00095 DXi4701 Disk Deduplications Backup Quantam AV1436BVV00093 DXi4701 Disk Deduplications Backup Quantam ShoreGear 24A ShoreTel 2AJCO91711A50E Faxfinder V. 34 Multitech 13276973 PA-500 Palo Alto 0006C104888 PA-500 Palo Alto 9401011394 ShoreGear50V ShoreTel 50VF1514D2699 ShoreGear90 ShoreTel S90J08270CCOD1 ShoreGear90 ShoreTel 90VF1426322CCC ShoreGear90 ShoreTel S90JO8240CBE20 ShoreGear90 ShoreTel S90F1208235724 ShoreGear90 ShoreTel S90J 10451947 E9 ShoreGear90 ShoreTel ShoreGear90 ShoreTel ShoreGear90 ShoreTel ShoreGear90 ShoreTel S90F14503DOCAO ShoreGear90 ShoreTel ShoreGear90 ShoreTel S90F12442834A5 ShoreGear50V ShoreTel 50VF14200321C4E ShoreGear50V ShoreTel 50VF1236282550 ShoreGear90V ShoreTel 90VF1509D1C34 DesignJetZ5400 ShoreTel CN41C4KO1P DesignJet T790 HP CN297CH028 Christie LW401 Christie Canon Image Formula CR-50 Canon HIPS-100gs-V Wireless Router Tempered Networks 1019201000C4 HIP Switch 101g-201V Tempered Networks 101c201003M HIP Switch 101g-201V Tempered Networks 101C201003130 HIP Switch 100gs-201V Tempered Networks 101C20100267 HIP Switch 100gs-201V Tempered Networks 101C201001DF HIP Switch 100gs Wireless Router Tempered Networks 101C2010026A HIP Switch 100gs Wireless Router Tempered Networks 1019201000BO HIPswitch 100E-HS-A-100E Tempered Networks 101E20100308 HIPS 100gs-V Wireless Router Tempered Networks 101C2010011C HIPS 100gs-V Wireless Router Tempered Networks 101920100084 HIPswitch 100E-HS-A-100E Tempered Networks 101E20100029 HIPswitch 100E-HS-A-100E Tempered Networks 101E20100486 HIPS-100gs-V Wireless Router Tempered Networks 1019201000B2 HIPS-100gs-V Wireless Router Tempered Networks 10192010006D HIPswitch 100E-HS-A-100E Tempered Networks 101E2010041B HIPswitch 100E-HS-A-100E Tempered Networks 101E201000913 IBR35OLPE-VZ Router CradlePoint MM1704246000360 IBR35OLPE-VZ Router CradlePoint MM160274301201 IBR35OLPE-VZ Router CradlePoint MM160274501647 IBR35OLPE-VZ Router CradlePoint MM003044261460 IBR35OLPE-VZ Router CradlePoint MM160274301290 IBR35OLPE-VZ Router CradlePoint MM160274301286 IBR35OLPE-VZ Router CradlePoint MM1704246000395 IBR35OLPE-VZ Router CradlePoint MM160274301285 IBR35OLPE-VZ Router CradlePoint MM160274301288 HIPS-100gs-V Wireless Router Tempered Networks 101C20100269 HIPS-100gs-V Wireless Router Tempered Networks 101C201001DD HIPS-100gs-V Wireless Router Tempered Networks 101920100064 HIPS-100gs-V Wireless Router Tempered Networks 101C201001F4 HIPS-100gs-V Wireless Router Tempered Networks 101C201001A1 HIPS-100gs-V Wireless Router Tempered Networks 1019201000A9 HIPS-100gs-V Wireless Router Tempered Networks 1019201000131 EliteBook 840 G3 HP 5CG639OLWX EliteBook 840 G2 HP 5CG5401LVR EliteBook 840 G2 HP 5CG5401LV4 EliteBook 840 G2 HP 5CG5401LWJ EliteBook 840 G2 HP 5CG5401ILLP EliteBook 840 G2 HP 5CG5401LSZ EliteBook 840 G2 HP 5CG5401LSN EliteBook 840 G2 HP 5CG5401LQT EliteBook 840 G2 HP 5CG5401LR9 EliteBook 840 G2 HP 5CG5401LST EliteBook 840 G2 HP 5CG5401LX9 EliteBook 840 G2 HP 5CG5401LSJ EliteBook 840 G2 HP 5CG5401LQ1 EliteBook 840 G2 HP 5CG5401LRW EliteBook 840 G2 HP 5CG44127XY XPS13 Dell D5TS002 EliteBook 840 G3 HP 5CG6390LXQ EliteBook 840 G3 HP 5CG6390TR EliteBook 840 G3 HP 5CG639LTY EliteBook 840 G3 HP 5CG7042D67 EliteBook 840 G3 HP 5CG639OLSQ EliteBook 840 G3 HP 5CG7131RLJ EliteBook 840 G3 HP 5CG6390MY6 EliteBook 840 G3 HP 5CG639OLZF EliteBook 840 G3 HP 5CG639OLVK EliteBook 840 G3 HP 5CG6390LVR EliteBook 840 G3 HP 5CG6213SQS EliteBook 840 G3 HP 5CG62612XX EliteBook 840 G3 HP 5CG639OLWK EliteBook 840 G3 HP 5CG6390MZ6 EliteBook 840 G2 HP 5CG5401LXH EliteBook 840 G2 HP 5CG5401LTV EliteBook 840 G2 HP 5CG5401LXL EliteBook 840 G2 HP 5CG5401LRD EliteBook 840 G2 HP 5CG5401LNY EliteBook 840 G2 HP 5CG5401LW2 EliteBook 840 G2 HP 5CG5401LWD EliteBook 840 G2 HP 5CG6390LV7 EliteBook 840 G2 HP 5CG6390LSD EliteBook 840 G2 HP 5CG5401LR5 EliteBook 840 G2 HP 5CG5401LQM EliteBook 840 G3 HP 5CG6524D6L ProBook 650G1 HP 5CG5163NFP ProBook 650G1 HP 5CG5163NFL EliteBook 840G2 HP 5CG5401LVK EliteBook 840G3 HP 5CG6390MYX EliteBook 840G3 HP 5CG6390LY5 EliteBook 840G3 HP 5CG639OLSX EliteBook 840G2 HP 5CG5401LRQ EliteBook 840G2 HP 5CG5401LQ8 EliteBook 840G2 HP 5CG5401LWS EliteBook 840G2 HP 5CG5401LTF EliteBook 840G2 HP 5CG5401LP5 EliteBook 840G2 HP 5CG5401LR1 EliteBook 840G2 HP 5CG5401LTH EliteBook 840G2 HP 5CG5401M46 ProBook 650G1 HP 5CG518077 EliteBook 840G2 HP 5CG5401LT4 EliteBook 840G2 HP 5CG639OLTJ EliteBook 840G2 HP 5CG5401LTN EliteBook 840G2 HP 5CG639OLTC EliteBook 840G2 HP 5CG5401M3Z EliteBook 840G3 HP 5CG6390LS7 EliteBook 840G2 HP 5CG5401LRL EliteBook 840G2 HP 5CG6390LT6 EliteBook 840G2 HP 5CG639OLVZ EliteBook 840G2 HP 5CG5401LVX EliteBook 840G3 HP 5CG6390MYO Surface Pro 4 Microsoft 4436461053 Surface Pro 4 Microsoft Unknown Surface Pro 4 Microsoft 79252354753 Surface Pro 4 Microsoft 75209561853 Surface Pro 4 Microsoft 23654182753 Surface Pro 4 Microsoft 25271470653 Surface Pro 4 Microsoft 4664161053 Surface Pro 4 Microsoft 23177160653 Surface Pro 4 Microsoft 2297161053 Surface Pro 4 Microsoft 3259261053 Surface Pro 4 Microsoft 35615105053 Surface Pro 4 Microsoft 40366284353 Surface Pro 4 Microsoft 47778272853 ToughBookCF-53 Panasonic 4ATYA58551 Surface Pro 4 HP Unknown Elite Book 840 G2 HP 5CG5401LPS Surface Pro 4 Microsoft 50010162353 Surface Pro 4 HP 6617161053 LaserJet M1212nf MFP HP CNC9B7WTGR 5 Functioning Monitors Unknown None Motion F5m Motion Computing HBJFAG000584 Motion F5m Motion Computing HBJFAG000582 Motion F5m Motion Computing HBJFAG000583 Motion F5m Motion Computing HBJFAG000580 Motion F5m Motion Computing J8JFAG000177 Motion F5m Motion Computing KlJFAG000014 Motion F5m Motion Computing KlJFAG000009 Motion F5m Motion Computing KlJFAG000013 Motion F5m Motion Computing KlJFAG000011 Motion F5m Motion Computing KlJFAG000012 Motion F5m Motion Computing KlJFAG000008 Motion F5m Motion Computing KlJFAG000010 Mobile Dock w Key Lock Motion Computing.703007000570G1C0024 Mobile Dock w Key Lock Motion Computing L703007000570FA20109 Mobile Dock w Key Lock Motion Computing L703007000570FA20120 Mobile Dock w Key Lock Motion Computing 1703007000570FAJO352 Mobile Dock w Key Lock Motion Computing f170300700570G1C0054 Mobile Dock w Key Lock Motion Computing.703007000570G1C0056 Mobile Dock w Key Lock Motion Computing.703007000570G1C0024 Acquisition Date Original Cost Vendor Lifespan Functiong of Non-Functional 11/1/2014 $4,392.38 SCW Functioning 11/1/2014 $4,392.38 SCW Functioning 10/10/2015 $973.54 VLCM Functioning 7/12/2015 $986.70 VLCM Functioning 7/12/2015 $986.70 VLCM Functioning 4/3/2015 $986.70 VLCM Functioning 10/5/2016 $802.83 VLCM Functioning 10/5/2016 $802.83 VLCM Functioning 10/10/2015 $973.54 VLCM Functioning 7/12/2015 $986.70 VLCM Functioning 7/12/2015 $986.70 VLCM Functioning 10/5/2016 $802.83 VLCM Functioning 7/12/2015 $986.70 VLCM Functioning 7/12/2015 $986.70 VLCM Functioning 10/5/2016 $802.83 VLCM Functioning 7/12/2015 $986.70 VLCM Functioning 7/12/2015 $986.70 VLCM Functioning 10/5/2016 $802.83 VLCM Functioning 7/12/2015 $986.70 VLCM Functioning 10/19/2017 $825.00 VLCM Functioning 4/11/2018 $986.70 VLCM Functioning 1/2/2019 $0.00 None Functioning 6/14/2018 $825.00 CDWG Functioning 10/19/2017 $825.00 CDWG Functioning 6/14/2018 $825.00 CDWG Functioning 6/14/2018 $825.00 CDWG Functioning 6/14/2018 $825.00 CDWG Functioning 10/19/2017 $825.00 CDWG Functioning 10/19/2017 $825.00 CDWG Functioning 9/30/2015 $400.00 SCW Functioning 9/27/2016 $4,329.00 Cues Functioning 10/1/2012 $957.00 Lenovo Functioning 10/1/2012 $957.00 Lenovo Functioning 10/10/2015 $973.54 VLCM Functioning 10/10/2015 $973.54 VLCM Functioning 3/16/2015 $802.83 VLCM Functioning 7/12/2015 $986.70 VLCM Functioning 7/12/2015 $986.70 VLCM Functioning Unknown Unknown Unknown Unknown Unknown Unknown Unknown Unknown Unknown Unknown Unknown Unknown Unknown Unknown Unknown Unknown 10/1/2010 $0 Office Max Functioning Unknown Unknown Unknown Functioning 10/1/2009 $0 Office Max Functioning Unknown Unknown Unknown Functioning Unknown Unknown Unknown Functioning 6/5/2018 $464.98 StrictlyTech Functioning 10/10/2015 $973.54 VLCM Functioning 7/12/2015 $986.70 VLCM Functioning 7/12/2015 $986.70 VLCM Functioning 7/12/2015 $986.70 VLCM Functioning 10/10/2015 $973.54 VLCM Functioning 12/15/2015 $973.54 VLCM Functioning 10/10/2015 $973.54 VLCM Functioning 10/10/2015 $973.54 VLCM Functioning 10/10/2015 $973.54 VLCM Functioning 10/11/2015 $973.54 VLCM Functioning 3/25/2015 $4,392.38 SCW Functioning 3/25/2015 $4,392.38 SCW Functioning 10/19/2017 $825.00 CDWG Functioning 10/10/2015 $973.54 VLCM Functioning 10/10/2015 $973.54 VLCM Functioning 10/10/2015 $973.54 VLCM Functioning 10/10/2015 $973.54 VLCM Functioning 5/3/2015 $986.70 VLCM Functioning 10/10/2015 $973.54 VLCM Functioning 10/10/2015 $973.54 VLCM Functioning 10/19/2017 $825.00 CDWG Functioning 10/19/2017 $825.00 CDWG Functioning 5/3/2015 $986.70 VLCM Functioning 5/11/2016 $802.83 VLCM Functioning 7/12/2015 $986.70 VLCM Functioning 10/5/2016 $802.83 VLCM Functioning 7/12/2015 $986.70 VLCM Functioning 10/10/2015 $973.54 VLCM Functioning 10/10/2015 $973.54 VLCM Functioning 7/18/2015 $986.70 VLCM Functioning 10/10/2015 $973.54 VLCM Functioning 10/10/2015 $973.54 VLCM Functioning 10/10/2015 $973.54 VLCM Functioning 10/10/2015 $973.54 VLCM Functioning 10/10/2015 $973.54 VLCM Functioning 10/10/2015 $973.54 VLCM Functioning 10/10/2015 $973.54 VLCM Functioning 10/10/2015 $973.54 VLCM Functioning 7/12/2015 $986.70 VLCM Functioning 9/29/2016 $802.83 VLCM Functioning 10/5/2016 $802.83 VLCM Functioning 10/10/2015 $973.54 VLCM Functioning 10/10/2015 $973.54 VLCM Functioning 10/10/2015 $973.54 VLCM Functioning 7/12/2015 $986.70 VLCM Functioning 10/10/2015 $973.54 VLCM Functioning 10/10/2015 $973.54 VLCM Functioning 10/10/2015 $973.54 VLCM Functioning 4/14/2014 $966.00 VLCM Functioning 7/29/2014 $966.00 VLCM Functioning 7/29/2014 $966.00 VLCM Functioning 10/24/2014 $8,553.08 Dell Functioning 2/4/2015 $10,963.55 Dell Functioning 7/15/2010 1,000.00 5CW Functioning 3/20/2013 $6,083.00 Dell Functioning 8/19/2016 $17,783.13 VLCM Functioning 10/30/2014 18,444.44 VLCM Functioning 10/30/2014 18,444.44 VLCM Functioning 10/30/2014 18,444.44 VLCM Functioning 11/1/2010 2,400.00 VLCM Functioning 9/25/2008 500.00 VLCM Functioning 4/12/2013 3,425.12 TIG Functioning 11/6/2014 4,050.00 CDWG Functioning 6/15/2015 1,555.71 VLCM Functioning 9/25/2008 2,300.00 VLCM Functioning 11/20/2014 2,355.56 VLCM Functioning 9/25/2008 2,300.00 VLCM Functioning 9/25/2008 2,300.00 VLCM Functioning 11/1/2010 2,300.00 VLCM Functioning 3/18/2015 2,283.00 VLCM Functioning 3/18/2015 2,283.00 VLCM Functioning 3/18/2015 2,283.00 VLCM Functioning 3/18/2015 2,283.00 VLCM Functioning 3/18/2015 2,283.00 VLCM Functioning 10/1/2012 2,300.00 VLCM Functioning 9/1/2014 1,000.00 VLCM Functioning 9/1/2014 1,000.00 VLCM Functioning 6/29/2015 2,355.56 VLCM Functioning 4/7/2014 5,321.25 VLCM Functioning 10/1/2012 4,480.73 VLCM Functioning Unknown Unknown 1/4/2017 1,313.54 Optiv Functioning 9/20/2018 872.56 Optiv Functioning 9/20/2018 872.56 Optiv Functioning 5/29/2019 735.00 Optiv Functioning 5/29/2019 735.00 Optiv Functioning 5/29/2019 735.00 Optiv Functioning 1/4/2017 1,313.56 Optiv Functioning 1/16/2018 1,305.92 Optiv Functioning 11/9/2018 715.93 Optiv Functioning 1/4/2017 1,313.56 Optiv Functioning 6/12/2017 1,027.79 Optiv Functioning 9/22/2017 1,027.79 Optiv Functioning 1/4/2017 1,313.56 Optiv Functioning 1/4/2017 1,313.56 Optiv Functioning 11/20/2017 1,305.92 Optiv Functioning 6/12/2017 1,027.79 Optiv Functioning 1/10/2017 450.00 CDWG Functioning 6/20/2017 450.00 CDWG Functioning 9/11/2017 450.00 CDWG Functioning 3/29/2017 450.00 CDWG Functioning 4/25/2017 450.00 CDWG Functioning 4/25/2017 450.00 CDWG Functioning 1/10/2018 450.00 CDWG Functioning 4/25/2017 450.00 CDWG Functioning 4/25/2017 450.00 CDWG Functioning 10/24/2019 735.82 Optiv Functioning 12/2/2019 735.82 Optiv Functioning 1/4/2017 1,313.56 Optiv Functioning 2/14/2019 735.82 Optiv Functioning 5/6/2019 735.00 Optiv Functioning 1/4/2017 1,313.56 Optiv Functioning 1/4/2017 1,313.56 Optiv Functioning 10/4/2016 1,436.79 VLCM Functioning 10/1/2015 1,542.00 VLCM Functioning 10/1/2015 1,542.00 VLCM Functioning 10/1/2015 1,542.00 VLCM Functioning 10/1/2015 1,542.00 VLCM Functioning 10/1/2015 1,542.00 VLCM Functioning 10/1/2015 1,542.00 VLCM Functioning 10/1/2015 1,907.20 VLCM Functioning 10/1/2015 1,542.00 VLCM Functioning 10/1/2015 1,542.00 VLCM Functioning 10/1/2015 1,907.20 VLCM Functioning 10/1/2015 1,907.20 VLCM Functioning 10/1/2015 1,907.20 VLCM Functioning 10/1/2015 1,542.00 VLCM Functioning 10/1/2014 1,550.01 VLCM Functioning 1/22/2014 1,771.01 Dell Functioning 10/4/2016 1,436.79 VLCM Functioning 10/4/2016 1,436.79 VLCM Functioning 10/4/2016 1,436.79 VLCM Functioning 2/9/2017 1,319.79 VLCM Functioning 10/4/2016 1,436.79 VLCM Functioning 4/6/2017 1,436.79 VLCM Functioning 10/4/2016 1,436.79 VLCM Functioning 10/4/2016 1,436.79 VLCM Functioning 10/4/2016 1,436.79 VLCM Functioning 10/4/2016 1,436.79 VLCM Functioning 6/3/2016 1,436.79 VLCM Functioning 7/7/2016 1,436.79 VLCM Functioning 10/4/2016 1,436.79 VLCM Functioning 10/4/2016 1,436.79 VLCM Functioning 10/1/2015 1,907.20 VLCM Functioning 10/1/2015 1,542.00 VLCM Functioning 10/1/2015 1,907.20 VLCM Functioning 10/1/2015 1,542.00 VLCM Functioning 10/1/2015 1,907.20 VLCM Functioning 10/1/2015 1,542.00 VLCM Functioning 10/1/2015 1,542.00 VLCM Functioning 10/4/2016 1,436.79 VLCM Functioning 10/4/2016 1,436.79 VLCM Functioning 10/1/2015 1,542.00 VLCM Functioning 10/1/2015 1,542.00 VLCM Functioning 1/6/2017 1,542.00 VLCM Functioning 5/14/2015 1,550.01 VLCM Functioning 5/14/2015 1,550.01 VLCM Functioning 10/1/2015 1,542.00 VLCM Functioning 10/4/2016 1,436.79 VLCM Functioning 10/4/2016 1,436.79 VLCM Functioning 10/4/2016 1,436.79 VLCM Functioning 10/1/2015 1,542.00 VLCM Functioning 10/1/2015 1,907.20 VLCM Functioning 10/1/2015 1,542.00 VLCM Functioning 10/1/2015 1,542.00 VLCM Functioning 10/1/2015 1,907.20 VLCM Functioning 10/1/2015 1,542.00 VLCM Functioning 10/1/2015 1,907.20 VLCM Functioning 10/1/2015 1,542.00 VLCM Functioning 4/28/2015 1,550.01 VLCM Functioning 10/1/2015 1,907.20 VLCM Functioning 10/4/2016 1,436.79 VLCM Functioning 10/1/2015 1,542.00 VLCM Functioning 10/4/2016 1,436.79 VLCM Functioning 10/1/2015 1,542.00 VLCM Functioning 10/4/2016 1,436.79 VLCM Functioning 10/1/2015 1,542.00 VLCM Functioning 10/4/2016 1,436.79 VLCM Functioning 10/4/2016 1,436.79 VLCM Functioning 10/1/2015 1,542.00 VLCM Functioning 10/4/2016 1,436.79 VLCM Functioning 10/5/2016 1,852.00 VLCM Functioning 10/5/2016 1,852.00 VLCM Functioning 10/5/2016 1,852.00 VLCM Functioning 10/5/2016 1,852.00 VLCM Functioning 10/1/2018 1,383.25 VLCM Functioning 5/26/2017 1,960.00 VLCM Functioning 10/5/2016 1,852.00 VLCM Functioning 10/5/2016 1,852.00 VLCM Functioning 10/5/2016 1,852.00 VLCM Functioning 10/5/2016 1,852.00 VLCM Functioning 10/1/2018 1,524.25 VLCM Functioning 10/10/2017 1,561.48 VLCM Functioning 3/5/2020 0.00 VLCM Functioning 9/29/2014 3,998.21 CDWG Functioning 10/5/2016 1,852.00 VLCM Functioning 10/1/2015 1,542.00 VLCM Functioning 10/5/2016 1,852.00 Insight Functioning 10/5/2016 1,852.00 Insight Functioning 4/17/2015 200.00 None Functioning None None None Functioning 11/29/2017 4768 CDWG Functioning 11/29/2017 4768 CDWG Functioning 11/29/2017 4768 CDWG Functioning 11/29/2017 4768 CDWG Functioning 8/22/2018 4768 CDWG Functioning 1/14/2019 4366 Zones Functioning 1/14/2019 4366 Zones Functioning 1/14/2019 4366 Zones Functioning 1/14/2019 4366 Zones Functioning 1/14/2019 4366 Zones Functioning 1/14/2019 4366 Zones Functioning 1/14/2019 4366 Zones Functioning 1/10/2017 525 CDWG Functioning 10/1/2015 503 CDWG Functioning 10/1/2015 503 CDWG Functioning 10/1/2015 503 CDWG Functioning 1/10/2017 525 CDWG Functioning 1/10/2017 525 CDWG Functioning 1/10/2017 525 CDWG Functioning 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 CIVIC BLOCK RIVER CADDIS DEVELOPMENT PROPSALUPDATE & WHERE WE STARTED TIMELINE JULY 22 2022 LateralProject and Hunter Rerun Cost Analysis for approvalsand move to CZC Zoning analysis for financing Execute full cost JULY & AUGUST solutioncontract and find Seek ways to extend NOVEMBER-OCTOBER discuss findingsMeet City/MDC to findingsContact City about cost AUGUST 7 Executed Contract COST DUE DILIGENCE $1.91M NOVEMBERAPRILCITY$500k COSTSHUNTER LATERAL LAND GROUPOPUS$1.86M PURSUIT better understand marketcompleted and explored to Numerous analysis AnalysisMultiple Cost as local/regional approvalsas well -commencement prepared for work and engineering drawings Complete Construction Hunter Lateral meetings through process7 total engagement Public Invovement executeddocuments prepared and Renderings. Multiple Legal Floor plans, Site plans, Design & Legal OUR INVESTMENT- PROPOSAL PROPOSAL reports and presented to MDC or City.City/MDC for this project, we will conduct numerous progress To ensure we are continuing to be the right partner for the PROGRESS REPORTING TO MDC postponing construction for a year as well.find a feasible path. If no financially feasible path, we recommend run options, costs, operations, management of this project to -Re HUNTER LATERAL normalizeneeds adequate time to create efficiencies and allow costs to project to a reality. Cost crisis will not be solved over night. RCD Request of one year extension to seek cost efficiencies to bring this TIME SUMMARY Less desire in market•much larger upside.Request: If solved, City will have •Penalizes both sides•Contractually Compliant •Doing everything in our power•Harsh Economic reality •Unprecedented costs• DISCUSSION & THANK YOU.QUESTIONS Award Process , contract DEC 2022BreakingGround PotentialBreakingGround Potential months5 -3Drawings, Plan ReviewApproved design, DEC 2024DEC 2023 TIMELINE months12 -6Drawings, Plan reviewApproved design, months6 months6 -2ProcessDesign, Conduct RFPdevelopment with CityDue diligence, solution Do not grant extension months12 Grant RCD extension negotiation E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Community Development: Analysis of Housing Code C� E IDIAN MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Caleb Hood, Community Development Meeting Date: November 15, 2022 Presenter: Caleb Hood Estimated Time: 30 Minutes Topic: Attainable Housing Recommended Council Action: Receive update and give Staff further direction to improve housing mix and attainability. Background: In April, Staff presented Council with several tools that could be explored by City Staff with the goal of improving housing attainability. On November 15th, Staff will provide Council with an update including a list of housing-related codes Staff is proposing to amend. These changes are primarily related to codes in the Unified Development Code (UDC)(zoning and subdivision ordinance) and the entitlement process and policies,with potential minor changes to other sections of City Code. This discussion does not include what a housing program, funding mechanisms or partnerships with for- profit developers and/or non-profit organizations could look like. There is more and more local, state and federal data and case studies available on this topic; it is ever-evolving. Earlier this year, an Urban Land Institute (ULI) Technical Assistance Panel produced a report with findings and recommendations for addressing the housing affordability challenges in Boise (https://knowledge.uli.org/-/media/files/technical-assistance-panels/2022/boise-at-a- crossroads- report.pdPrev=48fb99a78f9d49dbb9cc367b7924a68a&hash=4AA5D169EOA5A882C99EOD23B55 A61A9) Further, in July, COMPASS produced a Missing Middle Housing Typology Guidebook for the region. The COMPASS review process and the guidebook produced recommendations regarding ideal dwelling form and scale, densities and lot sizes, parking requirements and setbacks, among others. Even more recently,AARP,with the help of WGI, prepared a code audit of the UDC. They identified code sections that could be improved, focusing on affordable housing, missing middle housing and cluster development. These reports, and previous Council direction,were considered as Staff prepared the request below; the below does not include all recommendations from those efforts. Request: Staff is requesting additional feedback on the proposed next-steps in the attached table. The table includes a list of identified tools (code/policy) that Staff is proposing be amended, expanded or otherwise created. The table is set up into 3 sections. The first section includes changes Staff would move forward with relatively quickly. The second section will take more collaboration and time. And the third section includes changes that are longer term. Each effort includes coordination, but some of the changes are more complex and likely more controversial than others. As most of the changes are related to UDC Planning Staff intends to largely rely on the UDC Task Force (list of current members attached.) Code/Standard/ Summary Notes/Thoughts Staff Recommendation Policy Tier 1-Immediate Accessory or Secondary The City's UDC(Title 11- Allowing an additional dwelling unit on a lot is Move forward with additional changes to 11-4-3- Dwelling Units(ADUs) 4-3-12)allows a probably the most popular tool used by cities 12(amended in August to allow bigger units and secondary dwelling unit currently to combat the housing crunch. multiple bedrooms). (aka—guesthouse, granny flat,tiny house, Many CCR's may restrict these types of dwelling Need direction from Council and the Community carriage house, units. about parking requirements,setbacks,size caretaker unit,etc.)on limits,and owner-occupied requirement. the same property as a If an ADU is attached,could be as beneficial single-family dwelling. without much of the regulation(addition vs.new Could potentially allow"lot split"to encourage dwelling). more use and homeownership.Would require variations(or rezones)to standard dimensional standards in most cases. Small Houses The City has a minimum Fairly straight-forward change to remove Amend UDC Chapter 2 to remove minimum house size in the R-2 minimum dwelling size in all zones. house size requirements. (1,500 sf)and R-4 (1,400 sf)zoning Review construction and Building Code districts.Smaller requirements that may drive the cost to construct structures could reduce higher in residential zones and explore the overall costs to opportunities to limit that barrier by local construct a dwelling. amendment. Development Fee Reduction or waiver of If impact fees are not paid by a developer/builder, There is current Code(MCC 10-7-8)that exempts Waivers or Credits or fees typically charged to they would need to be paid by someone. affordable housing projects from police,fire and Deferrals develop.Could be parks impact fees.Could expand to other fees(eg planning,development Need to better understand what"hard"and"soft" —application and/or development review).Need review,inspection costs could be waived,credited or delayed.(Even to work with Legal and Finance(primarily)on a and/or impact fees. just delaying the collection may be an incentive to proposal for fees that could otherwise be offset develop specific dwelling types and price points.) for certain types of projects(need to define or reinforce that"affordable",non-market rate To grant may need to be decided on a case-by- projects are the eligible projects(or include other case basis by Council and not a"by right"in code. eligibility requirements)). Tier 2—Mid-term "Tiny"Homes Related,but different The term varies and means different things to Staff does not believe that the answer for than the ADU,Small different people.Most people equate a tiny home Meridian is to allow RV's to serve as dwellings on House and Missing to a small unit on wheels. residentially-zoned lots.However,there may be Middle standards, an opportunity to allow tiny home sub- definitions for City Code requires all dwellings(except communities or pods on lots/blocks within "dwelling"and manufactured/mobile homes)to be constructed existing or proposed developments. "recreational vehicle" on a foundation and connected to municipal limit what services. Need to review and maybe amend/add dwelling/vehicles definitions for dwelling,RV,tiny homes,etc.and people can live out of in how these units should be addressed R-zones. (constructed/parked)in Meridian. Density Bonuses and/or Allow additional This is a relatively common practice in other Explore how this may work with the UDC Focus Transfer of Development dwelling units for communities outside Idaho. Group.Expand group to invite other developers Rights projects that set-aside to share insight and how this works(or doesn't) housing for low- Would need to be a volunteer program,couldn't in other places. moderate income require a set-aside. families(or other groups like the elderly Is density enough(or even a good)incentive to or veterans). obtain non-market-rate housing? Density bonuses and TDRs could be addressed in a revised PUD Ordinance(see below.) Missing Middle Housing Meridian has essentially The City's Planned Unit Development(PUD) Develop changes to the UDC,likely in the PUD (duplex,tri-plex, two dominant housing ordinance is outdated.A PUD may be a way to get section,that allow and even promote more fourplex,cottage types:single-family more variety in housing stock throughout the City. housing options throughout the City.This will courts/cluster homes) detached(approx.80% need to be done thoughtfully and may dictate a of current housing Open space and amenities as well as other separate subcommittee effort. stock)and multi-family development standards and location(to jobs, (4 or more units on a parks,services,etc.)will be important to factor in A survey or similar outreach to the community single parcel; as we look at where we'd like to see higher- would help determine how best to incorporate approximately 20%.) density infill. missing middle housing in infill situations—both There is a need/market process and standards wise. for other dwelling Many communities have relaxed parking types.Zoning,including requirements and/or open space and/or amenity Review definitions for dwelling types;consider use,setbacks and standards when a developer provides the type(s) including cottages,clusters,etc. parking are limiting of housing desired.Similarly,communities have factors in where many agreed to allow more density,height or less Review schedule of use table for appropriateness can be built. parking when a project proposes to set-aside low- of dwelling types in the various R-zones and income housing units.(See Waivers or Exceptions where cottages,du,tri,quad,and multi-plex's below). may be allowed. (See Tier 3,Residential Zoning below) Waivers or Exceptions Like the City's PUD This is similar to Density Bonuses and Missing Explore and amend the UDC as appropriate to for Affordable Housing process,relief from Middle Housing in this table.A case-by-case relax specific development standards for Projects standard code negotiation would likely occur with each project as affordable dwelling units. requirements like lot standards would be difficult,but maybe not size,parking,height, impossible,to develop via PUD ordinance. frontage,density could be granted in exchange for affordable dwelling units. Tier 3—Longer Term/ Track Residential Zoning Some,typically large, In Meridian,our codes currently prevent some Maintain current standards,but track for future Districts(remove cities have removed "middle"housing types in single-family residential opportunities when/if the community desires. "single"family from dwelling type restriction districts.For example,a tri-plex is currently Not for Meridian,at least right now. some/all districts) from their code. prohibited in the R-4 district(except through a Instead,they often use PUD).Further,a multi-family development a form-based approach requires a Conditional Use Permit in most zones which largely deals with where a MF project can be built,only in the building mass and traditional neighborhood districts are MF projects location on a parcel,not principally permitted.This current process may the density or use. not be ideal for Meridian forever,but allowing multi-family as a principally permitted use in most/all residential districts does not seem to be what our community currently desires. State Code,Emerging As previously discussed, There are other"tools"out there.Housing is going Track and as appropriate support legislation that Trends and there may be to be an ongoing topic and the City needs to stay makes housing more attainable in Meridian and Opportunities additional,future tools involved in the conversation. throughout Idaho. that enable more to be done in Meridian that Stay abreast of what other communities are affects housing doing to positively affect housing and bring attainability and choice. forward Meridian-appropriate solutions. UDC FOCUS GROUP MEMBERS(Does not include City Staff) Annette Alonso Ashley Ford-Squyres Brad Miller Cornel Larson Dave Bailey Dave McKinney Dave Yorgason David Turnbull Jason Densmer Jim Conger Jon Wardle Kent Brown Laren Bailey Steve Vlassek