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CC - Letter From Kuna School District DEVCOLLC REAL ESTATE DEVELOPMENT December 5, 2022 Robbie Reno Principal Swan Falls High School KSD District Planner 208-472-9742 Re: Hadler Subdivision - Request for Donation Thank you for the chance to discuss our project. It is our understanding that the District will testify that it does not have capacity for additional students unless Blackcatl LLC makes a donation of$3,270.00 for each residential unit in the Project (estimated to equal $470,880.00). At this time Blackcatl LLC does not believe it would be appropriate to enter into a donation agreement with the Kuna School District for the following reasons: • Per the District's own information published on its website, there is capacity for additional students. The same data show a 6-year average growth rate of 1.33%. • If we make the monetary "donation,"there is no commitment by the District as to the use of funds and no way to ensure that they will be used to ensure our residents' needs are addressed. Meanwhile,the list of items that the District wants the developer to "donate" do not create more school capacity; rather,they focus on sports amenities and "deferred maintenance." They do not address new growth and do not create capacity for new students. • State law does not allow for impact fees to be charged for schools. Even if it did, none of the statutory safeguards required for impact fees are provided, including a capital improvements plan that addresses the needs of new growth, timing requirements for when fees have to be expended, and the possibility of a "proportionate share" analysis to ensure the fees paid reflect actual use. This is a de facto impact fee that is not authorized by Idaho Code. It is a special tax that affects only new homeowners. The use of funds appears to be directed to existing needs, not new capacity. It asks us to volunteer to do something that is otherwise illegal. While we support schools and we believe we understand the pressures school districts are facing,this is not the right approach and is not how the problem has been addressed in Meridian and other high- growth cities across the state. Laren Bailey, MCRP DevCo LLC 4824 W Fairveiw Ave Boise, Idaho 83706 208-899-1155 Charlene Way From:Miranda Carson Sent:Tuesday, December 6, 2022 12:18 PM To:City Clerk Subject:FW: School Agreement Attachments:Interim Capital Plan_ Needs Assessments (1).pdf; Donation Agreement -- Kuna School District.DevCo.JSH Redline.11-11-22.docx Below is the email sent to Laren from KSD and the attachments are included. Have a great day, Miranda Carson, Comprehensive Associate Coordination Planner All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. From: Laren Bailey <laren@congergroup.com> Sent: Tuesday, December 6, 2022 11:46 AM To: Miranda Carson <mcarson@meridiancity.org> Subject: Fwd: School Agreement External Sender - Please use caution with links or attachments. FYI Sent from my iPhone Begin forwarded message: From: Robbie Reno <rreno@kunaschools.org> Date: November 16, 2022 at 10:24:31 AM MST To: Laren Bailey <laren@congergroup.com> Cc: Danielle Horras <drhorras@kunaschools.org> Subject: Re: School Agreement Dear Laren, Sorry for the delay. Here is the draft donation letter along with our interim capital projects needs. Let me know if you have any questions. Take Care, On Wed, Nov 16, 2022 at 9:21 AM Laren Bailey <laren@congergroup.com> wrote: Robbie and Danielle, 1 I was just checking in to see if you have made any progress on the agreement documents for our Hadler Project. With the Holiday coming up I am worried that we will run out of time. Thank you Laren M. Bailey, MCRP, PMP DevCo, LLC Ph: (208) 336-5355 Cell: (208) 899-1155 laren@congergroup.com -- Robbie Reno Principal Swan Falls High School KSD District Planner 208-472-9742 NOTICE: THIS ELECTRONIC MESSAGE TRANSMISSION CONTAINS INFORMATION WHICH MAY BE CONFIDENTIAL OR PRIVILEGED. THE INFORMATION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL(S) OR ENTITY(IES) NAMED ABOVE. IF YOU ARE NOT THE INTENDED RECIPIENT, PLEASE BE AWARE THAT ANY DISCLOSURE, COPYING, DISTRIBUTION, OR USE OF THE CONTENTS OF THIS INFORMATION IS PROHIBITED. IF YOU HAVE RECEIVED THIS ELECTRONIC TRANSMISSION IN ERROR, PLEASE IMMEDIATELY NOTIFY THE SENDER AND DELETE THE COPY YOU RECEIVED. CONFIDENTIALITY NOTICE: This e-mail, including attachments, is intended solely for the person or entity to which it is addressed and may contain confidential and/or privileged information. Any review, dissemination, copying, printing or other use of this e-mail by persons or entities other than the addressee is prohibited. If you have received this e-mail in error, please contact the sender immediately and delete the material from your device. 2 Kuna Joint School District #3 Donor Agreement (Cash, Cash Equivalents and Personal Property) This Agreement is made on this 10 day of November, 2022, and entered into by and between DevCo , a\[n\] \[individual\]\[Idaho corporation\] Commented \[JSH1\]: I would recommend finding out the complete legal name of the company. For example, if it is (hereinafter “Donor”) and Kuna Joint School District #3 (hereinafter “District”), a political Devo LLC, we should include the LLC and instead of calling subdivision of the State of Idaho. it an Idaho corporation, we would call it an Idaho limited liability company. AGREEMENT The Donor agrees to transfer by gift or grant to the District the following (check all that apply): Cash or cash equivalents (check, stock, etc.) in the amount of $ to: District: District Restricted Capital Pproject Fund Personal Property (identify type, e.g., equipment, supplies, etc., and value: Formatted: Font: Not Italic Donor Information: Organization Name (printed): Individual Name (printed): Address: Phone Number(s): Email Address(es): Questions Related to Gift: 1. Does the gift include/require installation? (yes or no) (If yes, complete questions 2 and 3). 2. Is the installation cost included in the amount of the gift? (yes or no) If no: Who is responsible for the installation costs? What is the expected cost of installation? 3. Installation requirements (please include who will install the gift): Donor Agreement (Cash, Cash Equivalents and Personal Property) - 1 4. Are there continued/recurring costs associated with the gift? (yes or no) (If yes, complete questions 5, 6 and 7). 5. Will there be maintenance costs? (yes or no) (If yes, indicate the amount and specifics): 6. Will there be training costs? (yes or no) (If yes, indicate amount and specifics): 7. Will there be costs for additional materials? (yes or no) (If yes, indicate amount and specifics): 8. What school official(s) did you discuss this gift with? 9. What school program or activity will this gift enhance? Terms and Conditions: 1. Gift. The Donor irrevocably gives, delivers, transfers and assigns to the District all rights, title and interest in and to the property described above and understands that these assets shall become the property of the District which shall have the sole legal right to determine their disposition, except as may be otherwise set forth herein. All gifts, bequests and devises to the District are subject to acceptance by the District and shall be irrevocable once accepted by the District. 2. Administrative Provisions. Notwithstanding anything in this Agreement to the contrary, the District shall hold all donations subject to the provisions of applicable Idaho law. 3. Governing Law. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Idaho without reference to any conflict of laws provisions. 4. Authority. The undersigned representatives each certify that they are authorized by the party they represent to execute this Agreement. 5. No Representations. The Donor acknowledges that federal law and IRS guidelines apply to the gift made, that the District has not made any representations to Donor regarding the tax consequences of such gift, and that the Donor is responsible for consulting with his/her/its owns tax advisor regarding any tax consequences resulting from such gift. Donor Agreement (Cash, Cash Equivalents and Personal Property) - 2 6. Amendments. This Agreement may be amended in writing signed by both parties. Any such amendments shall be attached as an Addendum to this Agreement. 7. Developer Donations. For donations by developers to mitigate the impact of Developer’s Project upon the District's ability to provide school facilities, the following additional terms and conditions apply: 7.1 Impact. The Developer’s Project will consist of approximately 144 residential lots on 20 acres, which will impact the enrollment at \[Silver Trail, Kuna Middle School, Kuna High School and Swan Falls High School. 7.2 Voluntary Donation. Developer agrees to pay to District a donation in the amount of \[$3,270.00\] for each residential unit in the Project, estimated to equal \[$470,880.00\] based on Developer’s construction of 144 residential units. Developer acknowledges and agrees such donation is freely and voluntarily given. 7.3 Time and Manner of Payment. The donation to the District shall be paid in four (4) installments. The first installment shall occur upon the issuance of occupancy permits to twenty-five percent (25%) of the lots within the Project. In a likewise manner, subsequent installments shall occur upon the issuance of occupancy permits to each additional twenty-five percent (25%) of the total number of lots, until such donation is paid in full. 7.4 Succession of Donation Obligation. This Agreement and Developer’s rights and obligations hereunder shall be fully assignable and delegable to any assignee which takes title to the Project. The obligation to pay the donation shall be that of the Developer, and should Developer sell or convey its land or interest therein to a third party, or should Developer terminate its rights to the Project, then the obligation to pay such fee shall be that of Developer’s successors or assignees. Developer shall take all appropriate steps to notify its successors and assignees of the obligation to pay the education donation to the District. Should Developer acquire fee title to lots and then sell or convey lots prior to securing building permits, Developer covenants to District to require its successors or assignees to assume the obligation to pay the donation to the District. 7.5 District Use of Donations. The donation received by the District pursuant to this Agreement shall be used solely and only (i) to improve, renovate or expand existing facilities; (ii) construct new facilities, to mitigate enrollment growth resulting from Developer’s Project; or (iii) to purchase real property to be used as school sites. Donor Agreement (Cash, Cash Equivalents and Personal Property) - 3 Signature of Donor Date Print Name Title For District Use Approved Date Not Approved Date Signature of District Official Date Print Name Title Donor Agreement (Cash, Cash Equivalents and Personal Property) - 4 Interim Capital Plan Needs assessment Jan 2, 2022 - February 2023 Facility Needs 1. Aux gyms at Both Middle Schools: $5 million each 2. New elementary near Meridian Rd. $28 million 3. Need for replacement (k-5) elementary school in central Kuna on Ross campus. $20 million 4. Gyms at Hubbard and Indian Creek Elementary schools. $5 million each 5. Completion of Swan Falls High School: $80 million Deferred Maintenance Hubbard Elementary Roofing- 70,000 Exterior Door Hardware - 35,000 Restroom Renovation - 200,000 Fire Alarm - 125,000 Security Camera Upgrade - 10,000 Kitchen - 2,000,000 Fremont H. Teed Middle School Bleachers - 300,000 Ada Compliance -15,000 Exterior Door Hardware - 15,000 Stair handrails - 15,000 Plumbing fixtures - 40,000 Security Camera Upgrade - 15,000 Reed Elementary Roofing 260,000 Vinyl floor 50,000 HVAC 70,000 Oven (2)- 30,000 / ea Crimson Point Elementary Roofing 266,000 Oven (2)- 30,000 / ea Gym HVAC 70,000 Silver Trail Elementary Roof Repair 100,000 Oven (2)- 30,000 / ea Initial Point High School Roof Repair 100,000 Kuna Middle School: Bleachers: 300,000 New classroom furniture: 168,000 Ada Restrooms 180,000 Door Hardware 30,000 Plumbing fixture 35,000 Lighting 35,000 Remodel KMS kitchen 1.5 - 2,000,000 Kuna High School Field Turf- 1,200,000 Server room cooling - 15,000 Electrical Surge protection - 20,000 KPAC projector- 20,000 KPAC lighting - 30,000 KPAC carpet - 50,000 Combi ovens (3-4) - 30,000 ea Additional Parking: $500,00 4th Street Gym /Tech Center Roof- 260,000 Infrastructure - 200,000 Other Needs School Busses (3): 100,000 ea Big Lawn Mowers (1): 80,000 ea Small Lawn Mowers (3): 7,000 ea Maint Dept Vehicles (3): 25,000 ea Snow removal equipment - 35,000 Utility Vehicles (3): 15,000 ea Drivers Ed Vehicles (2): 20,000 ea IT infrastructure: varies Exterior Sidewalk lighting: varies by site Ovens (3): 40,000 ea Football Turf: 900,000 Baseball Field Light: 300,000 Floor Scrubbers: (3 /year) 8,000 ea Parking lot Resurfacing: 150,000 /year Parking lot repair- 150,000 /year Fencing: 50,000 /year FMS Tennis Courts: 800,000 Middle school track: 900,000 Paint for schools: 100,000 /ea