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
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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