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HomeMy WebLinkAboutItem #2 Chubbuck Development AuthorityCHUBBUCI( The urban renewal agency in the City of Chubbuck, Idaho Located in Chubbuck City Hall 290 E Linden Ave Chubbuck, ID 83202 To: Honorable Mayor and Chubbuck City Council From: Ashley Ford-Squyres, Executive Director Date: March 12, 2025 RE: New Urban Renewal District Scopes of Work/Proposed Cost -Share with the City of Chubbuck Background: In October 2024, the Urban Land Institute of Idaho provided a Technical Assistance Panel (TAP) for the CDA and the City of Chubbuck. The recommendations included creating a new urban renewal district (URD) in order to accomplish many of the goals outlined in the report. At the January 2025 CDA board meeting, the board discussed moving forward with the necessary studies to determine if a new URD is feasible and directed the Executive Director to solicit proposals. Proposals were provided by those who have had experience with the CDA and the City of Chubbuck and who have a thorough knowledge of urban renewal district creation. Proposals: What is before the board at the March 18" meeting, and before the City Council on the 19`", are two proposals that will work together, but will address different aspects within the overall urban renewal creation process. Both parties have had excellent experiences with both individuals in previous urban renewal efforts. The first proposal is from Brad Cramer of Perspective Planning. Brad will be addressing the requirements for both an eligibility report and an economic feasibility report. He has also included the boundary survey component within his proposal as this will be necessary to finalize a legal description for a new URD boundary. His proposal is for a not -to -exceed of $23,500. The second proposal is from Meghan Conrad of Elam & Burke. Meghan is an attorney who specialized in special districts such as URDs. She will assist in the authoring of the Specific Plan for the new district; creating the legal resolutions and notices; communications with the taxing entities; creation of the ordinance; and all necessary transmittals. Her proposal is a not - to -exceed of $20,000. Both consultants believe they will likely come under budget due to experience and efficiencies. In addition, both consultants will be managed by the CDA Executive Director and legal counsel. Cost -Share with the City of Chubbuck: In discussions with City staff and representatives, there appears to be a willingness to explore the idea of a cost -share with the city. The cost -share agreement will be placed on the March 18th board agenda for approval and is anticipated to be before the City Council for consideration on the 19th The agreement proposes a 50/50 cost -share with the city. In addition, the agreement would allow the city to be reimbursed by the TIF generated by the new district first. What is attached to this memo is a draft agreement that was sent to the city's legal counsel on March 12th. There may be modified versions of the agreement prior to the both entities meetings. CITY OF CHUBBUCK AND CHUBBUCK DEVELOPMENT AUTHORITY URBAN RENEWAL DISTRICT Letter of Transmission Ashley Squires Chubbuck Development Authority 290 East Linden Avenue Chubbuck, ID 83202 Dear Ms. Squires, I am pleased to provide the attached proposal to assist the Chubbuck Development Authority and City of Chubbuck in creating a new urban renewal district. The scope, schedule, and budget in the following pages includes the preparation of an eligibility report and, if the City Council so authorizes, an economic feasibility study to be included as an attachment to an urban renewal plan prepared by others. Per our email correspondence, I have also included an estimate for development of a legal description and exhibit map from a partnering engineering firm which would be included in phase 2. Although we have worked a bit together on the Legacy Park eligibility report and the ULI Technical Advisory Panel, for the benefit of the CDA board members and City Council members who do not know me I have also included a short narrative about myself and my company. There are also links to projects I have worked on at the end of this proposal. I would be honored to assist the CDA in the creation of this new district. I strongly believe in the urban renewal program as a method to encourage development in important locations in Idaho's communities. It is one of the few economic development tools available in Idaho and I am excited to help communities take full advantage of its benefits. Thank you again for the opportunity to provide this proposal and I hope we can work together on this important project. Please contact me with any questions you may have. Brad Cramer, MPA, AICP Owner Perspective Planning and Consulting 208-589-0020 brad@perspecrtive-planning.com Perspective Planning and Consulting Perspective Planning and Consulting (Perspective) is a small, Idaho -based business founded in 2023 with the mission to provide access to professional planning services to communities of any size including land use planning, comprehensive planning, zoning and subdivision code writing, urban renewal administration, grant writing, and other planning and development services. Idaho is a rapidly growing state and there are plenty of planning firms assisting Idaho's larger cities and towns, but far fewer reaching out to smaller communities who are still facing pressures from growth. Perspective seeks to provide those services to towns of any size. Perspective is currently a one-person operation, but works with partners partners in GIS, graphic design, grant writing, and community outreach. Project Team Brad Cramer, MPA, AICP Owner and Project Manager Brad is the founder and owner of Perspective Planning and Consulting and has nearly 20 years of experience in the planning field. He worked r at the City of Idaho Falls for nearly 17 years in various planning roles, including Director of Community Development Services from 2013- 2023. During his time in Idaho Falls he managed the creation of the City's most recent comprehensive plan Imagine IF, as well as several neighborhood and district plans including the Downtown Plan and South Downtown Plan (later combined into the City Core plan), and the 15t Street and Northgate Mile Area Wide Plan. Several of the plans he and his team worked on received awards, including APA -Idaho's Outstanding Plan award two different times. His projects also received recognition for excellence in community outreach. He has also worked on several significant projects in Idaho's urban renewal program including the rehabilitation of the Bonneville Hotel and development of The Broadway, both in downtown Idaho Falls. He worked to pioneer the concept of the micro -district, which has led to successful projects throughout Idaho Falls. Brad believes planning starts by listening to the people who call a place home. A planner's role is to facilitate a meaningful process that allows a community to establish its own vision, while helping them see and think about the bigger picture. Brad has spoken on planning topics at conferences throughout the state of Idaho and nationally and is recognized for his expertise in Idaho's planning statutes. Based in Idaho Falls, and a lifelong Idahoan, Brad understands the tremendous privilege it is to call Idaho home and believes in building strong communities that provide excellent places to live, work, and recreate, and reflect the good Idaho has to offer. His current work with Perspective Planning and Consulting has focused on administering urban renewal programs and reaching out to small communities to assist with planning and development codes. Project Approach and Work Plan This section breaks the project to establish a new urban renewal district into 2 main phases as summarized below. Also included in this proposal is a cost estimate from a partner engineering for the development of a plan map and legal description if the project moves forward into phase 2: 1. Eligibility Report a. Discovery b. First Draft c. Final Draft and Approval 2. Economic Feasibility Study a. Discovery b. Cash Flow Models c. First Draft d. Final Draft e. Legal Description and Exhibit Map f. Approval A detailed description of tasks is included below. This proposal seeks to build on previous work on the Legacy Park urban renewal district which will reduce some costs on Phase 1. Phase 1: Eligibility Report This phase focuses on developing an eligibility report pursuant to Idaho's urban renewal and economic development statutes. Task 1: Discovery This task focuses on gathering information about the proposed urban renewal area (URA) required to draft the eligibility report. As noted above, some of this work has already been started through the Legacy Park eligibility study. Task 1.1: Review of current plans, studies, land uses, area history, information on topography, valuation data on city and existing districts. Task 1.2: Site visit to survey and photograph the area. This proposal anticipates a maximum of two visits. Task 1.3: One interview (could be combined with a site visit or a separate, virtual meeting) with city staff to understand recent and future development activity Task 2: First Draft The first draft is primarily focused on text, although key maps are be created as well. Photo inserts and graphic design are less critical for this draft, but if time permits may be started. Task 2.1: Draft text of eligibility report. Task 2.2: Create maps for report Task 2.3: Submit to legal counsel and Chubbuck Development Authority (CDA) staff for initial review. Edit as necessary Task 2.4: CDA meeting to present initial findings Task 3: Final Draft The goal of this task is to make any necessary amendments to the report text, finalize graphic design, photos, and maps, and take the report through the required approval process. The tasks do not include work by others such as development of resolutions and review of the document. Task 3.1: Make text adjustments based on feedback and review from CDA and staff. Task 3.2: Finalize document, including design, photos, and maps. Task 3.3: Submit final draft to CDA. Attend meeting for final presentation and approval. Task 3.4: Submit approved report for City Council meeting. Attend meeting for presentation and approval. Phase 2: Economic Feasibility Study This phase is done concurrently with work by others, especially legal counsel, to develop an urban renewal plan. It assumes approval of the eligibility report from phase 1 as well as authorization by the City Council to proceed with the creation of a new urban renewal district. Though not included in the tasks, this budget portion of this proposal includes an estimate from a partnering engineering firm to develop a project area map and legal description as required by law for the urban renewal plan. Task 4: Discovery As with discovery in Phase 1, this task gathers information for analysis and report drafting. It primarily gathers tax and valuation data for the study area. It will also explore potential development projects and their valuation and potential public projects and their estimated costs. Task 4.1: Gather tax and valuation data for project area. Includes understanding recent patterns in valuations, levies, etc. Task 4.2: Meet with stakeholders to understand potential projects, costs, and future valuations. Task 5: Cash Flow Models With the data gathered in Task 4 consultant will build models to estimate future revenues, expenses, and total cash flow. Task 5.1: Build models for revenue, expenses, and total cash flow for the life of the district. Task 6: First Draft Using the information from Tasks 4 and 5, a first draft will be written and submitted for review. Task 6.1: Draft text, including analysis of cash flow models from Task 5. Task 6.2: Create any remaining maps not already developed in Phase 1. D Task 6.3: Submit draft to legal counsel, CDA staff, and City staff for review and comment. Edit as necessary Task 6.4: Submit draft to CDA for review. Attend CDA meeting to present overview. Task 7: Legal Description and Exhibit This task is required as part of a new urban renewal plan and designation of a revenue allocation area. The full scope of work is not detailed here as it will be performed by Connect Engineering, a firm Perspective partners with for survey and engineering needs. Their assumptions they used for their estimate are included below: • Scope includes a boundary description for the proposed urban renewal district • Scope also includes an exhibit map of the boundary • No record of Survey will be required • Current GIS parcel CAD linework will be provided by City or County • No field measurements will be required to complete the scope items Task 8: Final Draft and Approval This task finalizes the economic feasibility study and includes it as an attachment to the urban renewal plan prepared by legal counsel. It takes the study and plan through the approval process. Timing is dependent on work by others and the ability to schedule items for consideration with the CDA, Chubbuck Planning and Zoning Commission, and Chubbuck City Council. Task 8.1: Make text adjustments based on feedback and review from CDA and staff. Task 8.2: Finalize document. Task 8.3: Submit final draft to CDA as an attachment to the urban renewal plan. Attend meeting for final presentation and approval. Task 8.4: Submit approved report/plan for City Council meeting. Attend meeting for presentation and approval. Schedule The estimated schedule below makes the following assumptions: 1. Consultant is given a notice to proceed in March. 2. CDA is able to schedule special meetings during their non -regular meeting months 3. Consultant is able to start Phase 2 following final CDA approval of the eligibility report, rather than waiting for City Council approval. If this is not possible, extend Phase 2 out one month. 4. Includes Phase 2 contingencies for the City Council to not approve the ordinance creating the district on the first reading. Budget The budget estimates below assume costs for both the consultant and graphic designer. Graphic designer assists with maps and final layout for the eligibility report. The bill rate for the consultant is $165/hr except for travel to and from Chubbuck which is assumed at a reduced rate of $65/hour. Bill rate for graphic design is $110/hr. Estimate for task 7 was provided by Connect Engineering. A small contingency is built into each task. The totals represent a not -to - exceed amount. Invoices will be sent on a monthly basis for work completed. Task 1 $ 2,000 Task 2 $ 3,700 Task 3 $ 2,300 Phase 1 Total $ 8,000 Task4 $ 1,700 Task 5 $ 800 Task 6 $ 2,300 Task 7 $ 9,000 Task 8 $ 1,700 Phase 2 Total $ 15,500 Total Project $ 23,500 A Past Projects ft�- MEMMEMON Imagine IF Hyperlink https://www.idahofallsidaho.gov/1609/Imagine-IF Ellen Campfield Nelson Agnew:Beck Idaho Falls City Core Plan https://www.idahofallsidaho.gov/1543/City-Core-Plan Agnew:Beck aaron@agnewbeck.com Catherine Smith 111 Street/Northgate Area Wide Plan https://www.idahofallsidaho.gov/1575/Northgatelst- Street-Area-Wide-Plan City of Idaho Falls Northgate Mile Eligibility Study https://tinyurl.com/ycyp216f Elam and Burke msc@elamburke.com Snake River West Eligibility Study https://tinyurl.com/3mtpc2yp Snake River West Economic Feasibility Study https://tinyurl.com/5auzib9r Chubbuck Idaho: Gateways to Growth (Report Writer) https://knowledge.uli.org/reports/tap/2024/chubbuck- idaho-gateways-to-growth References Ellen Campfield Nelson Agnew:Beck ellen@agnewbeck.com Aaron Mondada Agnew:Beck aaron@agnewbeck.com Catherine Smith Idaho Falls Downtown Development Corporation (now with City of Idaho Falls) casmith@idahofallsidaho.gov Kerry Beutler City of Idaho Falls kbeutler@idahofalls.gov Meghan Conrad Elam and Burke msc@elamburke.com A, ATTORNEYS AT LAW Meghan S. Conrad 251 E. Front St., Ste. 300, Boise, ID 83702 T: (208) 343-5454 1 E: msc@elamburke.com www.elamburke.com March 3, 2025 Daniel Heiner, Chair Chubbuck Development Authority c/o Ashley Squyres chubbuckura@gmail.com Re: Employment of Elam & Burke Dear Chair Heiner: Thank you for considering Elam & Burke, P.A. ("Firm") to assist The Urban Renewal Agency for the City of Chubbuck also known as Chubbuck Development Authority ("CDA") on certain legal matters relating to the preparation of a new project area, including a new urban renewal plan and revenue allocation area. These terms of engagement provide the framework for our attorney-client relationship. We feel that it is best to establish these terms early to ensure we are on the same page. If there are any questions regarding these terms, please contact the firm immediately. We understand CDA has engaged Thomas J. Budget, Racine Olson, for general legal services. The Firm's scope of representation is as outlined below and the Firm will coordinate with CDA's general counsel as directed. Scope of Representation The Firm would be engaged to facilitate the preparation of an urban renewal plan through the Chubbuck City Council's final approval of the ordinance approving the plan, which includes preparation of a number of documents for the project area as set forth below: • plan approval timeline • CDA resolution to approve the eligibility report • city council resolution to approve the eligibility report and authorization to prepare an urban renewal plan • urban renewal plan • CDA resolution to approve the plan • correspondence to the city formally submitting the plan for approval March 3, 2025 Page 2 • planning and zoning resolution • public hearing publication notice • correspondence to taxing entities concerning the proposed new plan area and public hearing notice • city council ordinance approving the plan • post -ordinance adoption letters to state tax commission, county officials, and others regarding filing and recordation of documents • post -ordinance adoption letters to the taxing entities The above scope of work does not include preparation of the eligibility report; however, we would expect to review and provide any comments on the document prior to approval. We understand CDA intends to or has retained Brad Cramer, Perspective Planning & Consulting for the eligibility review and to draft the related report. Typically, the independent consultant would also be able to prepare the necessary attachments to the plan referred to as the financial/economic feasibility study, which includes a review of the proposed project costs, anticipated revenue projections, and a conclusion that any proposed project or scope of work is financially feasible. We would also expect to review and provide comments on the economici feasibility study. Additionally, the above scope of work does not include retention of a surveyor or engineer to prepare the necessary map and legal description. We further understand, CDA is in the process of retaining a firm to prepare this scope of work. General Billing Information We will bill fees and costs on matters monthly by providing invoices to you, or as otherwise instructed later. Our monthly statements are due within sixty (60) days of receipt. Our statements contain a concise summary of legal services rendered and the fee charged. Retainer Due to our long-standing attorney-client relationship with CDA, the Firm will not require a retainer for this matter. Legal Fees We charge by the hour. My rate is $275 per hour for legal services. It is possible that other individuals in the firm will work on client matters, and we will charge $275 per hour for shareholder and "of counsel" time, $225 per hour for associate time and $150 per hour for paralegal time. I will serve as the primary contact on any engagement. We will always use our best efforts to utilize the most cost-effective individual to complete any specific task. Based on prior experience, the legal fees are not anticipated to exceed $20,000, but that is an estimate March 3, 2025 Page 3 only. We will stay in close contact regarding legal fees and will advise once we get close to the estimated amounts. This estimate is dependent on a fairly straight -forward proposed project and urban renewal plan. Complex uses and opposition from other taxing entities and the public could substantially increase those estimates. Additionally, for purposes of providing an estimate, we have assumed the project area is within the boundaries of the City and with the goal of standing up the new urban renewal plan and revenue allocation area by December 31, 2025. We invite our clients to discuss freely with us any questions they may have regarding a fee charged for any matter. We want our clients to be satisfied with both the quality of our services and the reasonableness of the fees we charge for those services. We will attempt to provide as much billing information as needed by the client. Meeting Attendance While we do not need to be physically present at all meetings related to the plan and/or the plan approval process, there are specific points in the process where personal attendance is strongly recommended, such as any work sessions between CDA and City, work sessions/ meetings with Bannock County, CDA approval of the plan, and city council approval of the ordinance. Otherwise, we may be able to be present virtually at meetings depending on the will of the Board. Advanced Costs In addition to legal fees, our statements also include any out-of-pocket expenses we advance on the client's behalf and our internal charges for certain support activities. Advanced costs generally include travel expenses, delivery, filing, recording, transcription, research, certification, and registration fees. During the course of our representation, it may become appropriate or necessary to hire third parties to provide services on the client's behalf. These services may include such things as subject matter consultants, consulting or testifying experts, investigators, providers of computerized litigation support, and court reporters. Because of the legal "work product" protection afforded to the services an attorney requests from third parties, we may, in certain situations, assume responsibility for retaining the appropriate service provider. Even if we do so, however, the client is responsible for paying the fees and expenses directly to the service provider or reimbursing us for these costs. At this time, these types of costs are not anticipated. We would seek client approval prior to incurring these costs. March 3, 2025 Page 4 Past Due Accounts If our monthly statements are not paid within 60 days after they are rendered, we reserve the right to discontinue services until the account is brought current. Further, if the account is more than 90 days past due, we reserve the right to withdraw from representation. Additionally, if the account is not paid in full within 90 days from the date of the statement, we impose an interest rate charge of 1.5% per month (18% annually) or the highest rate allowed by applicable law (whichever is less). Interest charges apply from the 60th day after the date of the statement until it is paid in full. Any payments made on past due statements are applied first to the oldest outstanding statement. We are entitled to attorneys' fees and costs if collection activities are necessary. Only Leaal Services Are Provided We provide services of a strictly legal nature. You represent that you are authorized to engage the firm on behalf of the client and that the client agrees to provide us with factual information and materials required to perform these services and to make such business or technical decisions and determinations as are appropriate. You further represent that the client understands it is not relying on us for business, investment, engineering, or accounting and tax decisions, or to investigate the character or credit of persons with whom the client may be dealing, unless otherwise specified in the letter or later engagement letter. We will keep the client advised of developments as necessary to perform our services and will consult with the client as necessary to ensure timely, effective, and efficient legal work is completed. Communications Between Attorney and Client We have certain professional rules which govern our representation of the client. As a matter of professional responsibility, we are required to preserve the client's confidence and secrets. This professional obligation and the legal privilege for attorney client communications exist to encourage candid and complete communication between clients and their attorneys. We can perform truly beneficial services for a client only if we are aware of all information that might be relevant to our representation. Consequently, we trust our attorney-client relationship with the client will be based on mutual confidence and unrestrained communication which will facilitate our proper representation. Additionally, please be aware that, in instances in which we represent a board of commissioners, our client relationship is with the entity and not with individual executives, directors, partners, or persons in similar positions. In those cases, our professional responsibilities are to the legal entity. Conflicts with Representation During the term of this engagement, we will not accept representation of another client whose interests are adverse to the client's unless and until we have made full disclosure to the client of all relevant facts, circumstances, and implications of our undertaking the two March 3, 2025 Page 5 representations and the client has consented in writing to our representation of the other client. The client agrees to be reasonable in evaluating such circumstances and will give consent if we can confirm to the client in good faith the following criteria are met: (1) there is no substantial relationship between any matter in which we are representing or have represented the client and the matter with the other client; (2) our representation of the other client will not involve any confidential information we received from the client; (3) our effective representation of the client and the discharge of our professional responsibilities to the client will not be prejudiced by our representation of the other client; and (4) the other client has also consented in writing based on our full disclosure of the relevant facts, circumstances, and implications of our undertaking the two representations. Termination of the Attorney -Client Relationship Upon completion of matters to which this engagement applies, or upon earlier termination of our relationship as described herein, the attorney-client relationship will end unless the client and we have expressly agreed to a continuation with respect to other matters. We hope, of course, that such a continuation will be the case. The representation is terminable at will by either party subject to ethical restraints and the payment of all fees and costs. In the unusual event that a court of competent jurisdiction refuses to permit our firm to withdraw upon termination, the client will remain responsible for any additional fees and costs incurred on its behalf. Acceptance of Terms and Conditions Your agreement to our representation constitutes the client's acceptance of the above terms and conditions. If any of the terms or conditions are unclear or unacceptable to you, please advise us now so we may resolve any differences and proceed with a clear, complete, and consistent understanding of our relationship. We intend the obligations contained herein to be contractual and to govern our business relationship. The attorney-client relationship is one necessarily built on trust and full communication. Please do not hesitate to contact us at any time to discuss any questions regarding our representation of the client. We are honored the client has chosen our firm. If you agree with the terms set forth in this letter, please sign where indicated below and return a signed copy to msc@elamburke.com. Sincerely, ELAM & BURKE A Professional Association /-�, g &AtJ March 3, 2025 Page 6 Meghan S. Conrad MSC/ksk March 3, 2025 Page 7 Accepted and Approved: CHUBBUCK DEVELOPMENT AUTHORITY X Chairman 4907-5156-1500, v. 1 Dated COST SHARING AGREEMENT This Cost Sharing Agreement ("Agreement") is entered into between the Urban Renewal Agency of the City of Chubbuck, Idaho, also known as the Chubbuck Development Authority (the "CDA"), and the City of Chubbuck, an Idaho municipal corporation (the "City"). The CDA and the City may be referred to herein individually as a "parry" and collectively as the "parties." The CDA has received proposal from Prospective Planning and Consulting, a copy of which is attached hereto as Appendix A, to prepare an eligibility report and an economic feasibility study to create a new urban renewal district in the Chubbuck downtown area (the "Project"). The CDA has also received a proposal from Elam & Burke, P.A., for preparation of an urban renewal plan for the new urban renewal district, should it be created, a copy of which is attached hereto as Appendix B. Prospective Planning and Consulting ad Elam & Burke are referred to herein collectively as the "Consultants." The work to be per- formed by the Consultants pursuant to Appendix A and Appendix B is referred to collectively herein as the "Project Work." The CDA and the City desire to share in the cost of the Project Work on terms and condi- tions set forth below. Agreement In consideration of the mutual covenants set forth below, the parties agree as follows: 1. Study Cost; Payment. The CDA and the City agree to share equally in the cost of the Project Work. The CDA and the City will each pay their one-half (1/2) of the cost of Project Work directly to the Consultants on the payment terms required by the Consultants. The CDA will promptly notify the City as invoices are received from the Consultants for Project Work. 2. Reimbursement. If an urban renewal area is created for the Project, and if tax increment funds from such area are received by the CDA to reimburse the cost of Project Work, such funds will be applied first to reimburse the City's contribution to the cost of Project Work, and second to reimburse the CDA's contribution to the cost of Project Work. 3. Termination. This Agreement will commence once it is signed by both parties, and it will continue until the earlier to occur of (a) the Project Work has been completed and all cost sharing commit- ments have been met, or (b) the parties mutually agree to terminate this Agreement. 4. Notices. Any notice required or permitted to be given under this Agreement shall be in writing and may be given by personal delivery, U.S. Postal Service mail, or email. Notices sent by email shall be delivered to the Mayor of the City or the Chairman of the CDA, as the case may be. Notice shall be deemed given upon actual receipt in the case of personal delivery or within three (3) business days after mailing. 5. No Waiver. The wavier or failure of any party to exercise, in any respect, any right pro- vided in this Agreement shall not be deemed a waiver of any other right or remedy to which the party may be entitled. 6. Integrated Agreement. The terms and conditions set forth herein constitute the entire agreement between the Parties as to the matters set forth herein and supersede any communications or previous agreements with respect to the subject matter of this Agreement. There are no written or oral COST SHARING AGREEMENT - 1 understandings directly or indirectly related to this Agreement that are not set forth herein. No change can be made to this Agreement other than in a writing signed by the Parties. 7. Governing Law and Venue. The Parties agree that any action to interpret or enforce this Agreement shall be governed and enforced according to the laws of the State of Idaho and any dispute under this Agreement shall be brought in Bannock County, Idaho. 8. Attorney Fees. If any party brings any legal action regarding the interpretation or enforce- ment of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney fees from the non -prevailing party in the litigation, in addition to any other relief that may be granted. 9. Counterparts. This Agreement may be executed in multiple counterparts, which when taken together shall constitute one in the same agreement. signing. 10. Digital Signatures. Digital signatures shall be binding and effective against the party so [Remainder of page intentionally left blank; signature page below] COST SHARING AGREEMENT - 2 Chubbuck Development Authority By: Dan Heiner, Chairman City of Chubbuck, Idaho By: Kevin England, Mayor COST SHARING AGREEMENT - 3 Date: Date: wr rq g i'J!^le1R 2I i' r Mr.r ; 0-- # ArcU15 Web Map ' vi .41- '41 W- ulaw— �.'1 ri .::A, Pn'1MrirrTY�dif4`a,� y7'� iMr�r�eliit'ii�ir�r■ _�� Cili�'#D�a� Y-3 m vim rte, A61;i ii + ICEt OL �' + �',:a ff II r•11iiuwC:+'� iar,u,. tJI` i Ids ; tirssll#ilii w „M�l w � �n Y Y -lid a(I+P�f14.� i e l „ 1� ! 4 4C r `'�:�7rII. I rN yj Fr I! q * v1.L_r. �CJS/lu.l �r t+wfiut i y (may „ �b� 1 I 4_ .�. 1. r :3_;<- �I{llr• �L'_ �„�AOL .r ::iia ]I�Lzu i;r-, - E r�,�._, - _. 1 --a �'' s � JI �avJni � '�s�� ►;J�.i.+J i �' - r LON .70 - * : � — -■ # _. �"! ir`� - 11 I li IwJ�yi? LSU SJ IIlLli . . i : �� , � � — � •, � ' [- f.: � - - -- rte �,,y y�.,y �'•.� J . 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