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HomeMy WebLinkAboutAgreement to Accept Payment in Lieu of Installing Street Lights - Bainbridge No. 7AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING STREETLIGHT AT BAINBRIDGE NO.7 SUBDIVISION THIS AGREEMENT for streetlight installation, made this 13{�,day of August, 2018 between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Brighton Development, Inc., 12601 W. Explorer Dr., Suite 200, Boise, ID 83713 (hereinafter "Brighton"). WHEREAS, Brighton has received from City, conditional approval of the Final Plat for the Bainbridge No. 7 Subdivision, Case No. FP H-2018-0022; and, WHEREAS, One of the Site Specific Conditions of Approval of City's approval of FP H-2018- 0022 is to install street lights on all public roadways per the City of Meridian Improvement Standards for Street Lighting; and, WHEREAS, Brighton is currently unable to install the required streetlights on Chinden Boulevard in front of the Bainbridge No. 7 Subdivision because Chinden Boulevard has not been built out to its ultimate width; and, WHEREAS, once the Chinden Boulevard is widened, City is willing to install the required streetlights if Brighton has paid to City the estimated amount necessary to install the streetlight. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Brighton shall pay to City the amount of $29,925.00 as the amount necessary to supply and install three (3) type 1 streetlights. 2. City agrees to accept the amount set forth in Article 1 in lieu of requiring Brighton to install the three (3) streetlights on Chinden Boulevard in front of the Subdivision. 3. Upon payment of the amount in Article 1 by Brighton to City, Brighton's requirement to install the three (3) streetlights on Chinden Boulevard shall be considered satisfied. 4. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns, and shall survive any transfer by Brighton of Brighton's Property. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. Brighton Development, Inc Ok tL By: J tha D. Wardle, President CITY OF MERIDIAN By Tamm erd, Mayor M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 2 8 , 2 0 1 8 – P a g e 6 0 o f 2 4 4