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HomeMy WebLinkAboutChallenger Development, Inc. Cache Creek Subdivision Payment in Lieu of Streetlights Item#6. AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING STREETLIGHT AT CACHE CREEK SUBDIVISION THIS AGREEMENT for streetlight installation, made this30th day of November, 2021 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 Challenger Development Inc., 1977 E. Overland Road, Meridian, ID 83642 (hereinafter"Challenger"). WHEREAS, Challenger has received from City, conditional approval of the Final Plat for the Cache Creek Subdivision, Case No. FP-2021-0028; and, WHEREAS,One of the Site Specific Conditions of Approval of City's approval of FP-2021-0028; is to install streetlights on all public roadways per the City of Meridian Improvement Standards for Street Lighting; and, WHEREAS,Challenger is currently unable to install the required streetlights on S. Locust Grove Road and E. Victory Road in front of the Cache Creek Subdivision because S. Locust Grove Road and E. Victory Road have not been built out to its ultimate width; and, WHEREAS, once the S. Locust Grove Road and E.Victory Road are improved, City is willing to install the required streetlights if Challenger has paid to City the estimated amount necessary to install the streetlights. NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1. Challenger shall pay to City the amount of$42,325.00 as the amount necessary to supply and install five (5)type 1 streetlights. 2. City agrees to accept the amount set forth in Article 1 in lieu of requiring Challenger to install the five(5)streetlights on S.Locust Grove Road and E.Victory Road in front of the Subdivision. 3. Upon payment of the amount in Article 1 by Challenger to City, Challenger's requirement to install the five (5)streetlights on S. Locust Grove Road and E.Victory Road 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 Challenger of Challenger'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. Challenger Development, Inc. CITY OF MERIDIAN Page 135 ', Item#6. B. Proposed Project Pursuant to the attached agreement with Challenger Development Inc., the City has accepted the estimated amount of$42,325,required to install those streetlights on S. Locust Grove Road and E. Victory Road. These funds will be used to install the provided streetlights when the road is widened by two travel lanes in conjunction with a future ACHD project between E. Amity Road and E. Lake Hazel Road. Challenger Development Inc. is in favor of this solution. They have signed the attached agreement and paid the $42,325. IV. IMPACT A. Strategic Impact: This agreement is in alignment with the Public Works Department's Strategic Plan 2010-2015 Objective ENG-12, which is to increase street lighting throughout the City to enhance the safety of our citizens in a fiscally responsible manner. B. Service/Delivery Impact: This agreement will increase the street lighting along S. Locust Grove Road and E. Victory Road while ensuring that the lights are installed at the appropriate time and in the appropriate location. C. Fiscal Impact: Per this agreement, the City has received $42,325. This is the estimated amount required to install the five lights along S. Locust Grove Road and E. Victory Road, and these funds will be reserved for that specific purpose. V. TIME CONSTRAINTS Council approval of this agreement will allow Challenger Development Inc.to finalize the agreement, set aside the funds to install the street lights and meet this portion of the lighting requirements for final plat approval. VII. LIST OF ATTACHMENTS Agreement to Accept Payment in Lieu of Installing Streetlights on S. Locust Grove Road and E. Victory Road at Cache Creek Subdivision. Approved for Council Agenda: 4 7 Page 134 Page 2 of 2 y4 ,f a By: BY Corey Barton, Mana r Robert E. Simison, Mayor 11-30-2021 i I Page 136