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HomeMy WebLinkAboutSmith Brighton, Inc. Deposit for Installation of Streelights Development Inst#2022-018711 ADA COUNTY RECORDER Phil McGrane 2022-082463 BOISE IDAHO Pgs=12 BONNIE OBERBILLIG 09/28/2022 08:46 AM CITY OF MERIDIAN, IDAHO NO FEE RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 E.Broadway Avenue Meridian, ID 83642 AGREEMENT TO ACCEPT DEPOSIT FOR INSTALLATIONI THIS AGREEMENT for streetlight deposit("Agreement"), made this 27thday of September 2022 ("Effective Date") by and 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 ("City"), and Smith Brighton Inc., whose address is 2929 W. Navigator Dr. Ste. 400 Meridian, Idaho ("Property Owner"). WHEREAS, Property Owner is the owner of Ada County Parcel # S1405223035, more particularly described as PAR#3035 OF W2NW4 SEC 5 2N lE#223030-S, City of Meridian, Ada County, Idaho,which parcel is part of the Apex Subdivision("Subject Property"); WHEREAS, the Development Agreement between City and Brighton Development, Inc. recorded with Ada County on February 23, 2022 as instrument no. 2022-018711,requires the installation of streetlights on the Subject Property pursuant to a duly approved streetlight plan; WHEREAS, the Streetlight permit nos. C-STLT-2022-0019 and C-STLT-2021-0065, attached hereto as Exhibit A, and streetlight plans approved pursuant thereto, attached hereto as Exhibit B,require the installation of eight (8) streetlights on Subject Property, along S. Locust Grove Road("Streetlights"); WHEREAS, Unified Development Code ("UDC") section 11-5C-3(B) authorizes Property Owner to post a performance surety for such improvements that are needed; WHEREAS,UDC section 11-5C-3(D) authorizes sureties in the form of a cash deposit; and, WHEREAS,under UDC section 11-5C-4, if Property Owner fails to complete the public improvements in the time period required, the City Council may proceed to have such work completed at Property Owner's expense; NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, the Parties agree as follows: .COMMITMENTS BY PROPERTY OWNER. A. Deposit. By September 15, 2022, Property Owner shall pay a deposit to City in the amount of Eighty-Eight Thousand Dollars and Zero Cents ($88,000.00). AGREEMENT TO ACCEPT DEPOSIT FOR INSTALLATION OF STREETLIGHT PAGE I B. Installation. Property Owner shall obtain all necessary permits, inspections, and plan approvals for the installation of the Streetlights, and install the Streetlights,by October 31, 2023. Property Owner shall comply with all applicable laws, including Meridian City Code and the City of Meridian Improvement Standards for Street Lighting. C. Demand for return of Deposit. Within thirty(30) days of Property Owner's installation of the Streetlights and completion of all necessary inspections in compliance with applicable codes,Property Owner shall provide to City a written demand for the return of the Deposit. D. Consent to entry. Property Owner shall, and hereby does,provide to the City perpetual consent and access to enter the Subject Property for the purpose of inspecting or installing Streetlights and related infrastructure. Except in the event of an imminent or realized threat to the public health, safety, or welfare, City shall provide Property Owner at least twenty-four (24)hours prior notice of such entry. Such notice may be verbal, written, or be posted at the Subject Property. E. Additional expense for installation. If Property Owner forfeits the Deposit due to failure to comply with this Agreement, and City installs the Streetlights,Property Owner shall be responsible for paying to City any amount exceeding the Deposit within thirty (30) days of City's invoice therefor. II. COMMITMENTS BY CITY. A. Recordation. City shall record this Agreement, and shall submit proof of such recording to Property Owner. B. Hold Deposit. City shall hold Property Owner's Deposit until Property Owner installs Streetlights as required by this Agreement. C. Return of Deposit. Within thirty(30) days of Property Owner's installation of the Streetlights, completion of all necessary inspections in compliance with applicable codes, and City's receipt of Property Owner's written demand for the return of the Deposit, City shall return the Deposit to Property Owner. D. Failure to install Streetlights.If Property Owner fails to install the Streetlights before the Due Date, Property Owner shall forfeit the Deposit to City, and City shall install the Streetlight at Property Owner's sole expense. III. GENERAL PROVISIONS. A. Default. Any failure to perform the terms and conditions of this Agreement, or any portion thereof, shall be a default hereunder. B. Remedies. In the event of Property Owner's default, in addition to other remedies specified herein or available at law or in equity, the City may withhold building, AGREEMENT TO ACCEPT DEPOSIT FOR INSTALLATION OF STREETLIGHT PAGE 2 electrical, plumbing permits, certificates of zoning compliance, or certificates of occupancy for the Subject Property or improvements thereon,until Streetlights are installed as required. C. Enforcement. This Agreement shall be enforceable in any court of competent jurisdiction by either City or Property Owner, or any respective successor(s) in interest thereof. An action at law or in equity, as appropriate, shall lie to secure specific performance of any covenant, agreement, condition, commitment, and/or obligation set forth herein. In addition,remedies available to City shall include, but shall not be limited to, a lien on the property, collections, or revocation of land use approvals and/or certificates of occupancy for buildings on the Subject Property. D. Notices. Any notice desired by the Parties or required by this Agreement shall be deemed delivered after deposit in the United States Mail,postage prepaid, addressed as follows: If to City: If to Property Owner: City of Meridian Smith Brighton Inc. City Clerk 2929 W. Navigator Dr. Ste. 400 33 E. Broadway Ave. Meridian, Idaho 83642 Meridian, Idaho 83642 Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. E. Time is of the essence. The Parties acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach and default hereunder by the Party so failing to perform. F. Binding upon successors. Except as otherwise specifically provided herein, this Agreement shall be binding upon any and all owners of the Subject Property, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Subject Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Subject Property, or any portion thereof, except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. G. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. H. Attorney fees. Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by AGREEMENT To ACCEPT DEPOSIT FOR INSTALLATION OF STREETLIGHT PAGE 3 such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia, any default, termination, or forfeiture of this Agreement. I. Final Agreement. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and Property Owner relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, express or implied, between City and Property Owner, other than as are stated herein. Except as otherwise specifically provided herein, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. J. Non-waiver. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. K. Compliance with laws. Throughout the course of this Agreement, the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining to streetlight installation and maintenance, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. L. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney or the opportunity to seek such advice. M. Warranty of authority. Each party to this Agreement represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary action of such party and is a valid and binding obligation upon the persons or entity signing this Agreement. N. Approval Required: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the Effective Date first above written. AGREEMENT To ACCEPT DEPOSIT FOR INSTALLATION OF STREETLIGHT PAGE 4 Property O ner: STATE OF IDAHO ) ) ss: County of,� — ) I HEREBY LEIS ITFY that on day of Smith Brigh on Inc. 2022,before the undersigned,a Notary Public in the fate of Robert L. Phillips, COO Idaho,personally appeared Robert L.Phillips,proven to me to be the person who executed the said instrument,and acknowledged to me that such person executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year in this certificate first abo written. SHARI VAUGHAN Notary Public for Idaho Notary Public-State of Idaho Commission Number 20181002 Residing at l�ttQl� —I -) ,Idaho My Commission Expires Jun 1, 2024 �r My Commission Expires: - CITY OF MERIDIAN: Attest: Robert E.t)O n 9-27-2022 Chris Johnson 9-27-2022 Mayor City Clerk STATE OF IDAHO ) ss County of Ada ) I HEREBY CERTIFY that on this 27th day of September 2022,before the undersigned,personally appeared ROBERT E. SIMISON and CHRIS JOHNSON,known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument on behalf of the City of Meridian, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Meridian Idaho My Commission Expires:_3_28-2022 AGREEMENT TO ACCEPT DEPOSIT FOR INSTALLATION OF STREETLIGHT PAGE 5 %...ustomer rermit ana Kecelpi E IDIANI.'�-- ' City of Meridian 33 E. Broadway Ave. Suite 102 Meridian, ID 83642 I D A H O Building Services - PH: 887-2211 / FAX: 887-1297 Planning - PH: 884-5533 / FAX: 888-6854 Commercial Electrical Street Light Permit Project Name Apex Se SUIb #1 Application Number C-STLT-2021-0065 Applicant Steven Ragan Applicant Address 502 E 45Th St., Boise, ID 83714 Project Address Subdivision Meridian Lot Block 1 Professional Electrical ALLOWAY ELECTRIC CO INC Address: 502 E 45th St Phone: 208-344-2508 GARDEN CITY, ID 83714 Fax: Payor Alloway Electric Co Inc 502 E. 45TH ST , BOISE ID US 2083442508 Feq& ,Receipts: Description Amount 749324 Base Fee 10001 or more $1,121.30 Convenience Fee(s) $2.50 Total Fees: $1,123.80 105851 ACH (10/25/2021) $1,123.80 Total Receipts: $1,123.80 7 Balance Due: $0.00 City of Meridian, Building Services C�/((E 33 E. Broadway Ave. Suite 102 IDIAN.;,- ,. Meridian, ID 83642 PH: 208-887-2211 https://citizenportal.meridiancity.org/CitizenAccess/ Electrical Permit Issued Date: 05/09/2022 Permit Number: C-STLT-2022-0019 Application Name Apex Se Sub #2- Street Lighting Parcel Number: R5672000010 Address: 33 E Broadway Ave Meridian, Id 83642 Subdivision: Meridian Townsite Amd Lot(s): Block: 1 Contractors Electrical ALLOWAY ELECTRIC CO INC Address: 502 E 45th St Phone: 208-344-2508 State Lic. & Reg.#: ELE-C-131 GARDEN CITY, ID 83714 FAX: Expiration Date: 10/31/2022 Fees and Receipts: Number Description Amount Convenience Fee(s) $2.50 805564 Base Fee 10001 or more $660.30 Total Fees: $662.80 116173 ACH $662.80 Total Receipts: $662.80 Balance Due: $0.00 I LITI QU - �--- ~ O O 1 O C. 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IOU REVISIONS Sn k APEX SOUTHEAST SUBDIVISION NO.2 Nam; MERIDIAN,IDAHO �s3°: ROADWAY IMPROVEMENT PLANS £ `'•�Z STIEET LIGHT PLAN I G I n. ts -�73 � I � O O o t I I ! �/ III / I {• •ur�x.xt nvt I _ _ I _ I_ 5 ©Ca) ®r 6- I O 1 0 l m a egg",,sA 5& -g G °` -P z $ mCsF ncay}x 3-A: g e aq t L Is qY� StQP �g1a ;i�� a S ,�7 Rk�,o� :� � 8�r, RcS •• � �fi �� Z , s i a 4 E�pa€�A 3 Ej,c;A- Y . Yi �F�x:�& S`�`,�� •}-S ��'G f F ems' F^ ! n„R ® „ €FYKI it SA gsgg a'e�g1; 2' acj C CY� q' � ? Y° �T �YAY S,s"_!A = gg T"". 6. � s PA €,a SsiF m a=g; ;T 5 APEX SOUTHEAST SUBDIVISION NO.2 REVISIONS MERIDIAN,IDAHO N -^ ROADWAY IMPROVEMENT PLANS $ x a m E f+ 9=s STREET LIGHT PLAN �G RE86c EXHIBIT B SHEET NOTES CITY OF MERIDIAN STREET LIGHT NOTES A CONTRACTOR TO VERIFY STREET LIGHT LOCATIONS KITH CITY OF I.IER,D,AN AND ACHD PRIOR TO INSTALLATION I ALL STREET LIGHT CONSTRUCTION SHALL BE DONE IN ACCORDANCE WITH THE CURRENT VERSION OF AND NOTIFY ENGINEER IF SAFELY HAZARDS OR UTILITY THE ISPAC.THE MERIDIAN SUPPLEMENTAL SPECIFICATIONS TO THE ISPVrC,AND THE NATIONAL C014PLICTS EXIST. ELECTRIC CODE 2 A STREET LIGHTING ELECTRICAL PERMIT SHALL BE OPENED PRIOR TO STARTING WORK. USE THE B. STREET LIGHTS SHALL BE O-VIED/IJAI:TAINEO BY THE ONLINE CITIZEN PORTAL ATntgs//ri6xenporlol.me,;dlora1y.c,g/ClGtenAetess/ TO OPEN A PERMIT Cm OF MERIDIANt AND REOUEST INSPECTIONS. C. SERVICE - ALL STREET LIGHTS SHALL. HAVE 3, INSTALLATION INILL REOUIRE INSPECTIONS FOR THE CONCRETE BASE REINFORCING. BEDDING. BACKrILL. UNDERGROUND ELECTRICAL SERVICES PROVIDED. SERXE AND FOR THE POLE AND ASSOCLSIED WIRING. VOLTASE SHALL BE 120 OR 240 VOLTS ONLY. A. STREET LIGHT BASES SHALL BE LOCATED 10' MIN. FROM TREES. 5' MIN TROY FIRE HYDRANTS AND C0141RACTOR SHALL DETERMINE CONDUII SLEEVE 2' MIN. FROM WATER METERS. LOCATIONS. SIZES. AND AMOUNT REQUIRED AT ALL 5. KEEP ACCURATE NOTES OF CONDUIT, JUNCTION BOX LOCATIONS. ATTACH A REDEFINED AS BUILT UTILITY AND PAVEMENT CROSSINGS. DRAWING OF THE PLAN SHEET TO THE STREET LIGHTING ELECTRICAL PERMIT. OR SUBMIT A HARD D METERI!NG - CONTRACTOR SHALL COORDINATE METER COPE 10 THE MERiO1A!J PUBLIC WORKS DEPARTMENT PRIOR TO REOUESIING FINAL INSPECTION. LOCATIONS WITH IDAHO POWER AND CITY OF MERINAN 6, CONTACT THE CITY TRANSPORTATION AND UTILITY COORDINATOR (206) 898-5500 FOR OUESTIONS REGARDING UTILITY CONFLICTS,OR TO ACCESS LOCKED METER PEDESTALS. WHERE A METERED SYSTEM IS REOUIRED, NEW DEVELOPMENTS SHALL INSTALL CONDUIT WITH ONE NO. LEGEND 10 STRA94DED PULLWIRE FROM THE LAST LIGHT ON EACH END OF THE SYSTEM TO THE ADJACENT PROPERTY U!;E ON A STUBBED STREET, WHERE THE ADJACENT PROPERTY � HAS NO EXISTING STREET LIGHT SYSTEM. THIS WILL 7 78�, INSTALL TYPE 1 STREET LIGHT POLE WITH LUMINPRE IN ACCORDANCE WITH THE CITY OF MERIDIAN, ALLOW FOR THE CONTINUATION OF THE STREET LIGHTS DEPARTMIENT OF PUBLIC WORKS I.IPROVEMENT STANDARDS FOR STREET LIGHTING, AND THE MOST WHEN THE ADJACENT PROPERTY IS DEVELOPED. CURRENT CITY OF MERIDIAN SUPPLEMENTAL SPECIFICATIONNS AND DRAWINGS TO THE ISPWC. TYPE 1 STREET LIGHT POLES SHALL BE ROUND STEEL POWDER-COATED BLACH PER THE CITY OF MERIDLvJ SUPPLEMENTAL SPECIFICATIONS DRAWING 11. CONTRACTOR SHALL COORDINAIE (NOMINAL MOUNTING HEIGHT AND NAST ARM LENGTH WITH CITY PRIOR TO INSTALLATION. LUMINAIRES SHALL BE LED FIXTURES THAT ARE ON THE APPROVED FIXTURE LIST (SEE APPROVED LED FIXTURE LIST FOR STREET LIGHTING),OR HAVE BEEN PRE-APPROVED IN WRITING BY THE CITY'S TRANSPORTATION AND UTILITY COORDINATOR. INSTALL TYPE 2 STREET LIGHT POLE WITH LUMINAIRE IN ACCORDANCE WITH THE CITY OF MERIDWN, DEPARTMENT OF PUBLIC WORKS IMPROVEMENT STANDldNDS FOR STREET LIGHTING, AND THE MOST CURRENT CITY OF MERIDIAN SUPPLEMENTAL SPECIFICATIONS AND DRAWINGS TO THE ISPVIC. TYPE 2 STREET LIGHT POLES SHALL BE 25' NOMINAL MOUNTING HEIGHT, SOUARE STEEL WITH BRONZE POLYESTER COATING AND CONFORM 10 THE SUPPLEMENTAL SPECIFICATIONS. LUMINAIRES SHALL BE LED FIXTURES THAT ARE ON THE APPROVED FIXTURE UST (SEE APPROVED LED FIXTURE LIST FOR STREET LIGHTING), OR HAVE BEEN PRE-APPROVED IN WRITING BY THE CITr'S TRANSPORTATION AND 0 80 160 240 UTILITY COORDINATOR, EXISTING TYPE 1 STREET LIGHT Plan Scale:1"=90' EXISTING TYPE 2 STREET LIGHT rand/of E IDIAN` APPROVED FOR CONSTRUCTION e plans and/or specd,eellons have been reviewed(or mnpliance Meridian City Standards and Specriicabons.This review does nut e tie owner,engineer,or u,ntractur of the respunsibillty to design construct those facilities in compliance with ell current applicable ederal,stale,and local laws,rules,tegulalidns,ordinances, development agreements,speciGalions,orders of approvals,all of which tie City retains the right to enforce.Inconsistencies not noted by City staff shall not be construed as approved unless specl(Ically addressed in wiling by the City.Any pfopused revision to these plans trust be submitted fur review and compliance with the Meridian City Standards and Specifications before said tevis;on Is cahstucled. Narne soDrian Date May 12 2021