HomeMy WebLinkAboutKnighthill LLC Payment in Lieu of streetlights for Knighthill Subdivision Lot 8 Mayor Robert Simison
Wl II�IAN i�~� City Counci Members
Tre Bernt
Joe Borton
Public Works I D A H 0 Luke Cavener
Brad Hoaglun
Department Jessica Perreault
Liz Strader
000
TO: Mayor Robert Simison
Members of the City Council
FROM: Micah Bandurraga—Transportation and Utility Coordinator
DATE: 10/07/2022
SUBJECT: AGREEMENT TO REIMBURSE THE CITY OF MERIDIAN FOR THE
INSTALLATION OF (1) STREETLIGHT ALONG CHINDEN BLVD
FRONTAGE
REQUESTED COUNCIL DATE: 10/18/2022
I. RECOMMENDED ACTION
A. Move to:
1. Approve the attached agreement with Wylie LLC.
2. Authorize the Mayor to sign the agreement.
II. DEPARTMENT CONTACT PERSONS
Micah Bandurraga, TUC 208-489-0370
Clint Dolsby, Assistant City Engineer 208-489-0341
Warren Stewart, City Engineer 208-489-0350
Laurelei McVey, Director of Public Works 208-985-1259
III. DESCRIPTION
A. Backgroun
One of the site specific conditions of approval for the Knighthill Subdivision Lot
8 was to reimburse the City of Meridian for the installation of(1) streetlight along
W. Chinden Blvd. The streetlight was installed as a City project along the south
side of W. Chinden Blvd to accommodate ITD's regulations of a minimum of 1
mile of streetlighting must be installed at a time. ITD has historically required 1
mile segments of State Highways have continuous lighting.
Page I of 2
B. Proposed Project
Pursuant to the attached agreement with Wylie LLC, the City will accept the
amount of$8,465, as the reimbursable amount of the installation of(1) streetlight.
These funds have been utilized to install a streetlight at the properties frontage and
thus will be reimbursed by the developer. Wylie LLC is in favor of this solution
and has signed the attached agreement.
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 reimburse the City of Meridian for funds spent to enhance
public safety along Chinden Blvd.
C. Fiscal Impact:
Per this agreement the City will received$8,465. This is the amount the City paid
to install a light along the W. Chinden Blvd frontage.
V. TIME CONSTRAINTS
Council approval of this agreement will allow Wylie LLC. to finalize the agreement
and meet this portion of the lighting requirements for Certificate of Occupancy.
VII. LIST OF ATTACHMENTS
Agreement to Accept Payment as a reimbursable for the installation of(1) streetlight
along W. Chinden Blvd frontage for the property of Knighthill Sub Lot 8 for Wylie
LLC.
Approved for Council Agenda:
Page 2 of'2
AGREEMENT TO ACCEPT PAYMENT IN LIEU
OF INSTALLING STREETLIGHTS AT KNIGHTHILL SUBDIVISION LOT 8
This AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING STREETLIGHT
AT KNIGHTHILL SUBDIVISION LOT 8 ("Agreement"),made this of October, 2022
("Effective Date")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
Knighthill LLC,whose address is 1676 N Clarendon Way, Eagle,Idaho 83616 ("Property Owner").
WHEREAS, Property Owner is the owner of Knighthill Subdivision,Parcel number
R4995350110 located at 6349 N Linder Road in Meridian, Idaho, described as LOT 8 &POR LOT
9 BLK 1 KNIGHTHILL CENTER SUB NO 03 PARCEL A ROS 12986#0100-C#0200-S
("Subdivision");
WHEREAS,Wylie has received from City, conditional approval of the certificate of
occupancy for the Knighthill Subdivision Lot 8, Case No. C-SHELL-2021-0039; and,
WHEREAS, one of the Site-Specific Conditions of Approval of C-SHELL-2021-0039, is to
install streetlights on all public roadways per the City of Meridian Improvement Standards for
Street Lighting; and,
WHEREAS,the City has fulfilled this obligation, as a joint effort with the Idaho
Transportation Department, for the street lighting along West Chinden Boulevard for this
development("Location").
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:
I.COMMITMENTS BY PROPERTY OWNER.
A. Payment.By October 28, 2022, Property Owner shall pay to City eight thousand four
hundred and sixty-five dollars and zero cents ($8,465.00), for the installation of one (1)
streetlight, already installed for this Location.
B. Consent to entry. Property Owner shall, and hereby does,provide to the City perpetual
consent and access to enter the Subdivision 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 Location.
II.COMMITMENTS BY CITY.
A. Installation. City agrees to accept the amount set forth in this Agreement in lieu of
requiring Property Owner to install the one(1) streetlight at Location.
AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLATION OF STREETLIGHTS PAGE 1
B. Payment of additional expense for installation. Upon Property Owner's payment of the
amount set forth herein,the requirement in C-SHELL-2021-0039 to install streetlight at
Location shall be considered satisfied. City shall be responsible for any additional cost of
installation of streetlights beyond the amount paid by Property Owner under this Agreement.
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. 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 Knighthill, LLC
City Clerk 1676 N Clarendon Way
33 E. Broadway Ave. Eagle, ID 83616
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.
C. 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.
D. 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.
E. 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 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.
F. 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.
G. 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
AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLATION OF STREETLIGHTS PAGE 2
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.
H. 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.
I. 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.
J. 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.
K. 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.
Proper Owner•
i�
G
ighthill, LL
amen R Wylie IV, Manager
CITY OF MERIDIAN:
Attest:
Robert E. Simison 10-18-2022 Chris Johnson 10-18-2022
Mayor City Cleric
AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLATION OF STREETLIGHTS PAGE 3