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HomeMy WebLinkAboutEagle View Landing Apartments, LLC. Deposit for Installation of Streetlights ADA COUNTY RECORDER Trent Tripple 2023-051310 BOISE IDAHO Pgs=5 LINDSAY WHEELER 09/06/2023 10:43 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 INSTALLATION OF STREETLIGHT THIS AGREEMENT for streetlight deposit("Agreement"),made this 5th day of September,2023 ("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 EAGLE VIEW LANDING APARTMENTS,LLC,whose address is 2929 W. Navigator Drive Suite 400,Meridian, Idaho 83642 ("Property Owner"). WHEREAS, Property Owner is the owner of Eagle View Landing, located at Located at 1032 S. Silverstone Way, Meridian, Ada County, Idaho, described as Eagle View Landing Lots 15 & 16 Block 1, Rolling Hills Subdivision in the NW 1/4 of the SE '/4 of Section 16, Township 3N, Range 1E; ("Subdivision"). WHEREAS, one of the site-specific conditions of approval of City's approval of LDIR-2022- 0021/Conditions of Approval with attached record drawings, attached hereto as Exhibit A, is to install One(1) streetlight at the property entrance on S.Rolling Hills Drive on Subject Property. 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: I.COMMITMENTS BY PROPERTY OWNER A. Deposit.Property Owner shall pay a deposit to City in the amount of Twelve Thousand Dollars and zero cents (1 ,000.'00) B. Installation. Property Owner shall obtain all necessary permits, inspections, and plan approvals for the installation of the Streetlights,and install the Streetlights,by 2023 Property Owner shall comply with all applicable laws, including Meridian City Code and the City of Meridian Improvement Standards for Street Lighting. AGREEMENT TO ACCEPT DEPOSIT FOR INSTALLATION OF STREETLIGHT PAGE 1 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. Default. 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,the City may withhold building, electrical,plumbing permits,certificates of zoning compliance, or certificates of occupancy for the Subject Property or improvements thereon, if Streetlights have not been 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 AGREEMENT To ACCEPT DEPOSIT FOR INSTALLATION OF STREETLIGHT PAGE 2 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 Eagle View Landing Apartments, LLC. City Clerk 2929 W. Navigator Suite 400 33 E. Broadway Ave. Meridian, ID 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 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 AGREEMENT TO ACCEPT DEPOSIT FOR INSTALLATION OF STREETLIGHT PAGE 3 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 tern 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. 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 day and year first above written. Property Owner: STATE OF IDAHO ) ) ss: County of ) I HEREBY CERTIFY that on this ZS h day of f{tiiate , E e View Landing Apartments, LLC 2023,before the undersigned, a Notary Public in theStatTe of J hn Gabrielsen, Manager Idaho, personally appeared John Gabrielsen, 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 URRY affixed my official seal,tl ay and year in this certificate first 29528 a ove written. LICHOINE S 04/15/2029 Notary Public for Ida Residing at � Idaho My Commission Expires: q 1 15 Log i AGREEMENT TO ACCEPT DEPOSIT FOR INSTALLATION OF STREETLIGHT PAGE 4 CITY OF MERIDIAN: Attest: Robert E. Simison 9-5-2023 Chris Johnson 9-5-2023 Mayor City Clerk STATE OF IDAHO ) ss County of Ada ) I HEREBY CERTIFY that on this 5th day of September 2023, 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: 3-28-2028 AGREEMENT TO ACCEPT DEPOSIT FOR INSTALLATION OF STREETLIGHT PAGE 5 E IDIAN Community Development Dept. Meridian City Hall, Suite 102 33 E. Broadway Avenue Community Development Department Meridian, Idaho 83642 MEMORANDUM March 19, 2025 To: Jesse Alvarez Reyes, Accountant From: Caleb Hood - Deputy Director of Community Development Re: Eagle View Landing—Street Light— Release of Performance Surety (Surety-2023-0065) Jesse, Attached is a copy of the Approval for Release from Micah Bandurraga in the Public Works department, approving the refunding of the performance surety and that the required development improvements that were subject to the performance surety have been completed. At this time, I am requesting that you initiate the process of refunding the subject$12,000.00 Performance Surety (copy attached). To: EAGLE VIEW APARTMENTS LLC C/O KAMERON NAUAHI 2929 W. NAVIGATOR DR., SUITE 400 MERIDIAN, ID 83642 Please let me know if you should have any questions or concerns. Thank you, c ral" Caleb Hood ` � • • • - Ft I IF IN IN I Eagie !View Landing Apartments LLC 142 UMB Bank 2929 W . Navigator Dr . IN 400 North Broadway Suite 400 DATE : August 28 , 2023 Meridian , . ID 83642 . : Abilene , KS 67410 a :. : . . : : I IF 12 , 000 , 00 III IFOFF I IF INN IN I IF OF I PAY Twelve Thousand and 00% 100 :Dollars No IF IN I I IN NNI TO THE City of Meridian ORDER 33 East : Bro:adwa.y Ave N . OF Meridian , ID 83642 OFF IF IN IF I No IN IF IF y. 110000 b b 2110 ' o b0 b00069 Slum 98 7 21 5 596118 26UMB Eagle View Landing Apartments LLC COM City of Meridian INVOICE DATE INVOICE NO DESCRIPTION ACCOUNT INVOICE AMOUNT 81NNNNNNv28 - 23 EVL Apt St Lcm EVL Apt Streetlght Dep 26 - 00000 - 1220 . 00 12000 . 00 Chk . Date 81NFNN 2 8 - 2 3 Chk , No . 112 Totals 12 0 0 0 . 0 0 Kelly Ready From : Micah Bandurraga Sent : Wednesday, March 19 , 2025 8 : 06 AM To : Kameron Nauahi Cc : Kelly Ready Subject : RE : SURETY - 2023 - 0065 Kelly , Will you please help Kameron with his Surety release ? Thanks , Micah Band urragaITransportation and Utility Coordinator City of MeridianIPublic Works Department 33 E . Broadway Ave . , Meridian , Idaho 83642 Phone : 208 . 489 . 0352I Fax : 208 . 898 . 9551 E IDIAN Built for Business, Designed for Living All e - mail messages sent to or received by City of Meridian e -mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. From : Kameron Nauahi < knauahi@brighton . co > Sent : Tuesday, March 18, 2025 11 : 21 AM To : Micah Bandurraga < mbandurraga@meridiancity . org > Subject : SURETY- 2023 - 0065 External Sender - Please use caution with links or attachments . Micah , This street light has been installed and f1naled for a while now . Are we able to sign off on the surety to release the funds ? Let me know if you need anything else to sign off . Thanks , Kameron Nauahi Director of Construction Brighton Ventures 2929 W. Navigator Dr . Suite 400 Meridian ID 83642 Direct : 208 - 830 -3629 Main : 208 - 378 -4000 Website : Brighton . co BRIGHTON NOTICE : Please update your records with my new email address and website ( brighton . co ) . 1 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 INSTALLATION OF STREETLIGHT THIS AGREEMENT for streetlight deposit ("Agreement") , made this 22nd day of August , 2023 ("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 EAGLE VIEW LANDING APARTMENTS , LLC , whose address is 2929 W . Navigator Drive Suite 400 , Meridian , Idaho 83642 ("Property Owner") . WHEREAS , Property Owner is the owner of Eagle View Landing , located at Located at 1032 S . Silverstone Way , Meridian, Ada County , Idaho , described as Eagle View Landing Lots 15 & 16 Block 1 , Rolling Hills Subdivision in the NW 1/4 of the SE 1/4 of Section 16 , Township 3N , Range 1 E ; (" Subdivision") . WHEREAS , one of the site - specific conditions of approval of City ' s approval of LDIR-2022 - 0021 /Conditions of Approval with attached record drawings , attached hereto as Exhibit A , is to install One ( 1 ) streetlight at the property entrance on S . Rolling Hills Drive on Subject Property , 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 I I - 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 . I . COMMITMENTS BY PROPERTY OWNER. A . Deposit. Property Owner shall pay a deposit to City in the amount of Twelve Thousand Dollars and Zero Cents ( $ 12 , 000 . 00 ) . B . Installation . Property Owner shall obtain all necessary permits , inspections , and plan approvals for the installation of the Streetlights , and install the Streetlights , by December 22 , 2023 . Property Owner shall comply with all applicable laws , including Meridian City Code idian Improvement Standards for Street Lighting .and the City of Mer AGREEMENT TO ACCEPT DEPOSIT FOR INSTALLATION OF STREETLIGHT PAGE 1 y 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 , orwelfare , 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 forpaying to City any amount exceeding the Deposit within thirty ( 30) days of City ' s invoice therefor . Ile 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 . Default. 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, the City may withhold building , electrical , plumbing permits , certificates of zoning compliance , or certificates of occupancy for the Subject Property or improvements thereon , if Streetlights have not been 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 AGREEMENT TO ACCEPT DEPOSIT FOR INSTALLATION OF STREETLIGHT PAGE 2 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 Eagle View Landing Apartments LLC City Clerk 2929 W . Navigator Dr . Suite 400 33 E . Broadway Ave . Meridian , ID 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 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 AGREEMENT TO ACCEPT DEPOSIT FOR INSTALLATION Or STREETLIGHT PAGE 3 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 . 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 day and year first above written . Property Owner : STATE OF IDAHO ) ss : County of ) I HEREBY CERTIFY that on this 2 day of E e View Landing Apartments , LLC 2023 , before the undersigned, a Notary Public in the State of J hAttcl - n Gabrielsen , Manager Idaho , personally appeared John Gabrielsen, proven to me to be the person who executed the said instrument, and acluiowledged to me that such person executed the same . IN WITNESS WHEREOF, I have hereunto set my hand and AMANDA MCCURRY affixed my official seal , tl ay and year in this certificate first COMMISSION #29528 a ove written . NOTARY PUBLIC STATE OF IDAHO rlOMMISSION EXPIRES 04/ 15/2029 Notary Public foie Idal Residing at C4AV Idaho My Commission Expires : 1 f 20 ?A4 AGREEMENT TO ACCEPT DEPOSIT FOR INSTALLATION OF STREETLIGHT PAGE 4 CITY OF MERIDIAN : Attest : Robert E . Simison Chris Johnson Mayor City Clerk STATE OF IDAHO ) ss County of Ada ) I HEREBY CERTIFY that on this day of , 2023 , 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 , Idaho My Commission Expires : AGREEMENT TO ACCEPT DEPOSIT FOR INS'IALLATION OF STREETLIGHT PAGE 5