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Fairbourne Development LLC Fairbourne No. 2 Subdivision Payment in Lieu of Install of Streetlights Mayor Robert Simison W I DIAN*--� City Council MembersBernt Tre ernt Joe Borton Public Works Luke Cavener Brad Hoaglun Department Jessica Perreault Liz Strader TO: Mayor Robert Simison Members of the City Council FROM: Al Christy— Transportation and Utility Coordinator DATE: 311912020 SUBJECT: AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING STREETLIGHTS AT FAIRBOURNE NO. 2 SUBDIVISION REQUESTED COUNCIL DATE: 4/7/2020 I. RECOMMENDED ACTION A. Move to: 1. Approve the attached agreement with Fairbourne Development LLC. 2. Authorize the Mayor to sign the agreement. 11. DEPARTMENT CONTACT PERSONS Al Christy, Transportation and Utility Coordinator 489-0352 Warren Stewart, City Engineer 489-0350 Dale Bolthouse, Director of Public Works 985-1257 III. DESCRIPTION A. Background One of the site specific conditions of approval for the Fairbourne No. 2 Subdivision was to provide sufficient funds for the installation of street lighting along W. Chinden Boulevard. The streetlights will be installed once an upcoming roadway widening project is completed. B. Proposed Project Meridian City Council MpgrgtpyjJa April 7,2020— Page 324 of 660 Pursuant to the attached agreement with Fairbourne Development LLC, the City will accept the estimated amount of$33,860.00,required to install four streetlights on W. Chinden Boulevard. These funds will be used to install the lights after the completion of the W. Chinden Boulevard widening project. Fairbourne Development, 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/Deliver pact: This agreement will increase the street lighting along W.Chinden Boulevard while ensuring that the lights are installed in the appropriate location and will not need to be relocated in the near future. C. Fiscal Impact: Per this agreement the City will receive$33,860.00. This is the estimated amount required to install the four lights along W. Chinden Boulevard and these funds will be reserved for that specific purpose. V. TIME CONSTRAINTS Council approval of this agreement will allow Fairbourne Development, LLC to remit the required funds to the City and receive their Subdivision approval once all other requirements have been met. VII. LIST OF ATTACHMENTS Agreement to Accept Payment in Lieu of Installing Streetlights at Fairbourne No. 2 Subdivision. Approved for Council Agenda: iz4z�7z�— Meridian City Council Mpft 2%jj"a April 7,2020— Page 325 of 660 AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING STREETLIGHT AT FAIRBOURNE NO. 2 SUBDIVISION THIS AGREEMENT for streetlight installation, made this 7th day of April 2020 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 Fairbourne Development LLC., 2701 E. Pine Ave., Meridian, ID 83642 (hereinafter"Fairbourne"). WHEREAS, Fairbourne has received from City, conditional approval of the Final Plat for the Fairbourne No. 2 Subdivision, Case No. FP H-2019-0015; and, WHEREAS, One of the Site Specific Conditions of Approval of City's approval of FP H-2019- 0015 is to install street lights on all public roadways per the City of Meridian Improvement Standards for Street Lighting; and, WHEREAS, Fairbourne is currently unable to install the required streetlights on W. Chinden Boulevard in front of the Fairbourne No. 2 Subdivision because W. Chinden Boulevard has not been built out to its ultimate width; and, WHEREAS, once the W. Chinden Boulevard is widened, City is willing to install the required streetlights if Fairbourne has paid to City the estimated amount necessary to install the streetlight. NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1. Fairbourne shall pay to City the amount of$33,860.00 as the amount necessary to supply and install four(4)type 1 streetlights. 2. City agrees to accept the amount set forth in Article 1 in lieu of requiring Fairbourne to install the four(4) streetlights on W. Chinden Boulevard in front of the Subdivision. 3. Upon payment of the amount in Article 1 by Fairbourne to City, Fairbourne's requirement to install the four(4) streetlights on W. 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 Fairbourne of Fairbourne'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. Fairbourne Development, LLC. CITY OF MERIDIAN By: By Samuel Johns4,,Alanager Robert E. Simison, Mayor