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Brighton Development, Inc. Bainbridge No. 10 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: 312412020 SUBJECT: AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING STREETLIGHTS AT BAINBRIDGE NO. 10 SUBDIVISION REQUESTED COUNCIL DATE: 4/7/2020 I. RECOMMENDED ACTION A. Move to: 1. Approve the attached agreement with Brighton Development Inc. 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 Bainbridge No. 10 Subdivision was to provide sufficient funds for the installation of street lighting along N. Ten Mile Road. The streetlights will be installed once an upcoming roadway widening project is completed. B. Proposed Project Meridian City Council %rgtpyjJa April 7,2020— Page 328 of 660 Pursuant to the attached agreement with Brighton Development Inc, the City will accept the estimated amount of$5,500,required to install one streetlight on N.Ten Mile Road. These funds will be utilized to fund installation of streetlights with the N. Ten Mile Road widening project. Brighton Development Inc. 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 help fund street lighting along N. Ten Mile Road 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 $5,500. This is the estimated amount required to install one light along N. Ten Mile road and these funds will be reserved for that specific purpose. V. TIME CONSTRAINTS Council approval of this agreement will allow Brighton Development Inc. 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 Bainbridge No. 10 Subdivision. Approved for Council Agenda: Meridian City Council Mpft 2%jj"a April 7,2020— Page 329 of 660 AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING STREETLIGHT AT BAINBRIDGE NO. 10 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 Brighton Development Inc., 2929 W. Navigator Dr., Suite 400, Meridian, ID 83642 (hereinafter"Brighton"). WHEREAS, Brighton has received from City, conditional approval of the Final Plat for the Bainbridge No. 10 Subdivision, Case No. FP H-2019-0075; and, WHEREAS, One of the Site Specific Conditions of Approval of City's approval of FP H-2019- 0075 is to install streetlights on all public roadways per the City of Meridian Improvement Standards for Street Lighting; and, WHEREAS, Brighton is currently unable to install the required streetlights on N.Ten Mile Road in front of the Bainbridge No. 10 Subdivision because N. Ten Mile Road has not been built out to its ultimate width; and, WHEREAS, once the N. Ten Mile Road is widened, City is willing to install the required streetlight if Brighton has paid to City the estimated amount necessary to install the streetlight. NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1. Brighton shall pay to City the amount of$5,500 as the amount necessary to supply and install one (1) type 1 streetlight. 2. City agrees to accept the amount set forth in Article 1 in lieu of requiring Brighton to install the one (1) streetlight on N.Ten Mile Road in front of the Subdivision. 3. Upon payment of the amount in Article 1 by Brighton to City, Brightons's requirement to install the one (1) streetlight on N.Ten Mile Road shall be considered satisfied. 4. This Agreement small be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns, and shall survive any transfer by Brighton of Brighton'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. Brighton Development Inc. CITY OF MERIDIAN B By J nathan .Wardle Robert E. Simison, Mayor i