DWT Investments, LLC. Paramount Urgent Care Agreement to Accept Payment in Lieu of Installing Streetlights Mayor Robert Simison
E IDIAN ��� City Council Members
i+ Treg Bernt
Joe Borton
Public Works i L) l4 1-i 0 Luke Cavener
Brad Hoaglun
Department Jessica Perreault
Liz Strader
00
TO: Mayor Robert Simison
Members of the City Council
FROM: Al Christy— Transportation and Utility Coordinator
DATE: 611012020
SUBJECT: AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING
STREETLIGHTS AT PARAMOUNT URGENT CARE
REQUESTED COUNCIL DATE: 6/22/2020
I. RECOMMENDED ACTION
A. Move to:
1. Approve the attached agreement with DWT Investments LLC and Tomlinson
Family Trust.
2. Authorize the Mayor to sign the agreement.
II. 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 Paramount Urgent Care
building 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 Councifffffg&AA46nda June 23,2020— Page 146 of 216
Pursuant to the attached agreement with DWT Investments LLC and Tomlinson
Family Trust, the City will accept the estimated amount of$22,430.00, required
to install two streetlights on W. Chinden Boulevard. These funds will be used to
install the lights after the completion of the W. Chinden Boulevard widening
project. DWT Investments LLC and Tomlinson Family Trust 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 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 $22,430.00. This is the estimated amount
required to install the two 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 DWT Investments LLC and Tomlinson
Family Trust to remit the required funds to the City and receive their development
approval once all other requirements have been met.
VII. LIST OF ATTACHMENTS
Agreement to Accept Payment in Lieu of Installing Streetlights at Paramount Urgent
Care.
Approved for Council Agenda: A L C-)
Page 2 of 2
Meridian City Council eeting Agenda June 23,2020— Page 147 of 216
AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING STREETLIGHTS
AT
PARAMOUNT URGENT CARE
THIS AGREEMENT for streetlight installation, made this 23rd day of June , 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 DWT
Investments LLC, an Idaho limited liability company and the Thomas W. Tomlinson Administrative
Trust Under the Tomlinson Family Trust dated April 7, 1982, both of whose address is 2929 W.
Navigator Drive, Suite 400, Meridian, ID 83642 (hereinafter collectively referred to as "DWT").
WHEREAS, DWT is developing a commercial subdivision at the corner of Chinden Boulevard
and N. Fox Run Way; and
WHEREAS, Paramount Urgent Care has received from City, conditional approval of the
Building Permit for the Paramount Urgent Care at 6357 N. Fox Run Way, Meridian, Building Permit
No. C-NEW-2019-0065; and,
WHEREAS, One of the Site Specific Conditions of Approval of City's approval of C-NEW-2019-
0065 is to install streetlights on all public roadways per the City of Meridian Improvement Standards
for Street Lighting; and,
WHEREAS, DWT is currently unable to install the required streetlights on W. Chinden
Boulevard in front of the Paramount Urgent Care 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 DWT has paid to City the estimated amount necessary to install the streetlights.
NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS:
1. DWT shall pay to City the amount of$16,930.00 as the amount necessary to supply and install
two (2) type 1 streetlights.
2. DWT shall pay to City the amount of$5,500.00 as the amount necessary to supply and install
one streetlight on N. Fox Run Way.
3. City agrees to accept the amount of$22,430.00 set forth in Articles 1 and 2 in lieu of requiring
DWT to install the two (2) streetlights on W. Chinden Boulevard frontage of C-NEW-2019-
0065 and one (1) streetlight on N. Fox Run Way.
AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING STREETLIGHTS
AT PARAMOUNT URGENT CARE- I
Meridian City Council Meeting Agenda June 23,2020— Page 148 of 216
4. Upon payment of the amount of $22,430.00 in Articles 1 and 2 by DWT to City, DWT's
requirement to install the two (2) streetlights on W. Chinden Boulevard and one (1) street
light on N. Fox Run Way shall be considered satisfied.
5. 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 DWT of DWT'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.
[Signatures on following Page]
AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING STREETLIGHTS
AT PARAMOUNT URGENT CARE-2
Meridian City Council Meeting Agenda June 23,2020— Page 149 of 216
DWT INVESTMENTS LLC
an Idaho limited liability company
By: Brighton Corporation, an Idaho corporation, Manager
By:
Robert L. Phillips, President
THOMAS W.TOMLINSON ADMINISTRATIVE TRUST
UNDER THE TOMLINSON FAMILY TRUST 4/7/1982
By: \� " & " --L-f.4
Mark W. Lindsay, Co-Trustee
By: /z/z//�Z
Davl W. Turnbull, Co-Trustee
CITY OF MERIDIAN
By:
Robert E. Simison, Mayor
AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING STREETLIGHTS
AT PARAMOUNT URGENT CARE- 3
Meridian City Council Meeting Agenda June 23,2020— Page 150 of 216