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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