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HomeMy WebLinkAboutStreet Light Agreement with Kevin Howell Construction for Cedar Springs " ADA CDUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 03124/03 09:25 AM DEPUTY Michelle Turner RECORDED-REQUEST OF Meridian city 8 Mn"NT nn 1111111111111111111111111111111111111 11331346291 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and J.e-U ,.j ttö V\I e1 L C à VI. ",J-. , pertaining to the street lights in é6Ì)M;? ':ÝpVI ~"ð" <; .... ß . , a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: I. ~~ Cd",,>J-, has provided 1 street light poles, concrete pole bases, f~ures, bulbs, and components to the residential development known as c...e~ S?,rc V\ 6'" in Meridian, Idaho. The parties acknowledge that the -L street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 'K.ÐJwJ ~O~(ò ,..".J-., or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereof, that may hereafter be broken, damag. ej?,r d,ete~ated, or re.quire maintenance, at its own expense; and it is further agreed that U1N ~ (CJVt-<¡J--. , or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn out and that the City will allow reasonable time to replace them. 2. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the -L street lights located inC Ð~lM2- ~Dnk(}~ "?....ß in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail oft" type. It is understood and agreed that ke:u / tÙ ~. (~ will assign its rights and obligations hereunder to Ce'OlkfL ?"" "~~ ~ 0 '^ when said Homeowners Association is formed and operational. 5. STREET LIGHT AGREEMENT Page 1 This AGREEMENT shall be binding on kß;u'N I-k>--ù~ Úil'l""+-' . its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this 5"~ day of ñt",.."",-'1.- (/ ,20~. CITY OF MERIDIAN, a municipality and Political subdivision ofthe State ofIdaho ATTEST: K~(//~ A, Hov<J¿(( Bf){ . A 1LM President ATTEST: Secretary STREET LIGHT AGREEMENT Page 2 ~ STATE OF IDAHO, ) : ss. County of Ada, #.- On this$day of F..-h-u. ~ ,20~ before me, the undersigned, a Notary Public in and for said State, perro lly appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, 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 first above written. SEAL ttÅ~Æ (~A'.J NOTARY PUBLIC FOR IDAHO RESIDING AT 7'L~ MY COMMISSION EXPIRES //-d}.A)'¡' STATE OF IdAho ,) County of AdA : ss. ,) On this !:"" day of ¡:OlE' b"uA-r') ,20~, before me, the undersigned, a Notary Public in and for said State, personally appeared (EV//IJ A. fuw~ I) and known to me to be the President and Secretary of kevIIII ¡'¡"IA) e..11 ~I'I S7t2. uc,rló"'¡ ., and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affIXed my official seal the day and year flfst above written. """""'" ,,'" .. .'*~ '~"~~ ......~4~,;.' SEq~ ~ v ...~.. I: 11(, ~ \1>0\ ¡ < - ø:I :0: :..: ""0':' :l:I; .. "". A. 1:1, l{o.,iI/ "'q>'" .' '0;' I: "" 4 ~ ..........., .,~ .,~ """~S .. ...~.., """""" ~<~L-- NÓT ARY PUBLIC FOR IDAHO RESIDING AT ßO/JfF rc7.4-1í <:> MY COMMISSION EXPIRES Z. / ¡., / 0 ~ STREET LIGHT AGREEMENT Page 3 Meridian City Council Meetina Februarv 18. 2003 The Regular Meeting of the Meridian City Council was called to order at 7:00 P.M., on Tuesday, February 18, 2003, by Mayor Robert Corrie. Members Present: William Nary, Tammy de Weerd, Keith Bird, and Cherie McCandless. Others Present: William Nichols, Brad Hawkins-Clark, Brad Watson, Ken Bowers, Bill Musser, Dean Willis, and Will Berg Item 1. Roll call Attendance: ----2L- Tammy de Weerd ----Ã-. Bill Nary ----2L- Cherie McCandless -L Keith Bird ~ Mayor Robert Corrie Corrie: All right. I will open the Meridian City Council Regular Meeting, Tuesday, February 18, 2003, at 7:00 P,M. and at this time, I'd like to have roll call attendance, please. City Clerk. Item 2. Adoption of the Agenda: Corrie: Okay. Item 2 will be the Adoption of the Agenda. Council, any additions, corrections, changes to the agenda? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Item 8 on the agenda has been requested by the developer to be moved until February 25, 2003. That's the Gemtone Center Subdivision Public Hearing, and the Baltic Place Subdivision -- we just got that. What are they - oh, they request for two weeks on February 4th. I guess that's -- with that, I would - with that one change. I would move that we adopt the agenda as published. McCandless: Second. Corrie: Motion has been made and seconded. Any further discussion? Hearing none, all those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 3. Consent Agenda: A. B. Approve minutes of January 14, 2003 Pre-Council Meeting: Dog License Agreement with Treasure Valley Veterinary Clinic: Meridian City Council Meeting February 18. 2003 Page 2 0121 J. C. D. Dog License Agreement with Meridian Veterinary Clinic: Dog License Agreement with Intermountain Pet Hospital: E. F. Dog License Agreement with Pet Care Clinic: Resolution No. 03-399: Establishing a Cash Receipls Procedure Policy for the Finance Department for the City of Meridian: G. H. Baldwin Park Subdivision No.1 Streetlight Agreement: Cedar Springs Subdivision No.1 Streetlight Agreement: I. Approve I Award Bid for Drilling of Exploratory Test Well for Well No. 25: Approve Change Order for Well No. 14 Modifications - Star Construction: K. Agreement for Services, Civil Survey Consultanls - Victory Road Water Main Design: L. License Agreement with Nampa & Meridian Irrigation District - Five Mile Drain Water Main Crossing: Corrie: Item Number 3 is the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we approve the Consent Agenda as noted and for the Mayor to sign and the, Clerk to attest on all proper papers. Nary: Second. Corrie: Motion has been made and seconded to approve the -- all items on the Consent Agenda, A through L. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion is approved. MOTION CARRIED: ALL AYES Item 4. Department Reports Corrie: Number 4, Department Reports. Are there any Department Reports?