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HomeMy WebLinkAboutStreet Light Agreement with Brighton Corporation for Ashford Greens Sub~Y~~~-I ~ I~ I~ ~ R~CaRDED - REQUES QF ~QA CUUNTY RECO€tD~R ,t.1)AViQ NAVARRD :~~it~k , !tr?a~~ EEE___.__DEQUTY w STREET LIGHT AGREEMENT ~~/ ~ ~ O 0 ~ ~ ~ g g ~ "~ This Street Light Agreement is made and entered into by and between by the CITY OF MERIDIAN and BRIGHTON CORPORATION, pertaining to the street lights in Ashford Greens Subdivision, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: Brighton Corporation has provided four (4) street light poles, concrete pole bases, fixtures, bulbs, and ballasts to the residential development known as Ashford Greens Subdivision No. 3 in Meridian, Idaho. The parties acknowledge that the four (4) street light poles and fixtures were specially ordered items, not customarily used in residential developments. 2. Brighton Corporation (Ashford Greens Owners Association) or its assigns, agrees to replace, repair and provide any required maintenance of any of the above mentioned street lights, globes, ballasts, and/or components thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Brighton Corporation or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that globes, and/or ballasts, do burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the four (4) street lights located in Ashford Greens Subdivision No. 3 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain globes and ballasts 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 provides that Idaho Power would provide maintenance, globes, and ballasts. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photoelectric device. 5. It is understood and agreed that Brighton Corporation will assign its rights and obligations hereunder to Ashford Greens Owners Association. ASHFORD GREENS SiIBDIVISION-Street Light Agreement Page 1 6. This AGREEMENT shall be binding on Brighton Corporation, its heirs, successors and assigns, and the City of Meridian. DATED THIS ~ day of ~~'' , 2000. CITY OF MERIDIAN, a municipality and political subdivisian of the State of Idaho. SEAL ) r J~ r',p~ ~j~y~q~"~7' ,~k3'S rf/~'' J, q ~IY 0 ~ ~~~~~'irariii r~~s~ Byc ~~°i CORPORATION President TES Secretary ,~ ASHFORD GREENS SUBDIVISION -Street Light Agreement Page 2 STATE OF IDAHO ) ss. County of Ada ) On this day of c~~~~ 2000, before me the undersi ned a - ~ ~ g , Notary Public and for said State, personally appeared ~p~-~- ~ . brri.~. and w ( ~ la ~ Gr-© ~ of the CITY OF MERIDIAN, a municipality and political subdivision of the State of Idaho, known to me to be the Mayor and City Clerk of Meridian, Idaho, who subscribed their names to the within and foregoing instruments in their capacity as Mayor and City Clerk, and acknowledged to me that they executed the same in the name of the CITY OF MERIDIAN. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) • '~. ~ : uG •. ~,y~~O T~p~, ~ • i ~~ i i ~~':;~'OFID~p:'~• ~~r^~~ STATE OF IDAHO ) ss. NOT Y UBLIC FOR IDAHO Residing at Meridian, Idaho Commission Expires: ~ ~ 60 County of Ada ) On this~~ day of L 2000, before me, the undersigned, a Notary Public in and for said State, personally ap eared David W. Turnbull and Loretta Taylor known to me to be the President and Secretary, of Brighton Corporation, who subscribed there names to the within and foregoing instrument and acknowledged to me that they executed the same on behalf of said Corporation as President and Secretary. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~'~~®9a ~e~~ a~ ®rao®'®e. q0 ~~~,~~r~' f:,p L l uq. r%A ~N "'tQ~'~~~`ai:~~"~ ~ ss ti - ~ A :*~ i ~ e v B ~3G ~~~ w~ e~D'svAnn~a~~~~ LI Lt~ ~ ~1~Y' NOTARY LIC FOR IDAHO Residing at Meridian, Idaho Commission Expires: ~~ ~~-alJDS ASHFORD GREENS SUBDIVISION-StreetLightAgreement Page 3 - Meridian City Council January 18, 2000 Page 4 Item C. Tabled 12/21/99: Findings Of Fact And Conclusions Of Law: Request for conditional use permit for 283-lot planned development for proposed Woodbridge Subdivision on 80.83 acres from R-T to R-4 by Woodbridge Community, LLC -south '/z of the NW '/4, section 17, T3N, R1 E: Item D. Tabled 1/4/2000: Findings Of Fact And Conclusions Of Law: Request for annexation and zoning of 150.79 acres of land for R-4 zoning by Bear Creek, LLC -east of Stoddard Road and south of Overland Item E. Tabled 114/2000: Findings Of Fact And Conclusions Of Law: Request for preliminary plat for proposed Bear Creek Subdivision of 326 single-family dwelling lots by Bear Creek,. LLC -east of Stoddard Road and south of Overland: Item F. Tabled 1/4/2000: Findings Of Fact And Conclusions Of Law: request for conditional use permit commercial subdivision mini- storage on Lot 2 of proposed Overland Mini Storage Subdivision By Overland Mini Storage, LLC -1230 East Overland Road: Item G. Proposal by Gary Smith concerning Latecomer Fees: Item H. Building Inspectors -Contract for Services: Item I. Streetlight Agreement with Brighton Corporation for Ashford Greens No. 3: Corrie: Okay. Council, we have the Consent Agenda, Items A, B, C, D, E, F, G, H and I in front of you. What is the pleasure of the Council on these Items? Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: On the Consent Agenda, I would move that we approve Items A, B, C, H and I; that we pull D and E and send back to open a public hearing on 2/15/2000 and we table Item F. Item G will be coming before us on the 28th in our workshop. Anderson: I'll second that. Corrie: Okay. Motion's made and seconded to approve Item A, B and C, H and I; to have Item D and E to be placed - re-opened for a public hearing on February 15, 2000; and Item G will go onto the workshop on the 28th of this Meridian City Council January 18, 2000 Page 5 month, and Mr. Bird, did you want F to be tabled to the next meeting or just tabled for the night? Bird: Tabled until February 1St, I believe we - Corrie: To February 1St Bird: Uh-huh. I'm sorry. Corrie: Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Okay. Council, we have apossibility - if Item No. 7 and 8 would be opened to the public hearing, open those both up as a public hearing to hear the annexation and zoning and the conditional use permit. Is there anyone that's here for the Magic View Office Complex have any problem with that? Just a little timing as far as opening it up together. Just open them together. And Item No. 9 and 10, the same thing; open them both up for public hearing at the same time. They'll be handled differently. Council, does that meet with your approval? McCandless: Yes. Bird: Yes. Item 1. Reconsideration of Police Grant (hiring two officers): Corrie: Okay. Item No. 1 on our Regular Agenda. is reconsideration of the police grant, hiring two officers. Chief Gordon. Gordon: Mr. Mayor, Council members, what I've handed out was a reproduction of what I handed out the last time I brought this issue before you. One exception is on the front there. The closing date at that time was December 13t". I have been able to obtain an extension to January 27t" on this grant. Here again, I bring this back because I think it's extremely important because of the growth of the City that we accept this grant and put these two officers on the streets as soon as we can get them out there. The costs to the citizens of Meridian is half of what it's going to be over athree-year period, and even if we don't use them or you don't think we need them this year, if we hire them next year, we can't use this grant. This grant is a continuing grant. We've already hired eight officers on the grant. I don't know how long they're going to continue funding it. It was just re-funded again for next year, so I can re-apply at that time for more officers, manpower. The need is there. I've given you in the facts sheet, some stats. I was just sitting over here waiting for my return in the front here, and just an example of what has happened since we started keeping statistics, on Page 7 of ~* TX CONFIRMATION REPORT *~ DATE TIME TO/FROM 13 01/12 16 17 PUBLIC WORKS AS OF JAN 12 '00 16 18 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS OF--S 00'53" 004 129 OK BYZ~~Z~012 Corporation Post-It°° Fax Note 7671 0 ~ pa°gcs~ To m / L 0' Co.~DepG Co. Vnone ~ ~ ne p Fax # a« January 11, 2000 c~~.D ~qN ~ 2 2000 CITY pjt' j6IE~RIII)~ Mr. Will Berg City Clerk City of Meridian Post-it® Fax Note 7671 oat 33 E. Idaho Avenue To ' ~ Pages- Meridian, ID 83642 F~ '" Co./Dept. ~~ Co. ~: Ashford Greens No. 3 Pnone # Street Light Agreement Fax # one # ax Dear Will, Attached please find a Street Light Agreement between the City of Meridian and Brighton Corporation regarding Ashford Greens No. 3. Please review and if acceptable, please have executed and notarized, and return a copy to our office. If you need further information, please give me a call, Since , ~~~~1~~ Becl*y Hanks Brighton Corporation Enc. 12426 W. Explorer Drive, Suite 220 Boise, Tdaho 83713 TEL 208-378-4000 FAX 208-377-8962 ! Brighton