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Home My WebLink AboutStreetlight Agreement with Capital Development, Inc. for Baldwin Park #3 5. ADA CDUNTY RECDRDER J. DAVID NAVARRO BOISE IDAHO 11/17103 09:52 AM I DEPUTY Bonnie Oberbillig ~;~i~~a~Eg~REQUEST OF 1111111111111111111111111111111111111 JMOU!!L--M_- 103193118 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Capital Development Inc., pertaining to the street lights in Baldwin Park III, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: I. Capital Development inc has provided 6ea. Single head and 3ea. Double head street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Baldwin Park III in Meridian, Idaho. The parties acknowledge that the 6ea. Single head and 3ea. Double head street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Capital Development inc, 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, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Capital Development Inc, 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. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 6ea. Single head and 3ea. Double head street lights located in Baldwin Park III 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 off' type. It is understood and agreed that Capital Development Inc will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. !':TRRFT T .rOHT AORFFMFNT POP" 1 This AGREEMENT shall be binding on Capital Development Inc. its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this .Jo~ day of &GÞ~ ,20 &3 . CITY OF MERIDIAN, a municipality and Political subdivision of the State ofIdaho By IJ~ / , Robert D. Corrie, Mayor ATTEST: 5\dCö~ Capital Development Inc. ATTEST: ~~Ifr/~i- S~~~ ( 1c.. Õ ~TRFFT T InHT AnRFPMFNT P."" ? STATE OF IDAHO, ) : ss. County of Ada, ) On this It--¥Jay of ¡VÓ¡/f/VIIL,[rJ.v\. ,20 ()6, before me, the undersigned, a Notary Public in and for said State, personally 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 ~...9_N~N;.. .' " O'fA.4' ,":?j.~. :<;,)/~ ......\....~ : : \ ~ . : : . ~ \ : : . . C ' . .. .s." fcJm.,~ ~~. . ~;;,----,;<;?-:.,' ."".,OF ",.. ..'n.'. ShaJ)f)11~~ NOTARY PUBLIC FOR IDAHO. RESIDING AT .4dø.Ú)(¡þffi;r<!fd¡,.v MY COMMISSION EXPIRES - ZfS -()<) STATE OF ,) ,) : ss. County of On this ~ day of DiltöÞer ,2003, before me, the undersigned, a Notary Public in and, for said State, personally appeared RC\tY\o n\!o í~Ol <;.of) and ffiO-fI Ll ~ ~r~~o~ known to me to be the Presi ent and Secretary of r Of i~ ,::¡JP 10 n:çVl(\ ., and who executed the within instrument on behalf of said corporation, and acknowledge 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 first above written. ",..11....... """ 0 KELt ""'~ SEALl'~~~ ....~~;.\ ¡ ~ ....O'tAR¡' .. '\ : T.- : !ir - Co = \ ÞU.\.~ 0 I '\ .s> ~~-.J' ~....t., 1'8 Of \~ ".........."" ~A2~ NOT Y PUBLIC FOR IDA RESIDING AT ~~. tddLM MY COMMISSION EXPIRES D' ~I. oCi ~TRFFT T IOHT AORFFMFNT p""" 1 Meridian City Council November 5. 2003 Page 3 of 76 Bird: Yes. If they so require. Yes. De Weerd: Okay. Second agree? Nary: I would agree. Just because I didn't hear, just to be sure, so on 16 and 17 what I heard Mrs. Powell say is we were going to keep it on the agenda -- Bird: We are going to keep that on the agenda, Nary: Okay. Great De Weerd: Okay. Well, it's been moved and seconded to approve the agenda as amended. All those in favor say aye. Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 3. A. C. Consent Agenda: Approve minutes of October 21, 2003 City Council Regular Meeting: B. Continued from October 28, 2003: Findings of Fact and Conclusions of Law for Approval: AZ 03-019 Request for annexation and zoning of 16 acres from RUT to R-8 zones for proposed HiqhQate Subdivision by Harris Homes, LLC - 2700 North Meridian Road: Continued from October 28, 2003: Findings of Fact and Conclusions of Law for Approval: PP 03-023 Request for Preliminary Plat approval of 74 building lots and 10 other lots on 15.68 acres in a proposed R-8 zone for proposed Hiqhqate Subdivision by Harris Homes, LLC - 2700 North Meridian Road: D. Continued from October 28, 2003: Findings of Fact and Conclusions of Law for Approval: CUP 03-039 Request for a Conditional Use Permit for single-family residential Planned Development with a mix of attached and detached housing in a proposed R-8 zone for proposed' Hiqhqate Subdivision by Harris Homes, LLC - 2700 North Meridian Road: E. Development Agreement: AZ 02-028 Request for annexation and zoning of 81.54 acres from RUT to R-8 and L-O zones for proposed Cedar Sprinqs North Subdivision by Howell-Murdoch Development Corporation - south of West McMillan Road and west of North Meridian Road: Meridian City Council November 5. 2003 Page 4 of 76 F. G. J. Non-Development Agreement: AZ 02-028 Cedar SprinCis North Subdivision for Lot 18 Block 13: Water Main Easement for Idaho BankinCi Companv: H. Sewer Main Easement for Idaho BankinCi Company: I. Streetlight Agreement for Cobblefield CrossinCi No.1: Streetlight Agreement for Baldwin Park No.3: L. Lease for Fire Safe House between the Meridian Fire Department and the Meridian Rural Fire Protection District and Joint School District No.2: M. Public Pedestrian Easement along Ridenbaugh Canal for § Dorado Business Campus: N. Approve Bills: De Weerd: Item Number 3 is the Consent Agenda. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we approve the Consent Agenda with one exception. 11em Number K needs to be moved 10 5-K on Ihe Regular Agenda, because Ihere are some queslions we have go110 -- need answered on Ihat I believe our Parks Departmenl is - - I thought -- yes. She's here, so -- we move that 10 5-K and Ihallhe Council Presidenl sign and the Clerk al1est 10 all proper papers. De Weerd: Okay. Do I have a second? Nary: Second. De Weerd: Okay. II's been moved and seconded 10 approve Ihe Consenl Agenda, wilh Ihe exceplion of moving Item 3C 10 five -- or 5-K -- or 3-K 10 5-K. Bird: 5-K. De Weerd: And ask the Council President to sign and Clerk attest Mr. Clerk, will you call roll. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Meridian City Council November 5, 2003 Page 5 of 76 MOTION CARRIED: ALL AYES Item 4. Department Reports A. Meridian Police Department: 1. Discussion of Officer Ballistic Vests: De Weerd: Okay. Four. Department reports. We start with the Meridian Police Department. Chief Musser. Musser: Madam President, Members of the Council, I know there has been some questions as to what the status of the Meridian Police Department is in regards to the ballistic vests that have been in the news as of late. Part of the reason I'm here this evening is just to go ahead and update you on that. The Department's really in pretty good shape in regards to that. We only have four of our officers that are affected by the Second Chance Ultimate Vests that are in question right now. One of the things I wanted to let you be aware of is that will probably be a replacement issue for the department in this budget, looking at the approximately to 2,520 dollars to do that replacement, so we can immediately get them out of service. I believe we can probably do it within our current budget. However, if we do go long in uniform and equipment, that would probably be the main reason why and I just wanted you to be aware of that and I'll stand for any questions if any of the members have any questions on the issue. De Weerd: Council, any questions? Bird: I have none. Thank you. De Weerd: No. Thank you, Chief. Musser: Thank you. B. Anna Powell. Report De Weerd: Okay, Anna, we'll move on to Item B. Powell: Madam President, Members of the Council, I'm sorry to barge my way onto the department reports, again, and not make the agenda. Yet, again, I met with Ada County staff and was kind of thrown a curve ball regarding the adoption of our Comprehensive Plan, so I wanted to give you an update. We -- last week we discussed the issues of the definition of rural area and the adoption of the -- or withholding Building Permits until they are able to take care of the park plan fees and I think we got those issues resolved. They have raised a new issue in the term rural area residential development. They want more guidance from the City Council on exactly what that term might mean and, specifically, I think we have narrowed it down to -- I'm pretty