HomeMy WebLinkAboutStreet Light Agreement with Pacific Development, Inc. for Cobblefield #1
ADA CDUtlTY RECORDER J, DAVID NAVARRO
BOISE IDAHO 11/17/03 09:52 AM
DEPUTY Bonnie Oberbillig
RECORDED-REQUEST OF
Meridian City
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103193117
STREET LIGHT AGREEMENT
This Street Light Agreement is made and entered into between the CITY OF MERIDIAN
and Pacific Development Inc., pertaining to the street lights in Cobblefield Crossing # 1, a
residential development in Meridian, Idaho.
For good and valuable consideration, the receipt of which is hereby acknowledged, the
parties agree as follows:
1.
Pacific Development has provided 1 street light poles, concrete pole bases, fixtures,
bulbs, and components to the residential development known as Cobblefield Crossing # 1
in Meridian, Idaho. The parties acknowledge that the 1 street light poles and
appurtenances were specially ordered items, not customarily used in residential
developments in Meridian, Idaho.
2.
Pacific Development, 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 Pacific Development, 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 1 street lights located in Cobblefield Crossing # I 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.
5.
It is understood and agreed that Pacific Development will assign its rights and obligations
hereunder to Cobblefield Crossing # I when said Homeowners Association is formed and
operational.
STREET LIGHT AGREEMENT
Page 1 of 1
."
This AGREEMENT shall be binding on Pacific Development. its heirs, successors and
assigns, and the CITY OF MERIDIAN,
Dated this
2 iff!::- day of
tJ 0/79 ~
,2003 .
CITY OF MERIDIAN, a municipality and
Political subdivision of the State ofIdaho
By
4Si ;;:-; J ;
, Robert D. Corrie, Mayor
ATTEST:
~~
Pacific Development
ATTEST:
BY(}~
resident
Secretary
STREET LIGHT AGREEMENT
Page 2 of2
STATE OF IDAHO, )
: ss,
County of Ada, )
On this !'l-~ of IV 0 (fAM..JxÆ , 20 03 , 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
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NOTARY PUBLIC FOR IDAHO
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On thiÆ day of6~ , 20.00, befo me, the ndersigned, a Notary Public
in and for said State, personally appeared and
known to me to be e President Secretary of Pacific
Development., and who executed the within instrument on behalf of said corporation, and
acknowledged to me that said corporation executed the same.
STATE OF
: ss.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above ~"'-- .
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STREET LIGHT AGREEMENT
Page 3 of3
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.
D.
E.
Consent Agenda:
A.
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 Hiahaate Subdivision by Harris Homes, LLC - 2700
North Meridian Road:
C.
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 ina proposed R-B zone for proposed Hiahaate
Subdivision by Harris Homes, LLC - 2700 North Meridian Road:
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-B zone for proposed Hiahaate Subdivision by Harris
Homes, LLC - 2700 North Meridian Road:
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 Sprinas 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.
Non-Development Agreement: AZ 02.028 Cedar Sprinqs North
Subdivision for Lot 18 Block 13:
G.
Water Main Easement for Idaho Bankinq Companv:
H.
Sewer Main Easement for Idaho Bankinq Company:
I.
Streetlight Agreement for Cobblefield Crossinq No.1:
J.
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. Item
Number K needs to be moved to 5-K on the Regular Agenda, because there are some
questions we have got to -- need answered on that. I believe our Parks Department is -
- I thought -- yes, She's here, so -- we move that to 5-K and that the Council President
sign and the Clerk attest to all proper papers.
De Weerd: Okay. Do I have a second?
Nary: Second.
De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda, with
the exception of moving Item 3C to five -- or 5-K -- or 3-K to 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