HomeMy WebLinkAboutStreet Light Maintenance Agreement with Traditions for Zebulons CommonsMeridian Idaho
Public Works Department
T0: Mayor Tammy de Weerd
Members of the City Council
FROM: Austin Petersen, Transportation and Utility Coordinator
DATE: February 18, 2014
Mayor Tammy de Weerd
City Council Members
Joe Gorton
Keith Bird
Luhe Cavener
Brad Hoaglun
Charles Rountree
David Zaremba
SUBJECT: APPROVAL OF STREET LIGHT MAINTENANCE AGREEMENT WITH
TRADITIONS BY AMYX II FOR ZEBULON COMMONS SUBDIVISION
I. RECOMMENDED ACTION
A. Move to:
1. Approve the street light agreement with Traditions by Amyx II for the
Zebulon Commons Subdivision; and
2. Authorize the Mayor to sign the agreement
II. DEPARTMENT CONTACT PERSONS
Austin Petersen, Transportation and Utility Coordinator 489-0352
Warren Stewart, PW Engineering Manager 489-0350
Tom Barry, Director of Public Works 489-0372
III. DESCRIPTION
A. Background
The Zebulon Commons development is located off of McMillan Road, between
Locust Grove and Eagle Roads. In lieu of installing standard shoebox fixtures,
the developer of the Zebulon Commons has installed non-standard decorative
street lights. Photometric data has been provided, and these lights have been
installed according to the Department of Public Works Improvement Standards
for Street Lighting. This agreement provides for maintenance of the decorative
street lights by the Homeowners Association with electrical costs to be paid by
the City.
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Mayor Tammy de Weerd
E IDIAN~ Oily Ceueeil Member:
loe Borton
IDAHO Keith Bird
Luke Cavener
Brad Hoaglun
Charles Rountree
David Zaremba
STREET LIGHT MAINTENANCE AGREEMENT: ZEBULON COMMONS
This STRE>;T LIGHT INTE ANCE AGREEMENT ("Agreement") is made and
entered into this L~ day of , 2014 ("Effective Date"), by and between the City of
Meridian, a municipal corporate n organized under the laws of the State of Idaho ("City"), whose
address is 33 E. Broadway Ave., Meridian, Idaho, 83642, and The Traditions by Amyx II, a
limited liability partnership organized under the laws of the State of Idaho ("Developer"), whose
address is 13967 Wainwright Drive, Suite 102, Boise, Idaho, 83713.
WHEREAS, pursuant to Meridian City Code section 11-3A-21(B), the City generally
maintains only shoebox- and cobrahead-style street lights, and requires that decorative street
lights be maintained by the developer or homeowners association under a maintenance
agreement duly executed with City;
WHEREAS, Zebulon Commons is a residential subdivision within the City of Meridian
with thirteen (13) special-order, decorative street lights installed by Developer to satisfy the City
of Meridian requirements for street lighting; and
NOW, THEREFORE, for the exchange of good and valuable consideration, the receipt
of which is hereby acknowledged, the parties agree as follows:
I. COMMITMENTS
A. City's commitments. From the Effective Date of this Agreement forward, City shall be
responsible for paying Idaho Power Company for the provision of electricity required to
operate the thirteen (13) street lights located in the Zebulon Commons residential
subdivision. It is agreed that City will enter into a Schedule 41C Agreement with Idaho
Power Company. Developer acknowledges that street lighting served under the Schedule 41C
Agreement must be controlled by a photo electric device of the "fail ofi" type.
A. Developer's commitments. From the Effective Date of this Agreement forward, Developer
shall be responsible for:
Replacement, as needed to ensure functionality, of: fuses, wiring, bulbs, ballasts, or
photoelectric cells in the thirteen (13) street lights located in the Zebulon Commons
residential subdivision.
2. Replacement and/or repair, as needed due to damage, deterioration, or loss, of the thirteen
(13) street lights located in the Zebulon Commons residential subdivision, and any
component or appurtenance thereof.
II. GENERAL PROVISIONS.
A. Time is of the essence. Developer acknowledges that commitments made under this
Agreement shall be performed in a timely manner. The Parties acknowledge and agree that
time is strictly of the essence with respect to this Agreement, and that the failure to timely
perform any of the obligations hereunder shall constitute a breach of, and a default under,
this Agreement by the party so failing to perform.
B. Heirs and assigns. It is understood and agreed that Developer will assign its rights and
obligations under this Agreement to the Zebulon Commons home- or property owners
association when said such organization is formed. This Agreement and each and all of the
terms and conditions hereof shall apply to and are binding on Developer, City, the Zebulon
Commons home- or property owners association, and these parties' respective heirs,
successors and assigns.
C. Entire agreement. This Agreement contains the entire agreement of the parties and
supersedes any and all other agreements or understandings, oral or written, whether previous
to the execution hereof or contemporaneous herewith.
WITNE S WHEREOF, the parties hereto have executed this Agreement on this
~'/'~ day of ~ , 2014.
DEVELOPER: STATE OF IDAHO )
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I HE BY CERTIFY that on this l~ day of
Todd Amyx G'1~ , 2014, before the undersigned, a Notary
ublic in the to of Idaho, personally appeared Todd Amyx,
proven tom o be the person who executed the said
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