HomeMy WebLinkAboutDept Report 01-08-02
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CARMEL/CLAY PLAN COMMISSION
SUBDIVISION COMMITTEE
DEPARTMENT REPORT
January 8, 2002
6. Docket No. 139-01 PP; The Ridge at Hayden Run (primary Plat)
The applicant seeks approval to plat a lOS-lot residential subdivision on 74.347:1: acres.
The site is located on the south side of West 1415t Street approximately one half mile
west of Towne Road. The site is zoned S-IIResidential.
Filed by Dennis Olmstead of Stoeppelwerth & Associates, Inc. for Centex Homes.
The Public Hearing for this item was at the December 18th Plan Commission meeting.
Comments from the meeting as well as direction form the Commission included the following:
1. Provide landscape plan (see attached).
2. Move forward on Traffic Impact Analysis.
3. Provide draft of commitment regarding required level of improvements to perimeter
streets.
4. Provide an overall plan of the area displaying the connectivity being established through
the many proposed developments. (roads, paths, open space, etc.)
The applicant has addressed these items with the Department and should come prepared to
display the material to the committee at the meeting. Many of the items for this proposal are
identical to the Lakes and Hayden Run Subdivision. Perhaps the overall issues for both
subdivisions could be discussed at the same time and the individual concerns separately. The
proposed landscape plan is attached to this report.
The following has been provided as addition background regarding the proposed primary plat:
The applicant is proposing a lOS-lot subdivision. The subdivision stubs to the east and west
providing for the extension of 136th Street between Towne Road and Shelborne Road. The
Commission will see this connection continued in the proposed Hamptons Subdivision that has
requested to be tabled until the January 15th meeting. The Thoroughfare Plan supports the
proposed connections.
The above mentioned road segment would ultimately be one portion of a roadway that will
connect new developing areas between Towne Road and West Road. The proposed Claybourne
subdivision approved in December picks up another segment of this same collector west of
Shelbome Road. In addition, we will see how other petitions such as the proposed Hamptons
and the Lakes at Hayden Run subdivisions incorporate the collector extensions.
Committee Report 2002-1-8.rtf
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We have requested and the applicants will be providing a traffic impact analysis for the proposed
developments. This infonnation will be available in January. Once this has been received it will
provide us with the ability to detennine the appropriate location for future roadway
improvements. The applicant will be addressing the required roadway improvements and
memorializing them by commitment. The commitment will be in a similar fonnat to the one
prepared for the Claybourne subdivision. The Department should have a final draft of the
proposed commitment and an opportunity to review it with Mr. Molitor by the meeting date.
One Subdivision Waiver will be requested. The applicant is not providing the north south
collector roadway identified in the Thoroughfare Plan. This waiver request will be filed for a
Public Hearing at the January Plan Commission meeting. The applicant has proposed providing
other roadway improvements in lieu of providing this collector segment. This issue may be
addressed in a similar manner to the above-mentioned commitment regarding perimeter roadway
improvements. The Department requests discussion of the pending waiver request at this
meeting of the Committee.
The Department recommends that the Subdivision Committee forward this request to the
fuIl Plan Commission with a favorable recommendation subject to the acceptable
resolution of the above-listed items.
Committee Report 2002-1-8.rtf
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CENTEX HaMES
'.
January 7, 2002
Corporate Office
Mr. Jon Dobosiewicz
Planning Administrator
City of Carmel
One Civic Square
Carmel, Indiana 46032
~'
RECENEU ~
J~\' ,~ 200,-
DOCS
6602 East 75th Street
Suite 100
Indianapolis. IN 46250
Phone: 317-915-2200
Dear Jon:
RE: The Lakes and Ridge at Hayden Run
Attached is a copy of the signed Traffic Impact Analysis Contract for the above mentioned projects
indicating Centex's commitment. Also attached is a copy of a sample Cinergy street light service
agreement for distribution to the Planning Commission to answer questions of maintenance and ownership
responsibilities of the electric company and not the neighborhood HOA. As well, Centex will be bringing
an exhibit to the January 8 Subdivision Committee meeting to address questions of pedestrian trail
connectivity between neighborhoods.
Please call with any questions and thank you for your assistance in this matter.
Sincerely,
CENTEX HOMES
?!5~
Thomas L. Kutz, P.E.
Land Development Manager
TLK/tlk
t:ENTEX HOMES
January 7, 2002
Corporate Office
Steve Fehribach
A&F Engineering Co., LLC.
8425 Keystone Crossinq;, Suite 200
Indianapolis. Indiana 46240
6802 East 75th Street
Suite 100
Indianapolis. IN 46250
l='honf!: 317-915-2200.
Dear rteve:
RE: Hayden Run, The Lakes at Hayden Run, and The Ridge at Hayden Run
"
Attached is a signed copy of the Traffic Impact Analysis for the above mentioned projects. Centex has an
agreement with Trinity to represent them in the Primary Platting of The Lakes at Hayden Run and therefore
will execute this contract for that project as well as the others noted above. By execution of. this contract,
Centex is agreeing to the costs" distributed by project acreage as handwritten on page 1 of the contract. .
Therefore, Centex agrees to the fee of $2,257.25 for Hayden Run, $3,646.46 for The Lakes at Hayden Run,
and $3,357.87 for The Ridge at Hayden Run fora total fee of$9,261.58. It is assumed that additional
ser:vices provided at the hourly schedule will be distributed by project acreage as well. It is our
understandin~ that the Traffic Impact Analysis will commence after the holidays to obtain accurate traffic
counts.
If you should have any questions, please c~ll.
Sincerely, .
~
. " CENTEX HOMES
..2k
;;':::as L. Kutz, P.E.
Land Dev~lopment Manager
TLKltlk
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'A& F ENGI.~EERING Co., LLC.
ENGINEERS & PLANNERS
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STEVEN .I. ,.EHRIQACH, '"'E.
VI.cC PIlI;I;lO~1llT
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January 3. 2002
I
Mr. Tom Kurz
Centex Homes
. 6602 E. 7 s'h SucC\
. Flndlanapolls, IN 46250
Mr. Jim McKenzie
Trinity Homes, LLC
865 W. Carmel Drive
.Carmel, !N 46032
Mr. Roger Kessler
logan Limited
10200 Lante.m Road
Fi.shers, IN 46038
Mr. Alan Klinem:m
398 Ventura COUrt .
Indianapolis, IN 46290
Mr. 'Ray 'Roehling
11722 Bradford.Place
Camlel, IN 46032
Dear Sirs:
Enclosed please find our pro~osiU 10 pn..-p&.re a Tmffic Impacl Analys~s fOt lhe proposed dcvtlopme.n1S Cound in an area
bounded by 126\l1 Slreet, 141 Street, Town Road and Snelboume Road. in Hamilton County, Tndlana. . .
The lump sum f~ 10 preplU'l: lhis analysis, bll..lied on Lhe detailed scope of work, is oullined in tlie altached proposa.l. The
tlrpe... for all meel1ng.'1 :Lie.excluded in the p'l'o~sal.
'l~ this prOpOs~ Is .acceptable please sign t?elow and retum one copy to us.
The undelSlgned shall be jointly and severally liable for tile entire conuact lnl0unt. However, A&F.Engineexing will bill
each .company/owner individually for their portion once rhe parties have determined the amount each company is
respon~ib1e fOl".
We than~ you for the opportunity to malce this proposal.
Sincerely,
. A&F Engineering Co.. LLC
s~~~
Vice President
. \ss
. cc:: Mr. Chris White - CR White Development, LtC
This proposal is llC~pted and A&.F Engineering Co., Ltc Is authodzed to proceed.
Mr. R~ger Kessler, Logan Limited
Mr. Ray Roehling
AI
Mr. Alan Xlincman .
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. SUITE 2.00 - INDIANAPOLIS,.INCIANA 48240 -' TELEPHONE (317) 2.0Z'0136~
. 'FACSIMI'-E (317) 202-C,.~CO
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A&F ENGINEERING CO., LLC
PROPOSAL FOR
TRAFFIC IMPAcr ANALYSIS
A. PURPOSE
(,
The purpose of this analysis is [0 review the traffic that will be generated for the proposed
,lid uses. The follo~ng will be addressed in the Stud~:
1. To review the traffic conditions as they exist at the study area. This phase of the .
study will determine the operation.a1 conditions as ,they now exist today.'
, .
2.
To review the traffic conditions at the study intersections with the added traffic
~om the proposed developments. This phase of the study will determine the
operational conditions of the road system based on the s\Jm of existing traffic plus
future traffic volumes.' " ",
3. To make recommendations that will ensure safe ingress and egress from the
proposed developmen,t.
B.
STUDY AREA
1, ' The following intersections will be studied as part of this Tri,lffic Operations ,
Analysis: . ,
a.. 126Lh Street at Shelbourne Road
b. 131 III Street at She1boume Road
c. '141 Sl Street at Shelboume Road
d. 146m Street at Shelboume Road
e. 146m Street at Town Road
f~ 1411:f Street at Town Road
g. 136m Street at Town Road
h. 131'1 Street at Town Road
1. Future Access Points and-Roadways (see figure I)
.2. ' ~e following projects will ~e ~eviewed'as part of this analysis:
fz, 2.s,7. z.s-' '/-'1. 99k:':-a~' Centex at 131 Sf Street ;.. ~Aype~"j2.u~
';1;',S3,Q!3 -:)1f.S' Ac._b. Klineman at 131sC Streel
'-'.3. i..u;. 6b.i'l-A<.~' Trinity at 13151 Street to 136th Street - ,.~e ~A.~ c:2..' ~~ ~
st III '
- } So?.. q..s::~~ 3'? .0.\ Ac,,_d. Kessler at 131 Srreetto 136 Street.. S"~~I..160u",,~," G'f\tCI-
~e t:i~o.3S, :'- /9S.If~_e. Thompson al131it Street and Shelboume Road - e~l56"'.4Jt!'
!ft3~7. 9~j~3S..,.~-f. Centex at 136thSlreetto 141stStreet -1'>4e. ~IObi€ <:!.. "P1'ge~ (2.IW
:.f.t::::'qq--;:~~' ,,'f.8J Ac.-g. Roeling at 136m Street to 141M Stre~t- T\lre. 'I\.~S
.' '-~".---.
11 ::roTA '-
1.$. 8~ ,co ~3 7.fJ~ ItG. (See figure 2 for locations of parcels)
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, , C. SCOPE OF WORK
The scope of work for this project is:
Existing Conditions
1.
Conduct peak hour turning movement !:rafflc volume counts at 'each of the
existing study intersection~. These cQunts wjl1 be made between the hours of 6:00
AM to 9:00 AM and 3:00 PM to 6:00 PM.
2t
"Determine the existing capacity level for each intersection based on the existing
geometric.~ and existing traffic volumes.
Existing Conditions Plus Future Traffic Volumes
,.
3.
Estimate the number of trips that will be generated by the proposed developments.
4. As'sign and distribute ~e generated trips from the proposed. developments to the
, existing roadway system and the future parkway syst~m.
5. Summarize lhe generated trips from the proposed development and the existing
traffic volumes on th~ existing roadway system to determine the future total
traffic volumes.
6. Detennine the capacity level for the study intersections with the added traffic " ,
, 'volumes from each of the proposed developments'. ,
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Report
7. Prepare a Traffic Impact Analysis Report documenting all data., analyses,
conclusions and recommendations to provide for the safe and efficient movement
of traffic through and around this proposed site.
Meetings
8. Attend meetings to submit, review and ,explain the findings of the report including
-attendance' af any zoning related meetin-gs. .
D.
FEES,
. ..' .. '.
1. The lump sum fee to provide the services outlined in the Scope of Work items 1
through 1 is $28,800.00.
,2. ,Meetings A All meeting ~imes will be billed based on the hourly rate schedule.
, 3. . Additional Services. Following the acceptance of the initial report, all additional
. services will be billed on the basis of our HOURLY RATE SCHEDULE.
However, a lump sum or maximum fee will be offered if the scope of work for
~y additional services can be defined.
2.
t -
~
4.
Hourly Rate Schedule:
a. . (~T'~ipa1lChief Traffic Engineer
. b. Project Manager
c. Transportation Engineer
i,
3
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$150.00
S110.00
$ &5.00
A reement Identification
. tilt
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EQ
Pleface
1300002
A rsement Number
June 25 2001
MonlhlDlI .;year In//lallon
Customer Account Number
Accountin Information
CP5
Center
Work Order Information
1300002
A reement Numbar
MonlhlOlI 'lYeer Com feted
OUTDOOR LIGHTING SERVICE AGREEMENT
Combination Unmetered Outdoor Lighting Energy Service and Outdoor Lighting Equipment
between
. PSIE.nergy,.I!lc. ,
1000, E. Main Street,Plainfield, IN 4~168
, , a subsidiarY. of 'lCINERGY. Corp
and
Business Name (dIb/a)
Customer Name
Service Location Name
Service Address
Service City
Billing Name
Billing Address
Billing Address
Billing City
Fishers
46038
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,AGREEMENT SUMMARY
Date Agreement signed by Customer (Page 3) Mo/DaylYear
Term ofthis Agreement (Sectlon V, Page 3) TEN I = Years I 120 = Months
Service Commenced (System Operation Began) Mo/DaylYear
Expiration of Initial Term Mo/DaylYear
Renewal Anniversary After Initial Expiration MolDaylYear
NOT APPLICABLE FOR THIS PROJECT
Date Due
Date Paid
Monthly Co~ts Summary ( See Section I'. A, B, C,' Page 2) (Fill in Applicable Lines only for this Agreement)
Part 1 . Enerav Usaae Eauipment and Maintenance and QDeratlonallncluded In these Costs
Total Monthlv Cost for IiQhts (Mav include Dole on some rates) $ 0.00
Total Monthlv Cost for additionalliahts on Dole. $ 0.00
Total Monthlv Cost for Doles $ 0.00
Total Monthlv Cost for additional Secondarv Conductor Seaments $ 0.00
Total Monthlv Pole Attachment Fees (See Paae 4, Item 10) '$ 0.00
-rotal Monthlv Cost Estimate for-items list above. $ , 0.00
Part.2. Enerav Usaae is not Included In these amounts. Wnen ACDllcable. the Associated Aareement Is Referenced above.
Total Monthlv Eauioment'Cost CAli eauipment in System) Initial Term $ 292.08 After Initial Term $ 0'.00
*Total Monthlv Ooeratina and Maintenance on Eauioment Initial Term $ 77.04 After Initial Term $ 77.04
Total Monthlv Pole Attachment Fees from third Darty Initial Term $ 0.00 After Initial Term $ 0.00
-rotal Eauioment and Maintenance Cost Initial Term $ 369.12 After Initial Term $ 77.04
· Refer to Agreement Section 3.4. page 3 for reference.
-Does not Include Applicable taxes or Base Fuel Cost, Fuel Cost Adjustment or other rete tariff rider adJustments that will be applied to monthly bill.
~UTDOORLIGHTINGSER~CE~EMENT
This Outdoor Ughting Service Agreement ("Agreemenf) Is made and entered Into by the subsidiary of Cinergy Corp named below
PSI Energy, Inc., 1000 E. Main Street, Plainfield, IN 46168
AND
hereinafter rCompanyj.
Highlands @ Stony Creek Homeowners Association (Sections 1 &. lCl
(Name of Customer)
hereinafter ("Customer.')
as. of .the
25TH
Dav
day of
JUNE
Month
, 2001
Year
("Effective Date").
. The term "Company" as used In this Agreement shall mean the subsidiary Company of Cinergy Corp which Is IndJcated In this Agr~ement.
Neither Clnergy Corp nor any other affili~ted companies are parties to this Agreement.
WITNESSETH:
WHEREAS, C~stomer de~ires to have a'Company owned outdoor Iigh~ing system on de~ignated property; and
WHEREAS; Comr>a~y has the ability tOinstali, operate and' maintain an outdoor Iighti~g system~
NOW THEREFOR~, in consideration of the mutual covenants contained herein, the parties agree as follows:
SECTION I. EQUIPMENT AND INSTALLATION
. .
1.1 In accordance with conditions set forth herein, Company agrees to install for Customer all necessary equipment to provide, operate
and maintain an outdoor lighting system. The cost of any additional electrical facilities required to provide energy to the System wjll not
be Included In the monthly terms of this Agreement.
1.2 The "Schedule of Rates, Classifications, Rules and Regulations for Electric Service" or General Terms and Conditions of Company
filed with and approved by the appropriate state regulatory entity, hereafter, .Commission" arid all amendments thereto, shall be
deemed a part of this Agreement as if fully set forth ~ereln.
1.3 A detan of the locations of the equipment constituting said outdoor lighting system, (hereinafter .System") Is set forth In a drawing or
print marked EXHIBIT 'A', which is attached, and made a part hereof as if Incorporated herein.
1.4 The System consists .of the folloWing lighting equipment.
SECTION I. - A. POLE INFORMATION Blank Spaces = Not Applicable
POLE STYlE (SHAPE. NAME) COMPANY CATALOG io POLE MOUNTING ~~LE '4~ NUMBER OF MONTHLY RATE LINE TOTAL
MATERIAL HEIGHT 01 or AS POLES EACH POLE AMOUNT
Wadsworth fluted 17" base To be asslaned Csst Alum. 12Ft AB a Incl. With Licht Incl. With Liaht
TOTAL BASE POLE AMOUNT $ 0.00
SECTION I. - B. LUMINAlRE INFORMATION
LU~INIARE STYLE COMPANY CATALOG 10 LAMP SOURCE LAMPWATIS NUMSER OF COST EACH MAINT-OPERATION LINE TOTAL
IHPS MHl LUMINAIRES LIGHT COST EACH LIGHT AMOUNT
,Granville Acorn 0050094082 HPS 100 a s 36.51 $9.63 $ 369.12
TOTAL BASE LUMINAlRE AMOUNT $ 369.12
S'EcnON I. - C. SECONDARY CONDUCTOR . Charaeis As Listed In ADDro riate Rate Tariffs
DESCRIPTION/COMMENTS OH .. OVERHEAD INCREMENT NUM!3ER OF MONTHLY CHARGE LINE TOTAL
UG .. UNDERGROUND LENGTH INCREMENTS PER INCREMENT AMOUNT
Included in lumlnairelDole charaes
.
TOTAL BASE CHARGE FOR EXTRA CONDUCTOR LENGTHS $ 0.00
SECTION II. LIGHTING LAYOUT DESIGN DISCLAIMER (CUSTOMER TO SIGN WHEN APPLICABLE)
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Company has installed the System in accordance with Customer's specifications concerning the design and layout (including pole
locations, number and types of lights). Company hes not designed the System. Customer is responsible for all aspects. of t~e.
design and layout of the System. Customer understands that its design and layout of the System triay not be in accordanae .wit1J. :1':':
minimum footcandle ana lighting uniformity standards as recommended by the illumInating Engineering Society, a natiQn'sWfyo
recognized authority on lighting design. Customer agrees to release, Indemnify, hold harmless, and defend Company frol1l'ahd
against any and all claims, demands, causes of action, liabilities, losses, damages, and/or expenses resulting from (or aile' " .
result from) the design andlor layout of the System, including damage to or destruction of personal property, personal It:lll/I]8 . ....
including death), an reasonable attorneys' fees. ~U/:- :- :- : : : -: -:
'" d . . . , . .
. (; ~, I .......,.....
__ ____ _ __ ___ _qy~!~'TI~r~_~!.9IJ~!l!~~ _ _ _. __ _ ___ __ ___ _ un _.. __.. ___ _ __ _ _ _ _.... _. n ~ __ __ __.Rf!t~ --.., --.. --- - --~'..- - "-- ~;' . .
PAGE 2 OF 4 OUTDOOR LIGHTING SERVICE AGREEMEI'IT
REVISION MAR. 2001 AGREEMENT NUMBER EQ 1300002 MONR 1!:!!L I 2..D2:L.-
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".UTDOOR LIGHTING SERVICE LEMENT
SECTION 111- SYSTEM MAINTENANCE PERFbRMED BY COMPANY
3.1 Normal maintenance Includes the replacement or repair of any Item included In the System. Maintenance Is performed after
notification from the Customer that a problem exists and/or on a Company scheduled maintenance cycle. Company will stock only "
the most common equipment and parts.
3.2 Normal maintenance covers ordinary wear and tear with proper use of the System. RepaIrs or replacements requested as a result of
Customer action will be performed on a time and material basis cost to the Customer where an estimate of costs will be provided to
the Customer before the work begins. Company reserves the right to charge Customer for repair costs incurred due to vandalism.
3.3 Maintenance does not include partial or full System replacement or major repairs due to System age. While many Systems last 15 to
25 years, different types of lighting equipment have different life spans. Lighting equipment manufacturers also discontinue equipment
from time to time. End of life for a System will be determined by the Company and discussed with Customer.
3.4 This item (3.4) is applicable to this Agreement. YES (Yes or No). When applicable, Company reserves the right to update or
modify the monthly maintenance charges to reflect changes in Company costs for materials and labor no more often than every
three years. In these unique Systems the monthly maintenance charges may be based on location, lamp source and wattage,
luminaire and pole styles that are uncommon to Company known standards.
SECTI T
4.1 Customer hereby agrees to pay Company the monthly costs set forth In accord?nce with the applicable tariff rate for ~he term of the
" "Agreement. The" estimated monthly amounts due are summarized on Page 1 of this agreement and are current "at the time the ....
Agreement was initiated. A monthly bill will be rendered and due each month In accordance with the applicable tariff rates and rules.
4.2 Should any change in the monthly costs be ordered by the local Commission, payments by Customer to Company for service shall
thereafter be made upon the basis of such new rates as changed and approved by the Commission
.4.3 In addition, Customer shall reImburse Company any app!icable third party pole contact fees, as specified In EXHIBIT B, Item 10,
Page 4. The poles to which this applies will be Identified on EXHIBIT 'A' or o!,\ a drawing Showing the pole locations.
SECTION V. - TERM OF AGREEMENT
5.1 Service under this Agreement shall commence as soon as practicable, and Company shall notify Customer in writing as to the date on
which service hereunder will commence.
5.2 The Initial term of this Agreement during which Customer shall take and Company shall render service hereunder shall be TEN (10 )
years from the date when service commences hereunder ("Initial Term"), and after the Initial Term this Agreement shaJl continue in
force and effect for successive terms of ONE (1 t year(s), unless terminated by either party ("Extension Periodj. Either of the
parties upon at least SIXTY (60) days' prior written notice to the other may terminate this Agreement at the expiration
of the lnitialTerm or at the e)(piration of any successive ONE (1) year(s), term, unless either party is in default or breach of this
Agreement. " ,.
SECTION VI. . OTHER TERMS AND CONDITIONS
6.1 The Other Terms and Conditions set out on EXHIBIT 'B', page 4, hereto are Incorporated by this reference and made a part of this
Agreement as if stated fully herein.
6.2 This Agreement constitutes the final written expression of the terms and conditions of the Agreement between the parties. It Is a
complete and exclusive statement of those terms and conditions, and this Agreement supersedes all prior negotiations,
representations, or agreements, either written or oral, with respect' to the System provided by this Agreement. However, nothing
herein shall preclude the right of either party to commence an action for any unpaid bllls, other damages, or any breach of such prior
agreements during the time the same were In effect.
6.3 'This Agreement, the construction of this Agreement, all rights and obligations between the parties to this Agreement, and any and all
claims ariSing out of or related to the subject matter of this Agreement (including all tort claims), shall be governed by the la}Y~ do the. . 0 . .' .
State In which the service is rendered without regard to the conflict of law provisions. .' 00 : 0 : 0 : . 00 00 0 0 '
. . . . ,. . . ,
6.4 IN WITNESS WHEREOF, Company and Customer have caused this Agreement to be executed by their duly authorized : 0 : 0 00' . 0: ;: . : .
represe~tatives, effective the day, month and year first written above. :. :. 0" . ~ 0 . .. .
COMPANY . CUSTOMER . ..:- :-:-:- ;. . : < -:
: , . . . . .' . .
PSI ENERGY, INC Highlands @ Stony Creek HOA (Sections 1 & ,:c} .: 0: . : . :: : : : :
Sig"ed~7~ S""" ~vlC''''''''''N.me . . . .
SANDRA S. LHAMON THOMAS L. KUTZ, P.E.
(PRINT NAME ABOVE) (PRINT NAME ABOVE)
Outdood-ighting Specialist Title 6.A^p OJ:" p~ f'Ae1M,~lA. /loA-
6/U/;'
I '
Title
Dated
JUNE 25, 2001
Dated
If more space is required for Customer signatures, please attach a dated letter with those signatures on it and reference this Agreement.
PAGE 3 OF 4 OUTDOOR liGHTING SERVICE AGREEMENT
REVISION MAR. 2001 AGREEMENT NUMBER EQ 1300002 MOIVR JUN I 2001
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.UTDOOR LIGHTING SERVICE LEMENT
EXHIBIT 'B' - OTHER TERMS AND CONDITIONS
All facilities installed b Com an
re ent are an s all remai
n hts.of.wa provl e th nd the termination ofthis
greemen or any reason whatsoever shall not In any way affect
such ownership by Company, nor deprive Company of the right
either to remove any or all property comprising the System or any
part thereof or to use the same in or in connection with the
rendering of other service by Company.
2. If Customer requests part or all of the System's removal before
the end of the System's useful life, InCluding by reason of
termination of this Agreement, Customer must pay Company's
ur'lrecovered costs of the System minus any salvage value, to be
determined at the sole discretion of Company, plus System
removal costs.
3. ,The obligations of Customer to pay the monthly Invoice ani:! any:
'appli98ble late fees or any ,amount due and owing to Company as
, a result of this Agreement or in connection with the rights arid
privileges granted hereby, are independent of the liabilities or
obligations of Company hereunder. Customer shall make all such
payments due to Company without any deductions, setoffs or
counterclaims against such payments on account of any breach or
default' by or ~Iaims against the Company pursuant to this
Agreement or otherwise or on account of any claims against or
default by any third party.
4. Company's 'Installation of the System Is contingent upon obtaining
adequate written easements if necessary, and Customer agrees to
assist the Company when necessary in obtaining adequate written
easement Covering permission to install and maintain service lines
and fac!lities required for serving and providing the System.
5. Company is an independent contractQr and not an agent or
employee of Customer and nothing contained In this Agreement
shall be so construed as to justify a finding of the existence of any
rela.tionship between Company and Customer inconsIstent with
that status. Company shall have exclusive control of and
responsibility for its labor relations. ' . .
6. Company does not warrant nor guarantee the safety of Customer
or any third party, nor does it warrant or guarantee the security of
Customer's property or any third party property, lighting levels, or
uniformitY of lighting as a result of Customer's use of the System.
Company Is not liable for any InjUry to Customer, or any persons
or property arising out of the System use. THERE ARE NO
WARRANTIES OF MERCHANTABiliTY OR FITNESS FOR A
PARTICULAR ,USE, EITHER EXPRESSED OR IMPLIED,
PROVlDED BY COMPANY TO CUSTOMER.
7. If a breach or default occurs, the non-breaching party shall provide
the breaching party with a thirty (30) day written. notice to cure
such default or breach, or Ifthe defect cannot be cured within thirty
(30) days, the breaching party shall commence the cure of such
defect. If the breaching party fails to cure or to commence the
cure of the defect within the prescribedtimeframe set forth herein,
the non-breaching party, at Its soie discretion, shall provide notice
to the breaching party of the immediate termination of this
Agreement Events beyond Company's control, Including but not
limited to acts of nature, electricity outages, and Inability to obtain
needed replacement parts, shall not constitute material breaches
of this Agreement.
a. The operation or maintenance of the System does not guarantee
security of Customer property or that of any third party or, nature,
Including attorney fees, against Custom'er caused in whole or in
part by Customer's own negligence anellor its failure to comply
with the -terms of this Agreement. It also does not guarantee that
initial lighting levels or lighting uniformity will be maintained.
9. Customer desiring a Company installed System on a public right-
of -way or on other property not under customer's Jurisdiction must
provide the Company with written permiSSion from the entity with
legal Jurisdiction over that right-of-way or property. before
installation will begin. Customer must reimburse Company for any
easements to be obtained.
10. Company reserves the right to refuse to Install Company
equipment on another's property, however, any Company
agreement to install System luminaires or other Company facilities
on poles or structures owned by a third entity Is contingent upon
receiving written consent for such Installation from that entity.
Customer will be required to reimburse the Company for monthly
fees charged for pole contacts for System attachments on poles
or structures not owned by the Company (i.e., owned by'other
utilities or entities). This fee will be imposed only when the
System equipment is the only Company attachments on the pole.
Additionally, Customer willl:>e responsible for the cost of upgrading
or modifying existing poles to allow for clearances required for the
System equipment. Company reserves the right not to install
Company equipment on any pole or structure other than one
ins.talled and owned by the Company.
..
Owner of Pole/Structure License Aareement Odent. #)
NOT APPLICABLE
Number of Pales I Pole Fee Each I
11. Company shall not be liable for any claims, demands, cause of
action, liabilities, loss, damage or expense of whatever kind or
nature, Including attorney fees, against Customer for actions
inVOlving a structure not Company-owned on which the Company
has pla.ced Company-owned equipment at Customer request.
Additionally, the Company will not be responsible for any repairs
needed by the structure that is not owned by Company. If the
structure becomes unsuitable, or unsafe to support Company.
. owned equipment the Company retains the right to remove the
equipment from the structure. If Company equipment is removed
under these conditions Customer will owe Company a prorated
amount for the removed equipment plus .removal costs minus
salvage value.
12. When changes are requested by Customer at any time after the
System Is Installed and before the normal end of System life,
Company will evaluate ,and estimate the costs of the changes.
The changes will be made after the Customer pays the agreed
upon amount If any to make changes. Changes Include such
items as relocating poies, changing luminaire styles (post top,
rectangular cutoff, floodlight), their locations, wattage, and lamp
source (i.e., metal halide, high pressure sodium). Any such
agreed upon changes will be documented either on a new
Agreement or on an Amended Agreement. New equipment added
to the System will require a new Agreemellt.
. .
13. If any part, term, or provision of this Agreement is adjudged to be
contrary to the law governing this Agreement by a court of
competent jurisdiction, the validity of the remaining parts, terms,
and provisions shall not be affected thereby.
14. This Agreement, and all the terms and provisions hereof, shall be
binding upon and inure to the benefit of the parties hereto and their
respective heirs, executors, administrators, successors, personal
representatives, and/or permitted assigns.
15. Each party to this Agreement represents that it Is sophisticated
and capable of understanding all of the terms of this Agreement,
that it has had an opportunity to review this Agreement wIth tts
, counsel, and that it enters this Agreement with full knowledge of
the terms of the Agreement.
16. No delay of or omission in the exercise of any right, power or
remedy accruing to any party under this Agreement shall impair
any such right, power or remedy, nor shall it be construed as a
waiver of any future exercise of any right, power or remedy.
17. Neither party shall assign this Agreement without the prior written
consent of the other party, which consent, if given shall not relieve
the party of making such assignment from full responsibility for the
fulfillment of its obligations under this Agreement.
PAGE 4 OF 4 OUTDOOR UGHTlNG SERVICE AGREEMENT
REVISION MAR. 2001 AGREEMENT NUMBER EO 1300002 MOIYR JUN I ~
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