HomeMy WebLinkAboutStreet Light Maintenance Agreement with Three Corners Land Development for Three Corners Sub No. 2STREET LIGHT MAINTENANCE AGREEMENT: THREE CORNERS SUBDIVISION
No. 2
This STREET LIGHT MAINTENANCE AGREEMENT ("Agreement") is made and
entered into this 5 day of November, 2014 ("Effective Date"), by and between the City of
Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), whose
address is 33 E. Broadway Ave., Meridian, Idaho, 83642, and Three corners Land Development,
LLC a limited liability partnership organized under the laws of the State of Idaho ("Developer"),
whose address is 1746 East Dunwoody Court, Meridian, ID 83646.
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, Three Corners Subdivision NO 2 is a residential subdivision within the City
of Meridian with eight (8)special-order, decorative street lights installed by Developer to satisfy
the City of Meridian requirements for street lighting; and
NOW, THE REFOR2E, for the exchange of good and valuable consideration, the receipt
of which is hereby acknowledged, the parties agree as follows:
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 eight (8)street lights located in the Three Corners Subdivision NO 2. 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 off' type.
A. Developer's commitments. From the Effective Date of this Agreement forward, Developer
shall be responsible for:
1. Replacement, as needed to ensure functionality, of: fuses, wiring, bulbs, ballasts, or
photoelectric cells in the eight (8)street lights located in the Three Corners Subdivision
NO 2.
2. Replacement and/or repair, as needed due to damage, deterioration, or loss, of the eight
(8)street lights located in the Three Corners Subdivision NO 2 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 Three Corners Subdivision NO 2 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
Three Corners Subdivision NO 2 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.
IN WITNWHEREOF, the parties hereto have executed this Agreement on this
lam; day of-` ,.;r �` , 2014.
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STREET LIGHT AGREEMENT: THREE
PAGE 2 OF 2
STATE OF IDAHO )
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I REBY CERTIFY that on this day of
-� F � , 2014, before the undersigned, a Notary
Public in the State of Idaho, personally appeared David Dean,
proven to me to be the person who executed the said
instrument, and acknowledged to me that he executed the
same. IN WITNESS WHEREOF, I have hereunto set my hand
and affixed my official seal, the day and year in this certificate
01st above written.
Notary Public for Idaho
Residing at '4601, -- , Idaho
My Commission Expires: 9 1 d1
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0 Jaycees. Holman, City Clerk
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