HomeMy WebLinkAboutStreetlight Maintenance Agreement with SCS Brighton LLC for Paramount Subdivision No. 28FA
ADA COUNTY RECORDER Christopher D. Rich 2016-019764
BOISE IDAHO Pgs=4 BONNIE 03/12/201504:05 PM
MERIDIAN CITY NO FEE
11111 I IIII111111I III 1 II II HIM II III III
00074709201600197640040043
STREET LIGHT MAINTENANCE AGREEMENT
PARAMOUNT SUBDIVISION NO. 28
This STREET LIGHT MAINTENANCE AGREEMENT ("Agreement") is made and
entered into this 1L day of �are� , 2015 ("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 SCS Brighton LLC, an Idaho
limited liability company ("Developer"), whose address is 12601 W. Explorer Drive # 200,
Boise, ID 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, Paramount Subdivision No. 28 is a residential subdivision within the City
of Meridian with three (3) special -order, decorative street lights, in the locations noted on the
attached Exhibit A, installed by Developer to satisfy in part, 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 Three (3) decorative street lights located in the Paramount Subdivision No. 28.
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 41 C 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. Maintenance and/or Replacement, as needed to ensure functionality, of: fuses, wiring,
bulbs, ballasts, or photoelectric cells in the Three (3) decorative street lights located in the
Paramount Subdivision No. 28.
2. Replacement and/or repair, as needed due to damage, deterioration, or loss, of the Three
(3) decorative street lights located in the Paramount Subdivision No. 28 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 Paramount Subdivision No. 28 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
Paramount Subdivision No. 28 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.
SIGNATURES ON FOLLOWING PAGE
STREET LIGHT AGREEMENT: Paramount Subdivision No. 28
PAGE 2 OF 4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 1
day of 2015.
SCS Brighton LLC, an Idaho limited liability company
By: Bright orpor tion, its Manager STATE OF IDAHO )
J�/ ) ss
County of Al )
BY I HE BY that on this _� day of
DRVId W. Tu nbul ,President fyi 2015, before the undersigned, allotary
Public in the Start of Idaho, personally appeared David
Turnbull, 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 ppYyyyfficial seat, the day and year in this certificate
first abova�writfen. n
REBECCA A. HANKS
NOTARY PUBLIC
STATC OF IDAHO
CITY OF MERIDIAN:
BY: n
Ctiantr C,o A91
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Attest:
ayce . Holman, City Clerk
STATE OF IDAHO
) ss:
County ofRrA g� )
I HEREBY CERTIFY that on this _I day of
Q 001), , 2015, before the undersigned, a Notary
Public in the State of Idaho, personally appeared Twuam-y-& Cph'��"a"rUC
&-[J.rwt�l+rce
�er& and Jaycee L. Holman, proven to me to be the Mayor WNw-1 res,dev -
and City Clerk, respectively, who executed and attested the
said instrument, and acknowledged to me that they executed
the same. IN WITNESS WHEREOF, I have hereunto set my
hand and affixed my official seal, the day and year in this
certificate first above written.
Notar},Public for Idaho —�
Residing at "e 1 G fVl Idaho
My Commission Expires: \ ��
STREET LIGHT AGREEMENT: Paramount Subdivision No. 28
PAGE 3 OF 4
Exhibit A
Lighting plan showing location of three decorative street lights
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