HomeMy WebLinkAboutStreetlight Agreement with Jacksons for Historic LightingADA COUNTY RECORDER Christopher D. Rich 2015-077645
BOISE IDAHO Pgs=5 BONNIE 08/20/201509:42 AM
MERIDIAN CITY NO FEE
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RECORDING REQUESTED BY AND 00138118201500770450050054
WHEN RECORDED RETURN TO: _-
City Clerk
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
(Space Above For Recorder's Use)
STREET LIGHT AND ELECTRICAL MAINTENANCE AGREEMENT:
66 AND 52 E. STATE AVENUE, MERIDIAN
This STREET LIGHT AND ELECTRICAL MAINTENANCE AGREEMENT: 66 and
52 E. STATE AVENUE, MERIDIAN ("Agreement") is made and entered into this g day of
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, John D. Jackson ("Store Owner"), and Jacksons Food
Stores, Inc., a corporation organized under the laws of the State of Idaho ("Parking Lot Owner"),
whose address is 3450 E. Commercial Court, Meridian, Idaho. Store Owner and Parking Lot
Owner may be referred to collectively herein as "Owners."
WHEREAS, as part of the installation of a parking lot at 52 E. State Avenue, to serve the
store and gas station located at 66 E. State Avenue, Parking Lot Owner will install one (1) City
Standard Historic street light to satisfy the City of Meridian requirements for street lighting;
WHEREAS, street lights are typically installed with a metered service pedestal or are
connected to existing street lights, but the location of the neve street light to be installed by
Parking Lot Owner Linder this agreement renders such options impractical and cost -prohibitive;
WHEREAS, connecting the new historic light to the existing street light on Main Street
would involve cutting concrete under the Ada County Highway District ("ACHD")'s five-year
no -cut moratorium;
WHEREAS, Owners are willing to connect the new street light to the electrical meter for
Jacksons Food Store #56, located at 66 E. State Avenue, and pay for electricity to illuminate the
street light as part of Store Owner's electrical bill, and are further willing to bind Store Owner's
Successors in interest to Such obligation;
WHEREAS, the City Council of the City of Meridian finds that this Agreement is in the
best interest of the public health, safety, and welfare;
STREET LIGHT AGREEMENT WITH JOHN D. JACKSON AND JACKSON'S FOOD STORES, INC. PAGE I OF 5
NOW, THEREFORE, for the exchange of good and valuable consideration, the receipt
of which is hereby acknowledged, the parties agree as follows:
1. OWNERS' COMMITMENTS
A. Street Light and conduit. Parking Lot Owner shall install one (1) City Standard Historic
street light at 52 E. State Avenue, Ada County parcel no. R6129010401 (the "Street Light")
Further, Parking Lot Owner shall install conduit along the entire frontage of 52 E. State
Avenue, Ada County parcel no. R6129010401, in accordance with City of Meridian 2013
Supplemental Specifications to the iSPWC.
B. Electricity. From the Effective Date of this Agreement forward, Store Owner shall be
responsible for paying Idaho Power Company for the provision of electricity required to
operate the Street Light. It is agreed that Store Owner shall enter into a Schedule 41 C
Agreement with Idaho Power Company. Store Owner acknowledges that street lighting
served under the Schedule 41 C Agreement must be controlled by a photo electric device of
the "fail off' type.
C. Conduit. Parking Lot Owner shall maintain and ensure the integrity of street lighting
conduit between the Right -of Way up to the power source on the Jackson Store Property.
D. Effect of Triggering Event. "Triggering Event," as such term is used herein, shall mean any
of the following events:
I . Development or redevelopment of the property located at 66 E. State Avenue, Ada County
parcel no. R612901041 I or any portion thereof;
2. Installation of additional street lights on north side of State Street;
3. Transfer of or change in Store Owner's interest in the property located at 66 E. State
Avenue, Ada County parcel no. R6129010411;
4. Transfer of or change in Parking Lot Owner's interest in the property located at 52 E.
State Avenue, Ada County parcel no. R6129010401;
5. Store Owner's default of this Agreement; or
6. Parking Lot Owner's default of this Agreement.
Upon the occurrence of any Triggering Event, Parking Lot Owner or its successor(s) in
interest shall connect the Historic Sheet Light to the existing street lighting system on Main
Street or Meridian Road. Panting Lot Owner or its successor(s) in interest shall be
responsible for any and all costs of connecting the Street Light to the existing street lighting
system. Upon connection to the existing street lighting system, City shall assume
responsibility for provision of electricity as set forth in section I.B. of this Agreement.
STREET LIGHT AGREEMENT WITH JOHN D. JACKSON AND JACKSON's FOOD STORES, INC. PAGE 2 Or 5
II. CITY'S COMMITMENTS
A. Street Light maintenance. From the Effective Date of this Agreement forward, City shall be
responsible for:
1. Replacement, as needed to ensure functionality, of: fuses, wiring, bulbs, ballasts, or
photoelectric cells in the Street Light.
2. Replacement and/or repair, as needed due to damage, deterioration, or loss, of the Street
Light, and any component or appurtenance thereof.
B. Recordation. This Agreement shall be recorded by City, at City's expense, against the
following parcels:
1. 66 E. State Avenue, Ada County parcel no. R6129010411, legally described as Lots 14,
15 and E 15' of Lot 13, Block 6, F.A. NOUrseS 2n1 Addition.
2. 52 E. State Avenue, Ada County parcel no. R6129010401, legally described as Lots 11,
12, and 13, excepting the Easterly 15' of Lot 13, Block 6, F.A. Nourses 2"d Addition.
IIL GENERAL PROVISIONS.
A. Time is of the essence. Owners acknowledge 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. Default. Any failure to perform the terms and conditions of this Agreement, or any portion
thereof, shall be a default hereunder. In the event of a default, the non -defaulting party may
serve a written Notice of Default upon the defaulting party by the method set forth herein.
Except in case of an imminent or realized threat to the public health, safety, or welfare, the
defaulting party shall have thirty (30) days following delivery of such notice to cure or
correct the default before the non -defaulting party may seek any remedy as provided herein.
Notwithstanding any other provision of this Agreement, this provision shall be binding upon
the Parties and upon any and all successors in interest thereof, and shall survive, inter alia,
the occurrence of any Triggering Event and/or connection to the existing street lighting
system.
C. Notices. Any notice desired by the Parties or required by this Agreement shall be deemed
delivered after deposit in the United States Mail, postage prepaid, addressed as follows:
If to City: If to Store Owner: If to Parking Lot Owner:
City of Meridian John D. Jackson Jacksons Food Stores, Inc.
Attn: City Clerk 3450 E. Commercial Court John D. Jackson
33 E. Broadway Ave. Meridian, Idaho 83642 3450 E. Commercial Court
Meridian, Idaho 83642 Meridian, Idaho 83642
D. Binding upon successors. Except as otherwise specifically provided herein, this Agreement
shall be binding upon any and all owners of the property located at 66 E. State Avenue, Ada
County parcel no. R6 1 2901 041 1 and/or the property located at 52 E. State Avenue, Ada
STREET LIGHT AGREEMENT WITH JOHN D. JACKSON AND JACKSON'S FOOD STORES, INC. PAGE 3 OF 5
County parcel no. R6129010401, any and all subsequent owners thereof, and each and every
other person acquiring an interest in either property or both properties. Nothing herein shall,
or shall be construed to, in any way prevent the sale or alienation of either property or both
properties, or any portion thereof, except that any sale or alienation, and including but not
limited to any Triggering Event, shall occur subject to the provisions of this Agreement, and
any successive owner or owners shall be bound by the conditions and restrictions herein
expressed.
E. Compliance with laws. Throughout the course of this Agreement, Owners shall comply
with any and all applicable federal, state, and local laws.
Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity,
interpretation, performance and enforcement of this Agreement. Venue shall be in the courts
of Ada County, Idaho.
G. Cumulative rights and remedies. All rights and remedies herein enumerated shall be
cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the
exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of
any other remedy.
H. Severability. If any provision of this Agreement is found by a Court of competent
jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not
be affected.
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 WITNESS WHEREOF, the parties hereto have executed this Agreement on this
aA day of 1U 2015.
t
STO E OWNER:
J . b. Jackson
AOWV�G
PUB%' .
STATE OF IDAHO
SS:
County of Adz(
I FI BY CERTIFY that on this day of
2015, before the undersigned, a Notary
Public it he State of Idaho, personally appeared John D.
Jackson, proven to me to be the person who executed the said
instrument, and acknowledged to me that lie 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.
t
Notary Public g Idaho _
Residing at S[}(�ei.t ,.�.D ,Idaho
rATE,U*
..,,,, My Commission Expires: g D 1,2- a ("'>
STREET LIGITr AGREEMENT WITH Jot IND. JACKSON AND JACKSON's FOOD STORES, INC. PAGE 4 Or 5
PAVAUNG LOT OWNER:
,
M�
sJaCisO -sn�' -F"ood §tons,Inc
John D. Jackson, President
•fdo
pUe%'N
CITY O MERIDIAN:
BY:
Tammy de We, �d', ayor
STATE OF IDAHO
STATE OF IDAHO )
%1 P ) ss:
County of l `v )
I
I HEREBY CERTIFY that on this vl day of
2015, before the undersigned, a Notary
Public in he State of Idaho, personally appeared John D.
Jackson, proven to me to be the President of Jackson's Food
Stores, Inc who executed the said instrument oil behalf of said
corporation, and acknowledged to me that the corporation
executed the same. IN WITNESS WHEREOF, I have
hereunto set my hand and affixed my official seal, the day and
year n this certificate)l�irst above Twi?tten.
Notary Public for Idaho
a
Residing at "p6 r$. i �m , Idaho
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My Commission Expires: �°-p, '€ 2-U g tc
Atte<K4
'
Jaycee L I lr i, ity Cleric
as
County of Ada
On this day of Fwc��S} 0� Jone me, a Notary Public,
personally appeared Tammy de Weerd and &aycee� H(}e»an;�cr w or Identified to me to be the
Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that
executed the instrument of behalf of said City, and acknowledged to me that such City executed the salve.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year iy�tjijs certificate first above written.
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NoTl:, N��Fe� Lcl,Qe,
�SEAL) Nota ry�ublicforIdaho
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Residing at:
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O� "jC �• Commission expires:
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S'T'REET LIGHT AGREEMENT WITH JOHN D. JACKSON AND JACKSON'S FOOD STORES, INC. PAGE 5 OF 5