The URL can be used to link to this page

Home My WebLink AboutStreetlight and Electrical Maintenance Agreement for 124 W. Franklin RdRECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 ADA COUNTY RECORDER Christopher D. Rich 2016-001012 BOISE IDAHO Pgs=5 DAWN TRIVOLIS 01/06/2016 10:12 AM MERIDIAN CITY NO FEE II' II I I � II'I I I II I II'I II I I II I II � I'I I I II I'I'I I II SII 00181618201600010120060066 (Space Above For Recorder's Use) STREET LIGHT AND ELECTRICAL MAINTENANCE AGREEMENT: 124 W FRANKLIN ROAD, MERIDIAN This STREET LIGHT AND ELECTRICAL MAINTENANCE AGREEMEN;L2 W FRANKLIN ROAD, MERIDIAN ("Agreement") is made and entered into this ` day of L0,.4 a t - A-�c -- , 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 Ada County, a duly formed and existing county pursuant to the laws and Constitution of the State of Idaho, whose current address is 200 W. Front Street, Boise, Idaho 83702 referred to herein as "Owner." WHEREAS, as a requirement of the building permit for the new office building at 124 W. Franklin Road, the Owner is required to install a City of Meridian Type 1 street light along the frontage of Franklin Road. WHEREAS, the approved street light plan calls for the new street light to be connected to the existing service pedestal at the northwest corner of the Franklin Road and Meridian Road intersection, via installing wiring in existing conduit under the sidewalk fronting the Owners property. WHEREAS, the existing conduit is not available, as it is being utilized for the traffic signal interconnect system, and there is no other practical electrical source in the right of way. Connecting to the power transformer in the rear of the property would require installing conduit across the property and providing the City an easement to maintain said conduit, and would require the installation of a metered pedestal within the right of way along Franklin Road, WHEREAS, Owner is willing to connect the new street light to the electrical meter for the property located at 124 W Franklin Road, and pay for electricity to illuminate the street light as part of Owner's electrical bill, and is further willing to bind Owner's successors in interest to such obligation. NOW, THEREFORE, for the exchange of good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: STREET LIGHT AGREEMENT WITH ADA COUNTY. PAGE 1 OF S I. OWNERS' COMMITMENTS A. Street Light and conduit. Owner shall install one (1) City Standard Type 1 street light at 124 W Franklin Road, Ada County parcel no. R8342000234 (the "Street Light"). Further, Owner shall install conduit as required, in accordance with City of Meridian 2013 Supplemental Specifications to the Idaho Standards for Public Works Construction. B. Electricity. From the Effective Date of this Agreement forward, Owner shall be responsible for paying Idaho Power Company, its successors and assigns for the provision of electricity required to operate the Street Light. C. Conduit. Owner shall maintain and ensure the integrity of street lighting conduit between the street light Junction box up to the power source on Owner's Property. 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, with the exception of conduit. B. Duties upon Termination. At such time that this Agreement is Terminated pursuant to Article III(E), City shall assume responsibility for provision of electricity to the Street Light. C. Recordation. This Agreement shall be recorded by City against the following parcel: Ada County parcel no. R8342000234, legally described as Parcel #0235 of Lots 8 and 9 of Taylor Subdivision as shown in Book 11 of Plats on Page 637, records of Ada County, Idaho. III. 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 and all legal remedies. STREET LIGHT AGREEMENT WITH ADA COUNTY. PAGE 2 OF 5 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: City: Owner: City of Meridian Ada County Operations Attn: City Clerk Attention: Director 33 E. Broadway Ave. 200 W. Front Street Meridian, Idaho 83642 Boise, ID 83702 D. Binding upon successors. This Agreement shall be binding upon any and all owners of the property located at 124 W. Franklin, Ada County parcel no. R8342000234, legally described as Parcel #0235 of Lots 8 and 9 of Taylor Subdivision as shown in Book 11 of Plats on Page 637, records of Ada County, Idaho. , any and all subsequent owners thereof, and each and every other person acquiring an interest said property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the property or any portion thereof, except that any sale or alienation, 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. Termination. This Agreement shall terminate at such time that the City installs continuous street lighting along Franklin Road between Meridian Road and SW 5a' Street. Upon Termination, City shall record a Notice of Termination of Agreement in the records of Ada County Idaho. F. Compliance with laws. Throughout the course of this Agreement, Owners shall comply with any and all applicable federal, state, and local laws. G. 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. H. 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. I. 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. J. 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. STREET LIGHT AGREEMENT WITH ADA COUNTY. PAGE 3 OF 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of L _k `- , , 2015. OWNER: ADA COUNTY Board of Ada County Commissioners Date: � ` }' � Y,ft� �_ -�. � � �� By: Ji ibbs, Commissioner ATTEST: LZI Absent, bIjt Reviewed, Rick Yzaguirre, Commissioner By: Da id L. Case, Commissioner Christopher D. Rich, Ada County Clerk y Phil McGrane, Chief STATE OF IDAHO ) ss. County of Ada ) On this ` i day, ,of 1A ^ iii-- , 2015, before me, a Notary Public, personally appeared Jim Tibbs, and David L. Case, known or identified to me to be the County Commissioners of Ada County, who executed the instrument on behalf of Ada County, and acknowledged to me that Ada County 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. ,,,`*®46411 Notary Pdlic� for Idaho daho Residing ('47 •+ o�R p Commission Expires O +$0, � STREET LIGHT AGREEMENT WITH ADA COUNTY. PAGE 4 OF 5 CITY OF MERIDIAN: BY: W,-'-ayoT,- Tammy de ow%'TLD .� uuL City of EMD IA M--- Attest: ��A,}� Jayce . Holman, City Cler ,°�rJ SEAQ y STATE OF IDAHO ss County of Ada ) On this �Q day of C e —V , 2015, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument on behalf of the City of Meridian, and acknowledged to me that the City of Meridian 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. •0600..®® (SEAL) : ,'O r®®: • irj) • 0P Notary ublic for aho Residing at: �-t- ` j t nl Commission expires: 1 STREET LIGHT AGREEMENT WITH ADA COUNTY. PAGE 5 OF 5