HomeMy WebLinkAboutBear Creek #3 Streetlight AgrmtSTREET LIGHT AGREEMENT
This Street Light Agreement is made and entered into between the CITY OF MERIDIAN
and Bear Creek L.L.C., pertaining to the street lights in Bear Creek Subdivision No. 3, a
residential development in Meridian, Idaho.
For good and valuable consideration, the receipt of which is hereby acknowledged, the
patties agree as follows:
Bear Creek L:L.C., has provided 6 street light poles, concrete pole bases, fixtures, bulbs,
and components to the residential development known as Bear Creek Subdivision No. 3
in Meridian, Idaho. The parties acknowledge that 6 street light poles and appurtenances
were specially ordered items, not customarily used in residential developments in
Meridian,, Idaho.
Bear Creek L.L.C., or it's assigns, agree to replace, repair and provide any required
maintenance of any of the above mentioned street lights, and/or appurtenances thereof,
that may here~ffier be broken, damaged, or deteriorated, or require maintenance, at its
own expense; and it is further agreed that Bear Creek L.L.C., or its heirs, successors and
assigns, shall keep the lights operational at all times, it being understood by the City that
bulbs, and/or ballast, do bum out and that the City will allow reasonable time to replace
them.
It is agreed that the City of Meridian authorize and pay for the electrical service to be
supplied to the 6 street lights located in Bear Creek Subdivision No. 3 in the usual and
customary manner~
It is agreed that the City of Meridian, because Idaho Power Company will not maintain
the bulbs and ballast or provide any maintenance, will enter into a Schedule 40
Agreement with Idaho Power Company, and not a Schexlule 41 Agreement, which in
proper cases provide that Idaho Power Company would provide maintenance, bulbs, and
ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be
controlled by a photo electric device of the 'Tail ott" type.
It is understood and agreed that Bear Creek L.L.C. will assign its rights and obligations
hereunder to Bear Creek Subdivision No. 3 when said Homeowners Association is
formed and operational.
BEAR CREEK SUBDMSION NO. 3 STREET LIGHT AGREEMENT Page 1
This AGREEMENT shall be binding on
successors and assigns, and the CITY OF MERIDIAN.
. its heirs,
Date~ this day of
,201
CITY OF MERIDIAN, a municipality and
Political subdivision of the State of Idaho
By
Robert D. Corrie, Mayor
ATTEST:
William G. Berg, Jr., City Clerk
Bear Creek L.L.C.
ATTEST:
BEAR CREEK SUBDIVISION NO. 3 STREET LIGHT AGREEMENT Page 2
STATE OF IDAHO, )
: SS,
County of Ada, )
On this __ day of ,20 , before me, the undersigned, a Notary
Pubfic in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G.
BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho,
and who executed the within instrument, 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 first above writteu.
SEAL
NOTARY PUBLIC FOR IDAHO
RESIDING AT
MY COMMISSION EXPIRES
STATE OF ,)
~ SS.
County of ,)
On
this
day of 4,oc, [ .200~ , before me, the undersigned, a Notary
Public
in and for said State, personally appeared ~ ~e a ~-~-~o ~ n 3o n and
known to me to b~e the Managing Member and
of Bear Creek L.L.C., and who executed the within
instrument on behalf of said corporation, and acknowledged to me that said corporation executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
NOT~CY PUBLIC FOR IDAHO5r
RESIDING AT '-/'~_,a.,c ~x.~.
MY COM nSS]O q xPnu s
BEAR CREEK SUBDIVISION NO. 3 STREET LIGHT AGREEMENT Page 3