HomeMy WebLinkAboutStreet Light Agreement with Vienna Woods Owners Association, Inc. for Vienna Woods Subdivision Phase 1-7
ADA COUNTY RECORDER J. OAVIO NAVARRO AMOUNT .00
¡ BOISE IDAHO 04/21105 01:45 PM
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Meridian City 105048792
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STREET LIGHT AGREEMENT
This Street Light Agreement is made and entered into between the CITY OF
MERIDIAN, an Idaho municipal corporation (the "City), and Vienna Woods Owners
Association, Inc., an Idaho non-profit corporation (hereinafter "VW"), pertaining to the street
lights in Vienna Woods Subdivision, Phases 1 through 7, as filed in the real property records of
Ada County Idaho at Book 80 at pages 8666-8671, Book 82 at pages 8967-8969 and 8977-8978,
Book 84 at pages 9281-9282, and Book 85 at pages 9531-9534, an existing residential
development in Ada County, Idaho, which was annexed into the City of Meridian, Idaho, by
virtue of a Decision and Order entered by the City Council on December 17, 2004.
For good and valuable consideration, the receipt of which is hereby acknowledged, the
parties agree as follows:
1.
VW claims ownership as part of its common area certain street light poles, concrete pole
bases, fixtures, bulbs, and components to the residential development known Vienna
Woods Subdivision in Meridian, Idaho. The parties acknowledge that the street light
poles and appurtenances located primarily along E. Strauss Drive were specially ordered
items, not customarily used in residential developments in Meridian, Idaho ("Non-
Standard Street Lights"). The parties further acknowledge that the other street lights in
the subdivision are of a shoe-box type design customarily used in residential
developments in Meridian, Idaho ("Standard Street Lights"), and that if the Vienna
Woods Subdivision had been annexed into Meridian at the time of its initial subdivision,
these Standard Street Lights would have been dedicated to the City by the VW developer.
2.
VW, or its assigns, agree to replace, repair and provide any required maintenance of any
of the above mentioned Non-Standard Street Lights, and/or appurtenances thereof, that
may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own
expense; and it is further agreed that VW, or its heirs, successors and assigns, shall keep
the Non-Standard Street Lights operational at all times, it being understood by the City
that bulbs, and/or ballasts, do bum out and that the City will allow reasonable time to
replace them.
VIENNA WOODS SUBDIVISION STREET LIGHT AGREEMENT
Page 1 of 4
3.
It is agreed that the City authorize and pay for the electrical service to be supplied to the
Non-Standard Street Lights located in Vienna Woods Subdivision in the usual and
customary manner.
4.
With respect to the Non-Standard Street Lights, it is agreed that the City, because Idaho
Power Company will not maintain the bulbs and ballasts or provide any maintenance,
will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule
41 Agreement, which in proper cases provide that Idaho Power Company would provide
maintenance, bulbs, and ballasts. It is also agreed that lighting served under the Schedule
40 Agreement must be controlled by a photo electric device of the "fail off' type.
5.
With respect to the Standard Street Lights, the Board of Directors ofVW has determined
that dedication and transfer of the Standard Street Lights to the city does not diminish the
security of any mortgagees on any lot or common area in the subdivision. The Board of
Directors ofVW hereby authorizes the President ofVW to execute a deed dedicating said
Standard Street Lights as well dedicating an easement to the City as city property. The
City's execution of this Agreement and of said deed constitutes an acceptance of this
dedication. From and after the effective date of this Agreement and regardless of the
actual date of the official annexation of the Vienna Woods Subdivision, the City shall be
responsible to replace, repair and provide any required maintenance of the Standard
Street Lights.
This AGREEMENT shall be binding on VW its heirs, successors and assigns, and the
CITY.
Dated this
! 5"r!J, day of
¡r¿~
,2005.
CITY OF MERIDIAN, a municipality and
Polif tate ofIdaho
ATTEST:
VIENNA WOODS SUBDIVISION STREET LIGHT AGREEMENT
Page 2 of 4
VIENNA WOODS OWNERS
ASSOCIATION, INC., an Idaho non-profit
corporation
By: a majority ofthe members of its
Board of Directors
B
Brandon Siok, Board Member
Dr. David Butuk, M.D., Board Member
ATTEST:
VIENNA WOODS SUBDIVISION STREET LIGHT AGREEMENT
Page 3 of 4
STATE OF IDAHO)
: ss.
County of Ada
On this J£day of JI1<trc/.... ,2005, before me, the undersigned, a Notary
Public in and for said State, personally appeared TAMMY DE WEERD 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 written.
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SEAL
STATE OF IDAHO)
: ss.
County of Ada
On this Vday of ~ , 2005, before me, the undersigned, a Notary Public in
and for said State, personally appeared Stan Ferguson known to me to be the Secretary of Vienna
Woods Owners Association, Inc., and who executed the within instrument on behalf of said
corporation, and acknowledged to me that a majority of the Board of Directors of 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.
SEAL
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NOTARY PUBLIÇf fOR,IDAHO
RESIDING AT TV(,AM.t<.--
MY COMMISSIO~ I "\{)
! M DEAN WlWS
; STATE OF IDAHO
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NOTtr:¡y -- PU[3!JG
VIENNA WOODS SUBDIVISION STREET LIGHT AGREEMENT
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