HomeMy WebLinkAboutStreet light Agreement with Edinburgh Place Owners Association for Edinburgh HOA
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 3
BOISE IDAHO 09/23/05 01:37 PM
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Meridian City 105139573
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STREETLIGHT AGREEMENT
This Street Light Agreement is made and entered into between the CITY OF
MERIDIAN, an Idaho municipal corporation (the "City"), and Edinburgh Place Owners
Association, an Idaho non-profit corporation (hereinafter "EP"), pertaining to the street
lights in Edinburgh Place Subdivision, Phases 1 and 2, as filed in the real property records
of Ada County Idaho at Book 82 at pages 8958-8959, and Book 85 at pages 9452-9453,
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 considerations, the receipt of which is hereby
acknowledged, the parties agree as follows:
1.
EP claims ownership as part of its common area certain street light poles, concrete
bases, fix.tures;.bulbs, and components to the residential development known
Edinburgh Place Subdivision in Meridian, Idaho. The parties acknowledge that
the .street light poles and appurtenances located primarily along N Schumann Ave
and N Aberdeen 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 Edinburgh Place Subdivision had been
annexed into Meridian at the tine of its initial subdivision these Standard Street
Lights would have been dedicated to the City by the EP developer.
2.
EP, or its assigns, agree to replace, repair, and provide any required maintenance
of any of the above mentioned Non-Standard Street Lights, and lor appurtenances
thereof, that may hereafter be broken, damaged, or deteriorated, or require
maintenance, at its own expense; and it is further agreed that EP, 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, andlor ballasts, do burn out
and that the City will allow reasonable time to replace them.
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 Edinburgh Place Subdivision in the
usual and customary manner.
4.
With respect to the Non-Standard Street Lights, it is agreed that the City, because
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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 of EP 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 ofEP hereby authorizes the President ofEP
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 the Agreement and
of said deed constitutes an acceptance ofthis dedication. From and after the
effective date ofthis Agreement and regardless of the actual date of the official
annexation of the Edinburgh Place 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 EP it heirs, successors and assigns, and
the CITY.
Date this -ro
day of ~ m ~ , 2005
CITY OF MERIDIAN, a municipality and
Political sub' . . ofIdaho
-
Approved by Council on:
STATE OF IDAHO)
: SS.
County of Ada)
On this )dVt. day of SJeM.h,.. ,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, respectively, ofthe 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 fITst above written.
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(SEAL)
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ATTEST:
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fr.' ..Lt7{"-' ~
, Secretary
By: a majority of the members of its
Board of Directors
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. , Board Member
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. , Board Member
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, Board Member
fJ~1o~d
, Board Member
STATE OF IDAHO)
: ss.
County of Ada)
On this day of ,~ 2005, before me, the
undersigned, a Notary Public in and for said State, personally appeared
f!. " h ~ L. 5,.. """-,<-.. ..J.s , known to me to be the Secretary of the Edinburgh Place
Owners Association, 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 WI
seal the day and ye
REOF, I have hereunto set my hand and affixed my official
(SEAL)
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NOTARY PUBLIC FOR IDAHO ':'\ ..
RESIDJNG AT: l.,"2- 2..3 ¡..). (J ~
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