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HomeMy WebLinkAboutStreet Light Agreement with Brighton Corporation for Ashford Greens No. 6 AD,~ COUNTY Rf;CORDER , QAY!Q NAVARRO , '", Ir:,,"YJ R£CO.RDED.R£QUE~.. ~~ F£E~PUT~ 10212334/ 2DO20C 25 M¡ 10: 12 MERIDiAN CITY STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Brighton Corooration, pertaining to the street lights in Ashford Greens No.6, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: I. Brighton Corooration has provided ~ street light poles, concrete pole bases, fixtures, bulbs, and components to the residential dèvelopment known as Ashford Greens No.6 in Meridian, Idaho. The parties acknowledge that the ~ street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Brighton Co1J'oration 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 hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Brighton ColJ'Oration 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 burn out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay fur the electrical service to be supplied to the ~ street lights located in Ashford Greens No.6 in the usual and customary manner. 4. 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 Schedule 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 "fail off" type. 5. It is understood and agreed that Brighton ColJ'Oration will assign its rights and obligations hereunder to Ashfurd Greens Homeowner's Association. ASHFORD GREENS NO.6 - STREET LIGHT AGREEMENT Page 1 This AGREEMENT shall be binding on Brighton Co1J'oration its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this 2o.rf::.. day of .J¿f)h~~ . ,20 0,2- . CITY OF MERIDIAN, a municipality and Political subdivision of the State ofIdaho ATTEST: ¡O/'/ð¿ Brighton Corporation By: ~/¡ 4ffifd( /I" David W. Turnbull, President ASHFORD GREENS NO.6 - STREET LIGHT AGREEMENT Page 2 STATE OF IDAHO) ) ss. County of Ada, ) On this ~+~y of é}l-obert , 20 tJ2. ,before me, the undersigned, a Notary Public 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 written. SEAL _.~NŠ... :~~ói~~ : : \ ~ ~ \ l' : . . . . . . . " b-_'C",~. . óI ',::. UJ: 1"'-"" . ..:?:.tii--~iQ .. ....~..... Û7 tUìßYì Swù ~ NOTARY PUBLIC FOR IDAHO RESIDING AT Mðt (tJf£t/{C:t;t jJofa-/w MY COMMISSION EXPIRES ~-2f-O':7 ) ) ss. County of ) On this2D~y of Ó1f~, 206 Z-, before me, the undersigned, a Notary Public in and for said State, personally appeared David W. Turnbull known to me to be the President of Brighton Co1J'oration, and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. STATE OF IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. '" U£ ¡¡,,~ NOTAR LIC FO IDAHO RESIDING AT vY\9-ílA.l~,~ MY COMMISSION EXPIRES /!ì' I.- - ,2-0 ~ ") tþ \* ~ J>;;~~ * \::~-;........ ~~o ...~liOFW .""""'" ,:~ ASHFORD GREENS NO.6 - STREET LIGHT AGREEMENT Page 3