HomeMy WebLinkAboutStreet Light Agreement wtih Bear Creek LLC for Bear Creek SubADA COUNTY I~ECORDER
J, DAVID NAVARRO
Z~I]INO-8 Pli 1~29
101117649
STREET 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, a
residential development in Meridian, Idaho.
For good and valuable consideration, the receipt of which is hereby acknowledged, the
parties agree as follows:
BEAR CREEK, L.L.C. has provided 12 street light poles, concrete pole bases, fixtures,
bulbs, and components to the residential development known as Bear Creek Subdivision
in Meridian, Idaho. The parties acknowledge that the 12 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 hereafter 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 burn 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 12 street lights located in Bear Creek Subdivision 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 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 olT' type.
It is understood and agreed that BEAR CREEK, L.L.C. will assign its rights and
obligations hereunder to Bear Creek Subdivision Homeowner's Association when said
Homeowners Association is formed and operational.
BEAR CREEK SUBDIVISION STREET LIGHT AGREEMENT Page 1
This AGREEMENT shall be. binding on /ff~'~,'r ~be_.g.~? L, d. e.. its heirs,
successors and assigns, and the CITY OF MERIDIAN.
Dated this day of ,20
ATTEST:
William G. Berg, Jr., City
CITY OF MERIDIAN, a municipality and
Political subdivision of the State of Idaho
Robert D. Corrie, Mayor
ATTEST:
BEAR CREEK, L.L.C.
~/ ~/ d/'~vlanagingMamber
STATE OF IDAHO, )
: SS.
BEAR CREEK SUBDIVISION STREET LIGHT AGREEMENT Page 2
County o£ Ada, )
On this 7~day of ~,{,~t~ ,20 o! , 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
IvrY~COMMIS SION EXPIRES
STATE OF ,)
County of ,)
SS.
On this og& day of O c)r. ,20 O I, before me, the undersigned, a Notary Public
in and for said State, personally appeared C~x--e~-~'~o)~w3c~rx and
-'~t'r,,o~-h~ ~, -F~¥/o~ known to me to be the l~anaging Member and Secretary
of BEAR CREEK, L.L.Q. 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.
NOTAI{Y PUBLIC FOI~ IDAHO &~.
RESIDINGAT ~.~L,~0za~ ~ _D
MY COMMISSION E~KPIRES ~/Oq./~}OO:~
BEAR CREEK SUBDIVISION STREET LIGHT AGREEMENT Page 3