HomeMy WebLinkAboutStreet Light Agreement with Bear Creek LLC for Bear Creek Sub. No. 3',q~ CUU~GY RECOROE2
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RECORDED' P, EOUEST OF
35899
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 No. 3, 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 5 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 the 5 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 t. hereof,
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 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 5 slxeet 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 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 "fall off" type.
It is understood and agreed that Bear Creek, L.L.C. will assign its rights and obligations
hereunder to The Bear Creek Homeowner's Association when said Homeowners
Association is formed and operational.
BEAR CREEK NO. 3 - STREET LIGHT AGREEMENT Page 1
successors and assigns, and the CITY OF MERIDIAN.
Datedthis. a~{3 dayof_ ~-~, ,20. O f .
CITY OF MERIDIAN, a municipality and
Political subdivision of the State of Idaho
Robert D. Corde, Mayor
ATTEST:
William G. Berg,
By
Bear Creek, L.L.C.
BEAR CREEKNO. 3 - STREET LIGHT AGREEMENT Page 2
STATE OF IDAHO, )
: SS.
County of Ada, )
On this kY of ~¢c e ~/,e~' ,2001 , 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 immanent, 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 fumt above written.
NOT~V PUBLIC FOR IDAHO
STATE OF ~--r"c~o.,ko ,)
: SS.
County of ,)
On this/3 day of T) ecer..l.e.- ,20 0 ] , before me, the undersigned, a Notary Public
in and for said State. personally appeared C~ ~--e~ ~'-to ¼ ~.~o ~ , known to me to be
the Managing Member of '~e~¢o-,- C,-~eelc 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~Y PUBLIC FO~ IDAHO 0
MY COMMISSION EXPIRES ~>./~ q .]0 /
BEAR CREEK NO. 3 - STREET LIGHT AGREEMENT Page 3