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HomeMy WebLinkAboutStreet Light Agreement with Brighton Corporation for Ashford Greens #2pp ~~ss B© nn pp ~! ~+x .1~ Y. D li~lr~t'I~IJ ~ Ig~~,~~~ 1 Q~ I ~'1 AGA CpU~~TY REC(3~t0ER ~ ~~~,~~~(,c,` o~,~ (, ,!, OAi~iO NAVAfiR0 Nq ~~~~~~~~~~~ ~~ ~P~~~ L ~ ~~~~~~3a~~t:~~ ~,~ ~so~~~s STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and BRIGHTON CORPORATION, pertaining to the street lights in Ashford Greens Subdivision No. 2, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: BRIGHTON CORPORATION has provided 18 street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Ashford Greens Subdivision No. 2 in Meridian, Idaho. The parties acknowledge that the 18 street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. BRIGHTON CORPORATION, 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, ox require maintenance, at its own expense; and it is further agreed that BRIGHTON CORPORATION, or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballasts, 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 for the electrical service to be supplied to the 18 street lights located in Ashford Greens Subdivision No. 2 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 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. 5. It is understood and agreed that BRIGHTON CORPORATION will assign its rights and obligations hereunder to the Ashford Greens Owners Association when said Homeowners Association is formed and operational. ASHFORD GREENS SUB. NO 2 STREET LIGHT AGREEMENT Page 1 This AGREEMENT shall be binding on Brighton Corporation, its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this 2l ~ day of ~i/~ , l9 "l CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho ATTEST: D. Come, Mayor Approved by the City Council 4-21-98 William G. Berg, Jr., City erk BRIGHTON CORPORATION By President ASHFORD GREENS SUB. NO 2 STREET LIGHT AGREEMENT Page 2 1.. R STATE OF IDAHO,) ss. County of Ada, ) ~l5! ~ before me, the undersi ned, a Not On this day of , 19~ 8 ~' Public in and for said State, personally appeazed 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. • ' • j.1~ ~~p Tq,~~~ * . ~•~ cp ••. AUB L1C ~ 1 T f I•••y9 OP •~A~~•. •••- STATE OF IDAHO,) . ss. County of Ada, ) MY COMMISSION On thisq~ day of PeQ 0.t,. , 1998 ,before me, the undersigned, a Notary Public in and for said State, personally appeared `~+w ~o W . '"C"c.+~.RU dual.. and ~~~~ ~ . ~Aauea. known to me to be the President and Secretary of Brighton Corporation, 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. • ~ NOTARY PUBLI~A~I~,O _ '~ • ~r'tip 9~ ~= RESIDING AT , y S .e ~'~ ~' ~ MY COMMISSION EXPIRES '~ ~ S ~o ~ .,9~,s•• '•.~~'o•••....••o o'~• F ID A~ ,o` ASHFORD GREENS SUB. NO 2 STREET LIGHT AGREEMENT Page 3