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HomeMy WebLinkAboutStreet Light Agreement with Brighton Corporation for Ashford Greens No 1STREET LIGHT AGREEMENT This Street Light Agreement is made and entered mto by and between MERIDIAN and Brighton Corporation, pertaining to the street lights in Ashford Greens Subdivision, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Brighton Corporation has provided twenty-one (21) street light poles, concrete pole bases, fixtures, bulbs, and ballasts to the residential development known as Ashford Greens Subdivision, Meridian, Idaho. The parties acknowledge that the twenty-one (21) street light poles and fixtures were specially ordered items, not customarily used in residential developments. 2. Brighton Corporation (Ashford Greens Owners Association) or its assigns, agrees to replace, repair and provide any required maintenance of any of the above mentioned street lights, globes, ballasts, and/or components thereof, that may hereafter be broken, damaged, or deteriorated, or 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 globes, 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 twenty-one (21) street lights located in Ashford Greens Subdivision in the usual and customary manner. 4. It is agreed that the city of Meridian, because Idaho Power Company will not maintain globes 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 provides that Idaho Power would provide maintenance, globes, 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 Ashford Greens Owners Association when said Owners' Association is formed and operational. ASHFORD GREENS SUBDIVISION -STREET LIGHT AGREEMENT Page 1 6. This AGREEMENT shall be binding on Brighton Corporation, its heirs, successors and assigns, and the City of Meridian. DATED THIS ! ~ ~~ day of t 19 ~~ ATT: ,.~- ATTEST: Secrets CITY OF MERIDIAN, a municipality and politic su division ~P'I.~e State of Idaho. BY SEAL ' ~ M ~ ,~~' •~ BRIGHTON CORPORATION BY Pre i ent ASHFORD GREENS SUBDIVISION -STREET LIGHT AGREEMENT Page 2 STATE OF IDAHO, County of Ada, ss. On this ~ day of Ake ~' 1997, before me, the undersigned, a Notary Public in and for said Sta ,personally appeared and William G. Berg, Jr., of the CITY OF MERIDIAN, a municipality and political subdivision of the State of Idaho, known to me to be the Mayor and City Clerk of Meridian, Idaho, who subscribed their names to the within and foregoing instruments in their capacity as Mayor and city Clerk, and acknowledged to me that they executed the same in the name of the CITY OF MERIDIAN. IN WITNES WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,,•,\G~E ~r~ r~r~~~~~, , ~' (SEAL) :~`~P~~ T• ~•~'•~~~'~~ A~ Ry . 0 :~ l ~~ ~` ~~"'•qjF l~~ ~~~~~'` STATE OF IDAHO, ) ss. County of Ada, Y PUBLIC FOR IDAHO 1g at Meridian, Idaho fission Expires: 0 ~ ,2 9 ~'~ day of ~ (, 1997, before me, the undersigned, a On this Notary Public in and for said tate, ersonally appeared David W. Turnbull and Michael H. Tanner known to me to be the President and Secretary, of Brighton Corporation, who subscribed there names to the within and foregoing instrument and acknowledged to me that they executed the same on behalf of said Corporation as President and Secretary. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ••ti ~4.•~~~pT AR r ~Z ~) ,-- - *: _ Gt • .,~•q TE OF 19 ••••. NOTARY PUBLIC FOR IDAHO Residing at Meridian, Idaho Commission Expires: y - L~1 r~ j ASHFORD GREENS SUBDIVISION-STREET LIGHTAGREEMENT Page 3