HomeMy WebLinkAboutStreet Light Agreement with Properties West Inc. for Burney Glen No. 1
ADA COUNTY RECORDER J. DAVID NAVARRO
! BOISE IDAHO 09/30103 02:16 PM
DEPUTY Kalhy Ingraham
RECORDED-REQUEST OF
Meridian City
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103165979
STREET LIGHT AGREEMENT
This Street Light Agreement is made and entered into between the CITY OF MERIDIAN
and Properties West Inc., pertaining to the streetlights in Burney Glen Subdivision #1 a
residential development in Meridian, Idaho.
For good and valuable consideration, the receipt of which is hereby acknowledged, the
parties agree as follows:
L
Properties West Inc., has provided ~ street light poles, concrete pole bases, fixtures,
bulbs, and components to the residential development known as Burney Glen
Subdivision#1 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.
2.
Properties West Inc., 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 Properties West Inc., 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 for the electrical service to be
supplied to the 5 street lights located in as Burney Glen Subdivision#1 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 ~chedule 40 Agreement must be
controlled by a photo electric device of the "fail off" type.
5.
It is understood and agreed that The Brighton Corporation will assign its rights and
obligations hereunder to Burney Glen Homeowners Association when said Homeowners
Association is formed and operational.
STREET LIGHT AGREEMENT
Pagel \ 3
This AGREEMENT shall be binding on Properties West Inc. its heirs, successors and
assigns, and the CITY OF MERIDIAN.
Dated thi~day of September, 2003.
CITY OF MERIDIAN, a municipality and
Political subdivision of the State ofIdaho
ATTEST:
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ATTEST:
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Secretary
STATE OF IDAHO, )
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STREET LIGHT AGREEMENT
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County of Ada, )
On this 't~ay of 9tr~ Ù;VL , 20~ before me, the undersigned, a Notary
Public in and for said State, personally appeared ~~ and WILLIAM G.
BERG, JR., known to me to be the~ aJ:I~CitY.CÌer 0 e I OF MERIDIAN, Idaho,
and who executed the within inst\1i~t,jfua ~edged 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
STATE OF
County of
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NOTARY PUBLIC FOR IDAHO
RESIDING AT AdJz, Ct:t<N'V-i:A.A.!, ìA.:.JA.<")
MY COMMISSION EXPIRES "1" ~? 'ð- 0'5
On this.L2. day of ~¡Hen-t"Ju.,.-- ,2003 . before me, the undersigned, a Notary Public
in and for said State, personally appeared :1"OHN' 13avr¡ I' and
known to me to be the President and Secretary of
Øtôt2-tv..fIb5 ;;,(J,çsrlVL<......- ., 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.
SEAL
STREET LIGHT AGREEMENT
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NOTARY UBLICFORIDAHO
RESIDING AT ~.>e--- .:;?SZ;;?
MY COMMISSION EXPIRES-Zj I zj 0 '7
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