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Bancroft Square Street Light Maintenance AgreementADA COUNTY RECORDER Christopher D. Rich 2017-016483 BOISE IDAHO Pgs=5 LISA BATT 02/24/2017 08:04 AM CITY OF MERIDIAN, IDAHO NO FEE STREET LIGHT MAINTENANCE AGREEMENT BANCROFT SQUARE SUBDIVISION This STREET LIGHT MAINTENANCE AGREEMENT ("Agreement") is made and entered into this day of _ Fe6 , , 2017 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), whose address is 33 E. Broadway Ave,, Meridian, Idaho, 83642, and Berkeley Building Co., Inc, an Idaho Corporation("Developer"), whose address is 2275 South Eagle Road #185, Meridian, ID 83642, WHEREAS, pursuant to Meridian City Code section 11 -3A -21(B), the City generally maintains only shoebox- and cobrahead-style street lights, and requires that decorative street lights be maintained by the developer or homeowners association under a maintenance agreement duly executed with City; WHEREAS, Bancroft Square is a residential subdivision within the City of Meridian, County of Ada, State of Idaho with four (4) special -order, decorative street lights, installed by Developer to satisfy in part, the City of Meridian requirements for street lighting; and NOW, THEREFORE, for the exchange of good and valuable consideration, the receipt of which is hereby acknowledged, the parties'agree as follows: I. COMMITMENTS A. City's commitments. From the Effective Date of this Agreement forward, City shall be responsible for paying Idaho Power Company for the provision of electricity required to operate the four (4) decorative street lights located in the Bancroft Square Subdivision, as identified in Note #2 on the Street Light Plan, attached hereto as exhibit A and incorporated herein. It is agreed that City will enter into a Schedule 41C Agreement with Idaho Power Company. Developer acknowledges that street lighting served under the Schedule 41C Agreement must be controlled by a photo electric device of the "fail off' type. A. Developer's commitments. From the Effective Date of this Agreement forward, Developer shall be responsible for: 1. Maintenance and/or Replacement, as needed to ensure functionality, of: fuses, wiring, bulbs, ballasts, or photoelectric cells in the four (4) decorative street lights located in the Bancroft Square Subdivision, as identified in Note #2 on the Street Light Plan, attached hereto as Exhibit A and incorporated herein. 2. Replacement and/or repair, as needed due to damage, deterioration, or loss, of the four (4) decorative street lights located in the Bancroft Square Subdivision residential subdivision, as identified in Note #2 on the Street Light Plan, attached hereto as exhibit A and incorporated herein, and any component or appurtenance thereof. H. GENERAL PROVISIONS, A. Time is of the essence. Developer acknowledges that commitments made under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. B. Heirs and assigns. It is understood and agreed that Developer will assign its rights and obligations under this Agreement to the Bancroft Square Subdivision home- or property owners association when said such organization is formed. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding on Developer, City, the Bancroft Square Subdivision home- or property owners association, and these parties' respective heirs, successors and assigns. C. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. SIGNATURES ON FOLLOWING PAGE STREET LIGHT AGREEMENT; Bancroft Square Subdivision PAGE 2 OF 4 IN WITNESS WHEREOF, the panties hereto have executed this Agreement on this day of rP l2U_G. d � 2017. Berkeley Joe Atalla, Co., Inc. .•x''1 1 woo''••. ��.•`�ypTARy`��,.G ''UBL1C / OF CITY OF ME BY: Tammy de exd, Mayor STATE OF IDAHO ss: County of ) I HEREB CERTIFY that on thisa 1, day of 017, before the undersigned, a Notary Public in the State for Idaho, personally appeared Joe Atalla, identified to me to a the president of the corporation that executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same.. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. No lic for Idaho Residingat J� , Idaho My Commission Expires: Go�PORarFo � R w St: C.y Cole City Clerk ATE OF IDAHO ) ) ss: Countyof !\ da- ) s•"•""`•. I HEREBY CERTIFY that on this 1 day of .•��L�' N�' `'•., 2017, before the undersigned, a Notary Public in the Statb of Idaho, personally appeared Tammy de Weerd and C. Jay Coles, proven to me to be the Mayor and ' City Clerk, respectively, who executed and attested the said instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand '•' . �+ • and affixed my official seal, the day and year in this certificate •.#;'?i 4 N first above written, Notary Public, for Idaho , a Residing at `�/ I /�(i C� , Idaho My Commission Expires: 15 'a? 'a b a STREET LIGHT AGREEMENT: Bancroft Square Subdivision PAGE 3 of 4 EXHIBIT A STREET LIGHT AGREEMENT: Bancroft Square Subdivision PAGE 4 OF 4 Ob p gOee &�jy.&p3 a RpF� h4 Z O R hjqtyt §P Bancroft Square Subdivision t; 2750 S. Eagle lad, Meridian, ID Lighting Plant