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