Street Light Maintenance Agreement for Knightsbridge SubdivisionADA COUNTY RECORDER Christopher D. Rich 2017-022339
BOISE IDAHO Pgs=4 BONNIE OBERBILLIG 03/16/2017 11:05 AM
CITY OF MERIDIAN, IDAHO NO FEE
STREET LIGHT M.9XIVTENANCE AGREEMENT
KNIGHTSBP"GE SUBDIVISION
This STREET LIGHT MAINTENANCE AGREEMENT ("Agreement") is made and
entered. into this- day of 2e- 20X'1("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 MM&T Holdings LLC an Idaho
Limited Liability Company ("Developer"), whose address is 10248 Turner Drive Middleton, ID
83644.
WHEIMAS, pursuant to Meridian City Code section 11 -3A -21(B), the City generally
maintains only shoebox- and cobrahead-style streetlights, and requires that decorative street
lights be maintained by the developer or homeowners association under a maintenance
agreement duly executed. with City;
WHEREAS, Knightsbridge. Subdivision is a residential subdivision within the City of
Meridian, County of Ada, State of Idaho with four (4) speoiaf-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;
1V(ENTS
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 Knightsbridge 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 41 C .Agreement with .Idaho Power
Company. Developer acknowledges that street lighting served under the Schedule 41C
Agreement trust 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 streetlights located in the
Knightsbridge 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 Knightsbridge 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.
11I. 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 Knightsbridge 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
Knightsbridge 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; Knightsbridge Subdivision PAGE 2 of 4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this i
day of r, Q rC% 2017.
MM&T Holdings LLC
BX
Dave W Iurner, Member
ASHLEY DOAUSTIN
Notary Public
State of Idaho
CITY off" RIDA N:
STATE OF IDAHO )
ss:
County ofAM M_ )
I HERI,BY CEitTIF'Y that on this day of
ff A , 2017, before the undersigned, a Notary
Public in the State of Idaho, personally appeared David W,
Turner, identified to me to be a member of the limited liability
company that executed the instrument on behalf of said
company, and acknowledged to me that such company
exeouted 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,
Notary Public Or Idaho `
Residing at i Qi , Idaho
My Commission Expires: I Z1
BY: Attest: 1--&/r
Tafnmy d i erd, Mayor Jay Cbfes, City Clerk ~
STATE OF IDAHO )
ss:
County of_`)
I H BY CFR'I IFY that on this`t day of
2017, before the undersigned, a Notary
060.0.6+6.. Public In the State of Idaho, personally appeared Tammy de
0 Weerd and C. Jay Coles, proven tome to be the Maypr and
oTA`-',
Y City Clerk, respectively, who executed' and attested the said
V 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
first above written.
c`
lka" bkq=
Notary Public for Idaho
Residing.a(TnM &- , Idaho
My Commission Expires: 8 `A9 r i t)aa
STRLBT LIGHT AGREEmFNT2 Knightsbridge Subdivision PAGE 3 of 4
EXHIBIT A
KNIGHTSBRIDGE SUBDivisioN
21
11 ;
I MERIDIAN, ID
GENEALlGHT O ELENT PIANS
STREET LIGHT AGREEMENT; Knightsbridge Subdivision PAGE 4 OF 4