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HomeMy WebLinkAboutStreet Light Agreement with Woodbridge Community, LLC for Snorting Bull Sub 1STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Woodbridge Community LLC, pertaining to the street lights in Snorting Bull Subdivision Phase I, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: Woodbridge Community LLC has provided 26 street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Snorting Bull Subdivision Phase I in Meridian, Idaho. The parties acknowledge that the 26 street light poles and appurtenances were specially ordered items not customarily used in residential developments in Meridian, Idaho. 2. Woodbridge Community LLC, 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 Woodbridge Community LLC, 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 26 street lights located in Snorting Bull Subdivision Phase I 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 Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Woodbridge CommumLLC will assign its rights and obligations hereunder to U1WW'tdoP, �l'1U1'l`1 GQClcj lhQ_ when said Homeowners' Association is formed and operational. SNORTING BULL SUBDIVISION PHASE I — STREET LIGHT AGREEMENT Page 1 This AGREEMENT shall be binding on Woodbridge Community LLC its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this M day of AI rd 20 0 f CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho G. Berg, Jr., City ovx-I OF 1ELAL 5 'kks.: nss�s,�ti.Wbc By: O ATTEST: Secr STATE OF IDAHO,) : ss. County of Ada, ) Robert D. Come, Mayor AppmvtQ 4-A-1101 idge Community LLC O'Neill Enterprises, Inc, Manager By: 64 Derick O'Neill, President On this IL day of Am 1 , 2 00 ) , before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERN, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS Vf day and year first above SEAL set my hand and affixed my official seal the NOTAR 'e.�ipgflA;' MY COMMISSION I� •mmmm• I SNORTING BULL SUBDIVISION PHASE I — STREET LIGHT AGREEMENT Page 2 U County of Ada ) as State of Idaho ) On this Lday of NQVP-MM1 in the year 2000, before me, a Notary Public in and for the State of Idaho, personally appeared Derick O'Neill and L. Edward Miller known or identified to me to be the President and Secretary of O'Neill Enterprises, Inc., Manager of the limited liability company, Woodbridge Community LLC, the Manager who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that O'Neill Enterprises, Inc. executed the same in said limited liability company's name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,tee. 91j •.� '�Oe tyOTAR (seal) �°UBLZG s• ���.•.,q�E OF R si ngng at: expires: SNORTING BULL SUBDIVISION PHASE I — STREET LIGHT AGREEMENT Page 3