HomeMy WebLinkAboutStreet Light Agreement with Lochsa Falls, LLC for Lochsa Falls #6
5.
ADA CDUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 04/22104 11:00 AM
DEPUTY Bennie Oberbillig
RECORDED-REQUEST OF
Meridian City
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104048416
STREET LIGHT AGREEMENT
This Street Light Agreement is made and entered into between the CITY OF MERIDIAN
and Lochsa Falls, LLC pertaining to the street lights in Lochsa Falls #6, a residential
development in Meridian, Idaho.
For good and valuable consideration, the receipt of which is hereby acknowledged, the
parties agree as follows:
1.
Lochsa Falls, LLC has provided 6 single head street light poles, concrete pole bases,
fixtures, bulbs, and components to the residential development known as Lochsa Falls #6
in Meridian, Idaho. The parties acknowledge that the 6 single head street light poles and
appurtenances were specially ordered items, not customarily used in residential
developments in Meridian, Idaho.
2.
Lochsa Falls, 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 Lochsa Falls, 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.
J.
It is agreed that the City of Meridian authorize and pay for the electrical service to be
supplied to the 6 single head street lights located in Lochsa Falls #6 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 ofthe "fail off' type.
It is understood and agreed that Lochsa Falls, LLC will assign its rights and obligations
hereunder to when said Homeowners Association is formed and operational.
STREET LIGHT AGREEMENT
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This AGREEMENT shall be binding on Lochsa Falls, LLC, its heirs, successors and
assigns, and the CITY OF MERIDIAN.
Dated this
/ r-/f day of
!JzMV'L
,20 ¿PI-.
CITY OF MERIDIAN, a municipality and
Political subdivision of the State ofIdaho
ATTEST:
Lochsa Falls, LLC
By ~ ?5
Marty 01 smith, Member
STREET LIGHT AGREEMENT
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STATE OF ,IDAHO )
) ss.
County of Ada)
On this æ day of ~t Ç\~\ 1 ,2004 , before me, the undersigned, a Notary
Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G.
BERG, 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 WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year fIrst above written.
SEAL
~\\~ ,~ .~..t~N-- )
NOTARY PUBk\ FOR IDAHO
RESIDING AT \~~ ~~~~
MY COMMISSION EXPIRES . - -
STATE OF IDAHO )
) ss.
County of Ada)
On this 11i:1o. day of !\IIt;trel.. , 20~, before me, the undersigned, a Notary
Public in and for said State, personally appeared Marty Goldsmith, known to me to be a Member
of Lochsa Falls, LLC, and who executed the within instrument on behalf of said company, and
acknowledged to me that said company 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
~~.~
NOTARY PUBLIC FOR IDAHO ~
RESIDING AT ~~ -J h
MY COMMISSION E PIkES 57 I (}..f O~
,
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