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HomeMy WebLinkAboutStreet Light Agreement with Kevin Howell Construction for Fulfer Sub #1 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 06/22104 10:32 AM DEPUTY Joanne Hooper RECORDED-REOUEST OF MERIDIOAN CITY8 0 AMOUNT .00 .2" .3 1111111111111111111111111111111111111 11341378249 .~,----- -_.~ STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Kevin Howell construction, pertaining to the street lights in Fulfer subdivision #1, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: I. Kevin Howell construction. has provided 2ea street light fixture on single pole, concrete pole base, and components to the residential development known as Fulfer subdivision #1, in Meridian, Idaho. The parties acknowledge that the 2 street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Kevin Howell construction, or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereot: that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Kevin Howell construction, 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 2 street lights located in Fulfer subdivision #1, 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 Kevin Howell construction will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT Page I t\J~ ':.'. ", ¡, """', ...." This AGREEMENT shall be binding on Kevin Howell construction its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this ~ day of ~\-.".\L ,2~. CITY OF MERIDIAN, a municipality and Political subdivision of the State ofIdaho ATTEST: ~~ e erd ~ """", ""'" - - -- -~W "" ...l"'Þ \\\\ '" M 1111 \\\\ ... 0.- E:F¡¡/, "'I " :\" <JL,. // ::,' ç} I\POF/,o -'1- ", f ",.f) r~A ~ ~ ~ v ~ Kevin Howell By7é- 1~ President STATE OF IDAHO, ) ss. County of Ada, On this ~ day of ~--~ , 20 ~ before me, the undersigned, a Notary Public in and for said State, personally appeared Mayor 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 STREET LIGHT AGREEMENT Page 2 &¡) ~ 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 abov,ç,m:;i!t,en. ..., "" ,..., c,~ L. Slit"". ,,- 'fi.'" """" ~¡. '" ¡ .:.,.~/ 0001-\ ¡ f +OTA~r 0.. ~ æ * i -.- \ * ~ . , . . \ \ ÞUB\.\C J i \ <1'.'. Áo I ~. .r., ~....... t.~ ,,' """ lJ OF \'1>...,.- "",......,., SEAL .4JL PUBLIC FOR IDAHO GAT fIltr¡,r!Il£,^- OMMISSION EXPIRES 01/ hð /07 , I STATE OF ~ k ,) County of ~ ,) On this :;2S day of M ,1.« . 20 ~ before .lIle, the un~<7si~~~l Notary Public in and for said State, personally appeared JdZtI/;V' tio~ and known to me to be the President and Secretary of Ø-t/I/I!" .¡.hcve.l/ COl1sfrucJrQl{ ., and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. : ss. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ¿~~ RESIDING AT MY COMMISSION EXPIRES 2/¡ z.Jo 9 SEAL STREET LIGHT AGREEMENT Page 3 elb ~ /