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HomeMy WebLinkAboutStreet Light Agreement with Hillview Development Corporation for Champion Park #2 ADA CDUNTY RECDRDER J. DAVID NAVARRO BDISE IDAHO OBIO5ID4 11:31 AM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF Meridian City AMOUNT .00 1111111111111111111111111111111111111 104100378 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Hillview Development Corporation pertaining to the street lights in Champion Park Subdivision No.2, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: I. Hillview Development Corporation has provided one (1) street light pole, concrete pole base, fIXtures, bulb, and components to the residential development known as Champion Park Subdivision No.2 in Meridian, Idaho. The parties acknowledge that the one (1) street light pole and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Hillview Development Corporation, or its 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 Hillview Development Corporation, or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballasts, 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. one (I) street light located in Champion Park Subdivision No.2 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 ballasts 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 ballasts. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photoelectric device of the "fail off' type. 5. It is understood and agreed that Hillview Development Corporation will assign its rights and obligations hereunder to the Champion Park Subdivision Homeowners' Association when said Homeowners Association is formed and operational. CHAMPION PARK SUB. NO.2 STREET LIGHT AGREEMENT Page I on This AGREEMENT shall be binding on Hillview Development Corporation, its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this a:J day of ~~~~ ,2004. CITY OF MERIDIAN, a municipality and Political subdivision of the State ofIdaho ATTEST: Hillview Development Corporation, an Idaho Corporation authorized to do business in the State ofIdaho ATTEST: ~~~ Don Hutt, Secretary/Director CHAMPION PARK SUB. NO.2 STREET LIGHT AGREEMENT Page 2 of3 STATE OF IDAHO,) : ss. County of Ada, On this ¿!"day of Jco.\y , 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 WI1NESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first abovp. written. .....m...... ~'~~"\C1!. L. 8.:"~. ~. ~/.....:7.t.. ". :I "I' ...0' '. "'0$. ~ l : ,..OTA~¡.\ \ ä * ! -.- i * Ë \ \. ÞlIn \~ j ~<P~" 0 .: ". -11"""'" ~~.: ".".l! OF \~ 't;....., ,.........".., SEAL STATE OF IDAHO,) : ss. BLIC FOR IDAHO AT Medtf.,'(A, IrfJA cÞ~...'¡'..¡ SSION EXPIRES 0II!;J..O/O7 , . County of Ada, ) On this ~~ of 2004, before me, the undersigned, a Notary Public in and for said State, personall ap ed JIM MERKLE and DON HUTT, known to me to be Directors and the President an S retary, respectively, of HILLVIEW DEVELOPMENT CORPORATION, and who exec the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WI1NESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL ,""""""'" ....., c,CA L. ..""'" ~. '9<9 ........~7",¿. .~ ':' ~ .' .. "" . il~l ,..OTA~.:'\,.l.\ ( . "". ¡ -.- : : . : :I '" \.. ÞUBL\c, l ¡ ,,<P,;.'" ...01 ~... ",¡........, ~~ ,. ~.....1i OF \~ ....." ............- CHAMPION PARK SUB. NO.2 STREET LIGHT AGREEMENT Page 3 of3