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HomeMy WebLinkAboutStreet Light Agreement with Woodside Properties for Woodside Creek ADA CDUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ~~~~~A~~~:~~~~e~1:31 PM 1111111111111111111111111111111111111 RECORDED-REQUEST OF 104135733 [ilERIDIAN CITY --- STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Woodside Properties. pertaining to the street lights in Woodside Creek, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Woodside Properties. has provided 4ea. Single head street light poles, concrete pole bases, fixtures, bulbs, and components to the resiqential development known as Woodside Creek in Meridian, Idaho. The parties acknowledge that the 4ea. Single head street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Woodside Properties, 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 Woodside Properties, 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 bum 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 4ea. Sinlrle head street lights located in Woodside Creek 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 Woodside Properties. will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET UGHT AGREEMENT pagelct~ This AGREEMENT shall be binding on Woodside Properties. its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this -\ Q, day of (~M.{)Ql ,,--, , 20&. CITY OF MERIDIAN, a municipality and Political subdivision of the State ofIdaho ATTEST: ..~~~ Woodside Properties BY~ltGt1 ,Ú~ PresÌðent ATTEST: Secretary STREET UGHT AGREEMENT Page 2 ~~ - ~ STATE OF IDAHO, ) : ss. County of Ada, ) On thisl9.. day or(jf::. Ì:t\:U 1\ , 2~ before me, the undersigned, a Notary Public in and for said State, personally appeared Mayor DEWEERD and WILUAM 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 STATE OF ,) ,) : ss. County of h~ÙL~_~~ NOTARY PUB~f2: FOR IDAHO RESIDING AT ~ ~t MY COMMISSION EXPIRES - -( On this;23day ofSør-.ifuC., 2004 , befo. re me, the under~ed, a Notary Public in and for said State, personally appeared:r ~1J0.t t) P and known to me to be the 'President and Secretary of VIIOD'þ<s'Il)':: ?a.oñø2.í.r¡,s ., and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation 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 UGHT AGREEMENT <-þJ ~~iJ ~ NOTARYPUBUCFO.RIDAH~ 't{ RESIDING AT '12o&</::të 837/ MY COMMISSION EXPIRES ~I )';).1 oq Page 3 c\) Ò