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HomeMy WebLinkAboutStreet Light Agreement with Howell-Murdoch Development Corporation for Cedar Springs #4 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 11/24/04 08:52 AM DEPUTY Bonnie Oberbillig 1111111111111111111111111111111111111 RECORDED-REQUEST OF Meridian City Public Works 104149301 , -----'- STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Howell-Murdoch development corporation, pertaining to the street lights in Cedar Springs #4, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Howell-Murdoch development corporation. has provided 3 double head street light fixture on single pole, concrete pole base, and components to the residential development known as Cedar Springs #4 in Meridian, Idaho. The parties acknowledge that the 3 street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Howell-Murdoch development corporation, 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 Howell-Murdoch 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 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 3 street lights located in Cedar Springs #4 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 oft" 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 1 ct ~ This AGREEMENT shall be binding on Howell-Murdoch development corporation its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this C\ day of --\\ a\ -l.m ~ , 20-cl.-. CITY OF MERIDIAN, a municipality and Political subdivision of the State ofIdaho ATTEST: ~~ Howell-Murdoch development corporation BY1C 'fd /i..Ád President ATTEST: ;ßu" Þ-t 4' ~ ""- Secretary STATE OF IDAHO, ) STREET LIGHT AGREEMENT Page2 ~ ~ : ss. County of Ada, ) On this a. day of \\ ~)l'\'{\ ~ . 20cl, before me, the undersigned, a Notary Public in and for said State, personally appeared Mayor DEWEERD 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 ~fc' ; SEAL ~\\.d). .~~I~ N TARYPUB~ ~ ~ RESIDING AT ~ . MY COMMISSION EXPIRES (j - ð -(\9 ',..'L . ......:" STATE OF ,) County of ,) On this 29day of """'- þhev . 20 ~ before me, the undersignV Notary Public i~û vmM~~SOnal~o:P~~~e t:t-:/~~/p~~ and secretarya~~ j.l,í;;;ll'- .-Ø;";;:..#:&¡/ ~d 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. SEAL S{j#~'<~ RESIDING AT I~ . MY COMMISSION EXPIRES Z! I Z/ oc.¡ STREET LIGHT AGREEMENT Page3 ~~