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HomeMy WebLinkAboutStreet Light Agreement with Great Sky, Inc. for Sutherland No. 3 F.,b. 8. 2005 5:05PM No.98 2 2 p. 2 ADA COUNTY RECORDER J. DAVID NAVARRD AMOUNT .00 BOISE IDAHO 03/23/05 09:50 AM ~~~:E~~~~Q~~~f~l~g 111111111111111111111111111111l1li111 Meridian Cily Public Works 11351334659 STREET LIGHT AGREEMENT This Street Light Agreement is made and enu:red into between the CITY OF MERIDIAN and Great Sky Inc., pertaíDing to the street lights in SutherLand Farm Phase 3, a residential development in Meridian. Idabo. For good and valuable consideratioo, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Great Sky Inc. has provided gea SÎWl:le head and lea double head stJ"eet light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Sutherland Farm phase 3 in Meridi811. Idaho. The parties adwowledge that the gea siDJde !;teat! and lea double head street light poles and appurtenances were specially ordered ítems, not customarily used in residemiaJ devl¡!lopments in MeridilU1, Idaho. 2. Great Sky Inc., or it's -goB, agree to repJaœ. repair and provide any required maintemmcl¡! of any of the above mentioned street liglds, and/or appurtenances thereof; that may hereafter be brolœn, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Great Sky Inc, or its heirs, successors and assigns. sha11 keep the lights op8latioJl81 at all times, it being tmderstood. by the City that bulbs, and/or ballast, do burn out and that the City win allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the eleetrica1 service to be supplied to the 2a IlÚl8Ie head and 2ea d~lS! \)ead street lights locatoo in Sutherland Farm Sub. #3 in the usual and customary manner. -- It is agreed that the City of MeridillJl, because Idaho Power Company will not maintain the bulbs and ballast or provide any maiJltenance, will enter into a' Scl1edull¡! 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper çases provide that Idaho Power Company would provide I1l8Ù1teJ1ance. bulbs. and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device ofthl¡! "fail off' type. 4. s. It is undetstood and agreed that Great Sky Inc. will assign its rights and obligations hereunder to Sutherland Farm H.O.A when said Homeowners Association is formed and operational. Pase-L nf ð-. Page I STREET UGHT AGREEMENT ~eb. 8. 2005 5:06PM No.9822 p. 3 This AGRBBMENT shaI1 be bitlding on Great Sky Ioo. its heirs, SUccesllOts and assigns, and the CITY OF MERIDIAN. Dated this P> day of -\f\ 01 \ lY-\ . 20.á5-. CITY OF MERIDIAN, a municipality and Political subdivision of the State of:ldaho ATTEST: Great sky Inc. ~@~ President By ATTEST: N~ SIB etaty ~ STREET UGIIT AGREEMENT Page 2 fJqe~ Feb, 8. 2005 5:06PM No.9822 p. 4 STATE OF IDAHO, ) : IS. County of Ada. ) On this ~ day of ~ m . 2oß5, befure me, the undelSigned, a NotaIy Public in and for said State, personalty appeared Mayor DBWEERD, 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 instrummn. and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereuDto set my hand and affixed my official seal the day and year first above written. ....... ....1E A. .... . ..... .':' t.~.-_....:..~.. .. '. . \.:. OJ.... ... "!='-'+OT.:.....:" ",,:"- '("~~... : :' ...". ,~"> ~.tí~.. : ¡ SEAL : yr: .. ~ ~ .. : :: : ¡ : ~tß." ~i": : : ~'~.... - l'. '0: ... . .'" ~-v..&IQ. ,'.', ~'.. .~ 0 .---':'dO ~~l\.: ,',(J." ....r..IR~.. ..;f òF-í\) :~.' ........ ~~C\. ~~~ , NOTARY PUB~ IDAH~ RESIDING AT (J...." . MYCOMMISSIONEXPIRBS -N-('PI STATE OF ,) County of ,) On this L day of t1I ~ fI . 2~ befure me. the undeBigw:d, a NotII1y Public in and fur said StAte, perøooaJly appeared {V'ljcl'ca. 'èø ~ . and known to me to be the President and Secretary of Great Sky Inc., and who executed the within instrwnent on behalf of said corpotarion, and aclmowledged to me that said corpomtion executed the same. IN WITNESS WHBRBOF, I have hemInto set my band and affixed my otJicjal seal the day and year first above written. ; 88. SEAL STREET LIGHT AGREEMENT ~~ ARY PUB~QR. IDAHO RESIDING AT ~ ~ ' MY COMMISSION EXPIRES .. 2./ ð ~ Page 3 Page 6 nf ?,.~..