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HomeMy WebLinkAboutStreet Light Agreement with Lochsa Falls, LLC for Lochsa Falls No. 12 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 05126/05 08:36 AM DEPUTY Bonnie Oberbillig 1111111111111111111111111111111111111 RECORDED-REQUEST OF 105066151 Meridian City STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Lochsa Falls, LLC pertaining to the street lights in Lochsa Falls #12, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Lochsa Falls, LLC has provided 17 each Single Head and I each Double Head street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Lochsa Falls #12 in Meridian, Idaho. The parties acknowledge that the 17 each Single Head and 1 each Double Head street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Lochsa Falls, LLC 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 Lochsa Falls, LLC 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 17 each Single Head and 1 each Double Head street lights located in Lochsa Falls #12 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 ofthe "fail off' type. 5. It is understood and agreed that Lochsa Falls, LLC will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT Page I ~ ~ This AGREEMENT shall be binding on Lochsa Falls, LLC, its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this ~ day of -\\\1) U \ ,20.ffi-. CITY OF MERIDIAN, a municipality and Political subdivision of the State ofIdaho ATTEST: STREET LIGHT AGREEMENT Lochsa Falls, LLC By """'A_~ Marty Id mith, Me er Page2 ~ ~ STATE OF IDAHO) ) ss. County of Ada ) On this 3tt1 day of ~ ' 2005 , 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL " """"'" .....,c.£. L. S";""« .l +" ",,"oooo..'(J>.¡~"" ." ..:,'r" 00 o. or .... ! f ~OTA~,¡..'\ \ r * : -.- : * i \ \, I'UB\.\c' J J "". Ú' '0. ./.:.0 ~ '. ;~ ........, ~. ~~ ""..}l1 01' \",..' ............., ./J~ N PUBLIC FOR IDAHO iIDOM~¿S~ION ~tf/;i/ ~;;/ °7 STATE OF IDAHO ) ) ss. County of Ada ) ~ On thi~1 day of nIl, 2005 , before me, the undersigned, a Notary Public in and for said State, personally appeared Marty Goldsmith, known to me to be a Member of Lochsa Falls, LLC, and who executed the within instrument on behalf of said company, and acknowledged to me that said company 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 LIGHT AGREEMENT -¿~tJ¿f RESIDING AT v~ MY COMMISSION EXPIRES 0/1.:2 /05 Page 3 Joë>