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HomeMy WebLinkAboutStreet Light Agreement with Kevin Howell Construction for Fulfer No. 4 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 06/25/05 oB:36 AM DEPUTY Bonnie Oberbillig 1111111111111111111111111111111111111 RECORDED-REQUEST OF 105066153 Meridian City STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Kevin Howell Construction pertaining to the street lights in Fulfer #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. Kevin Howell Construction has provided 2ea. Single head street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Fulfer #4 in Meridian, Idaho. The parties acknowledge that the 2ea. Single head street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Kevin Howell Construction, 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 Kevin Howell Construction, 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 2ea. Sin~le head street lights located in Fulfer #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 off" 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 Pagel ~~ This AGREEMENT shall be binding on Kevin Howell Construction its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this ~ day of '\\\.6.).. ~ \ , 20 £:f:L. CITY OF MERIDIAN, a municipality and Political subdivision of the State ofIdaho ATTEST: Kevin Howell Construction ßY/C -)~ President ATTEST: Secretary STREET LIGHT AGREEMENT Page2 ~ ~ STATE OF IDAHO, ) : ss. CountyofAd~ ) On this ::!> r1tay of fll\u..r . 20 ~ 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 above written. SEAL .."......,,~ ."" 1:. L. 8 ..~ ..¿.\C """'.~~J>. ¡ ..::r..'" ".? ? ¡ ~OTA~J.' \ i : " : -.- : * 5 \ \. PUB\.\C J ¡ .. oJ-.'. "'.0 I/' ". "':'¡ ,-.......' >t-'f .1/' "....1'E OF \V ,.,.., "'0""""",' STATE OF ,) . ss. County of ,). On this'£z day of-Ji¡n ¿ , 20ð5 , befor~ ,me, th? unde¡signed, a Notary Public in and for said State, personally appeared ):::¿V/ N fio~ and known to me to be the President and Secretary of J:!et/lA) J-/ow.eel' Cdl1s/r<-<c./tcuJ ., 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 dft""""'" ..t.\.. w. C'1l'... v+ 't,., "4< ... 11'" i~~OT"'4'J- ~\ . tfI . = * -.- = " .ÞUBL.\c. * j ~~ 01 "l'b ...." "'~ "~ c; OF IV." ............ STREET LIGHT AGREEMENT ~JùJ(L NOTARY PUBLI~ IDAHO dd RESIDING AT ~ .¿Iet'. MY COMMISSION EXPIRES 2//2/ oc¡ Page 3 0\);::')