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HomeMy WebLinkAboutStreet Light Agreement with Redfeather Estates Subdivision Homeowners Association for Redfeather Estates No. 5 4. 5. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 05125105 08:36 AM ~~~gJÓE~~~~Q~~~~I~g 1111111111111111111111111111111111111 Meridian Cily 105066159 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Redfeather Estates Subdivision Home Owners Association, Inc. pertaining to the street lights in Redfeather Estates #5, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Redfeather Estates Subdivision Home Owners Association, Inc. has provided 3ea. Single ~street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Redfeather Estates #5, in Meridian, Idaho. The parties acknowledge that the 3ea. Simrle head street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho . 2. Redfeather Estates Subdivision Home Owners Association, Inc. or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, and/or appurtenances thereo( that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Redfeather Estates Subdivision Home Owners Association, Inc. 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 3ea. Single head street lights located in Redfeather Estates #5, in the usual and customary manner. 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. It is understood and agreed that Redfeather Estates Subdivision Home Owners Association, Inc. will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT Page 1 tE> This AGREEMENT shall be binding on Redfeather Estates Subdivision Home Owners Association, Inc. its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this lYl day of -«\ClA-.I \ ,20GS . CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho ATTEST: BY~~ . Mayor, DeWeerd ~..ul9:J~c-..c.:e Ç-npS Redfeather Estates Subdivision Home Owners Association, Inc. By ~~ President ATTEST: ~ Secretary STREET LIGHT AGREEMENT Page 2 ~3 STATE OF IDAHO, ) : ss. County of Ada, ) On this 11!'day of .MIt j .' 20_~ before me, the undersigned, a Notary Public in and for said State, per naIIy 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. ,,""""""" :l;~~C<¿ !:~.~~~ :: .:,¥. ~.þ\ f ~OTA~r \ \ SEAL :* -.- .*= \ ÞUB\.\C IV' \ <P.>,.... ho "'" -1» ....... ~:f "" lì OF \~ . .............., .d~ T PUBLIC FOR IDAHO S INGAT fJ1tn'tblIlJ~ COMMISSION EXPIRES 00 /0 7 STATE OF ,) County of ,) On this 4t~y of ~ 20~ before me, the undersigned, a Notary Public in ~nd for said State, p sonally appeared R ~ro.~ 8:rDLles and ~ed t:~t~e~E~t~~~ ~Or:\ ., ~o~ :=~oth~e~n ~:~~:n~~ b~:~:7s:: 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. ......111..... ,,"'~<¿\LA s~"'~- l~C;; "."~t-""'o , it NO7'..~ ,~'\ SIf\L ... -toil J. 'P i = II> A.'" ¡¡ \ ~ 1I8llC 1 \ 'Y;. I ~.2 .............. JhuJ~J~L~Jc) NOTARYPUBLgORIDAIJP. ~I RESIDING AT IJ) fRE'-"'C,¡ MYCOMMISSIONEXP S :;J-f::;-Q'Drxj) STREET LIGHT AGREEMENT Page 3 ,~