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HomeMy WebLinkAboutStreet Light Agreement with Capitol Development for Settlement Bridge No. 2 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into betWeen the CITY OF MERIDIAN and Capitol Development pertaining to the street lights in Settlement Bridge #2, a residential development in Meridian, Idaho. For good and valuable consideration. the receipt of which is hereby acknowledged, the parties agree as follows: 1. Çapitol Development has provided 5ea. Single head street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Settlement Bridge #2 in Meridian, Idaho. The parties acknowledge that the 5 ea. Single head street light poles and appurtenances were specialty ordered items, not customarily used in residentiaJ developments in Meridian, Idaho. 2. Capitol Development, 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 Capitol Development. 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 5 ea. Single head street lights located in Settlement Bridge #2 in the usual and customary manner. 4. It is agreed that the City of Meridian, because ldaho 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 Capitol Development will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT Page 1 MaY.26. 2005 II :34AM No.4404 p. 3 i.: This AGREEMENT shall be binding on Capitol Development its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this ~ day of 6.1,),$\L .j ,2065 . CITY OF MERIDIAN, a municipaJity and Political subdivision of the State of Idaho ATlEST; (J'1;~ 6-ZI-oS Capitol Development By ATTEST: ~~- f- STREET LIGHT AGREEMENT Page 2 MaY.26. 2005 11 :34AM ( .' No.4404 p. 4 STATE OF IDAHO, ) . ss. County of Ada, ) On this £~ay of <:"" )i.lV\L , 20 05 . before me, the undersigned, a Notary Public in and for said State, personally appeared Mayor 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, J have hereunto set my hand and affixed my official seal the day and year first above written. SEAL t"""""" t" e L --.. 1i.",,'~:\c.Ð . S.I_-".. l" ~..... "7,/ ~# ~'" ...~\ : -.~ -:. i : ~OTA~r \ ': : * : -.- &.: ; , :J<:: '\ .. Þ{TBL\C; : \. ø. --. ,Fr! '#:;... .. c ~ "'. .., J. ""'.... ~..." "'. i. Û t \~ ~ ..".." '. ~,. "" . ,\,~' STATE OF ,) .) : 5S. County of þ On this ~day of ~ VÎ("'~ . 20.QS...., before me, the undersigned, a Notary Public in and for said State, personally appeared mmon \.1r"r~o.roY\ and -g;()~ '~\(n ;~~ known to me to be the Pre.dent 8JId Secretary of . r'~C( 0->/0\ :1: ., and who executed the witlún 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 :ft~_.,._"".,."..... "--..-.,,..._~_..._.. --c:">""'""ìf I JUL1EJ-....1B.J-_I,¡.2~{ 'j) ~ N,-i¡¡.cj i;'ú¡j,: H ~1 S"'~ of l(iaho ¡ \:: - .:.. _:. --:"""'_0 -- """J - - _:-::.-..--.,="<" STREET LIGHf AGREEMENT .. u\ NOT Y PUBLIC FOR IDAHO RES ING AT :7'ywsC, \T) MY COMMISSION EXPIRES MY COMMISSION EXPffiES May 13, 2010 UONDED THRU NOTARY I'U1IUC UNDEllWRITEfl.S Page 3