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HomeMy WebLinkAboutStreet Light Agreement with Great Sky, Inc. for Sutherland No. 4 F~~~. 8.,2005 5:06PM ~I ~ 00') ') n ~ ADA COUNTY RECORDER J, DAVID NAVARRO AMOUNT .00 3 BOISE IDAHO 04/22105 10:19 AM ~~~~ÒE~~ttiR~~~E~~OÒF 1111111111111111111111111111111111111 C'W 'M 'd' 105049331 I 0 efl Ian ,-,._,--,.,--_..._----,--,-----' ST T LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Great Sky Inc.. pertaining to the street Jiglrts in SutherLand Farm Phase 4, a residential development in Meridi~ Idaho. For good and valuable; consideration, the receipt of which' is hereby ack:nowl~ the parties agree as follows: 1. Great Sky Ino. has provided ~ light poles. concrete pole bases, fixtures, bulbs. and components to the residential development known as Sutherland Farm phase 4 in ~ Idaho. The parties acknowledge that the 6 sareet light poles and appurteoances were specially ordered items, not customarily used in residentiat developments in Meridian, Idaho. 2. Great Sky 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 deteriora~ or require maintenance, at its own expense; and it is further agreed that Great Sky Inc, or its heirs. succeSSOJB 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 6 street lights located in Sutherland Fann phase 4 in the usual and - customary manner. .. It is agreed that thiS City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any nuúntenanoe, will enter into a Schedule 40 Agreement with Idaho Power Company, and DOt a Schedule 41 Agreement, which in proper oases pro\lide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Sohedule 40 Agreement IWst be controlled by a photo eledriç device of the "fail off" type. 4. 5. It is understood and agreed that Great Sky Inc. will assign its rights and obligations hereunder to Sutherland Fann H.O.A when said Homeowners Association is fanned and operational. STREET LIGHT AGREEMENT Page 1 ~ ::, F B.!ì,. 8.. 2 0 0 5 5 : 0 6 P M No.9822 p. 6 This AGREEMBNT shall be binding OD Great Sky Jnç, its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this ~ dayof \\~t . 20 (£ . CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho By ATTEST: (l c,;, ~ 4-5'-f)þ Great Sky Inc. ..~//)í" By- cfliØ\ ~ President ATTEST: Secretary STREET LIGHT AGREEMENT Page 2 0\) ~ . . ~~J1. 8,- 2005 5: 07PM No.9822 p. 7 STATE OF IDAHO, ) : 88. County of Ada, ) ~ On thial. day of ~ , . 20~ before me. the undersigned. a Notary Public in and for said State, P nally appeared Mayor DEWEERD, and Wß.,LIAM G. BERG, JR, known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN. Idaho, and who executed the within ÍJ1stnuneiit, 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 - ......... .... ~..:._gl.. --. ~. ~""'tÂJl""§'~.. . ," 0 . ,.2, ~-'. . ...!to.: .,... ': V' . . ,~ , . . : , . . , I . . . I . . I , . . \ J . . , I . . , I . . ' ~ " . . " .. . .".. . .~,,;;.-_.. "-..a~ .. ~ l!; Of ,,~-- .........- STATE OF ,) : ss. ~~\L ~L ~~~~ NOTARY ~OR IDAH~A RESIDING AT ~ \.. , MY COMMISSION EXPIRES ~ ~ County of ~) On this L day of ~ 2Q? S . beIin me, 1110 ~ Nolaly Publie in and for said State, personally appeared T('~(}(:L. ~.}<è. and lmown to me to be the President and Secretary of Great Sky Inc., and who executed the within instnunent on behalf of said corporatìo~ and acknowledged to me that said corporation executed the &aIDe. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .. - . SEAL STREET LIGHT AOREEMENT ./I¿JfJ~ NOTARY PUBU~OR' IDAHO RESIDING AT . cI~ I MY COMMISSION EXPIRES :;;;.¡ / 2-/ If \' Page 3 ~ .:>