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HomeMy WebLinkAboutStreet Light Agreement with Capital Development for Settlement Bridge No. 5 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 08/31/06 02:23 PM DEPUTY Vicki Allen RECORDED - REQUEST OF City of Meridian AMOUNT ,00 3 1111111111111111111111111I11111111111 106141051 ,j STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Capital Development Inc., pertaining to the street lights in Settlement Bridge #5 a residential development in Meridian, Idaho. F or good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows; 1. Capital Development inc has provided 3ea. single head 100watt street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Settlement Bridge #5 in Meridian, Idaho. The parties acknowledge that the 3 ea. single head IQOwatt street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Capital Development 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 thereof: that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Capital Development 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 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 3ea. single head 100watt street lights located in Settlement Bridge #5 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 ldaho 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 Capital Development Inc will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT Page 1 c\) ~ This AGREEMENT shall be binding on Capital Development Inc. its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this ad dayof ~~~d , 20 l\l D . CITY OF MERIDIAN, a municipality and Political subdivision of the State ofIdaho ATTEST: . /-; ~~ r~2Z-1J0 Capital Development Inc. By ATTEST: J::t ~- STREET LIGHT AGREEMENT Page2 ~ ~ : ss. County of Ada, ) On this :ti-ty of ~ ' 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 14dii~..... .....OT~.,t. .\ . , . . , . . . . . . . . , . . . ., . . . , . ..{n:,,~..,l .. ;711 .. ' '~ . " or .... dhaArn~itv NOTARY PUBLIC FOR IDAHO RESIDING AT VVLL [~Xl MY COMMISSION EXPIRES Jd (0--/)" -l{ STATE OF ,) ,) ss. County of . On this ~ day of '0' M;& , 20.12lL.., before me, the undersigned, a Notary Public III and for saId State, p sonaUy . appeared RCLiNLu"VL y OY~ alSOV'-- and Wla...vi tJV\. VOY'jOdOvL . known to me to be the Pre '(lent and Secretary of r.a p' W De \/(J Lc.~~ -:h1 ("' ., and who executed the within instrument on behalf of said corporation, and ac owledged 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 A~\\""Il"""1. ~o.D. GRA)fa 1""". r' ~;.........~-"IIl\ 'J . .. I /.~OTAR'Y \. ... . \' . ~ = : : = :; : : = ~ . . - ~ -.. F"L ~ -c,:.: ~ "\. . .'"...- .. ~ ~ .... 0..- # ~ ....."Ii.i~.-I:\ ~ "",/l;qn: OF \\)1>.~\\,,, ""'111I11I\\\\\\ ~~0 NOTARYPUBLICF IDAHO RESIDING AT .'BDisL. ID MY COMMISSION EXPIRES IIY COMNISSION DPIUI Jane 8, 2012 IDtrIDIOftlRUNOI'ARY PUBLIC tJNDERWRITIIIlI STREET LIGHT AGREEMENT Page 3 o\u ~