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HomeMy WebLinkAboutStreet Light Agreement with Heron River Development for Crossfield Subdivision No. 2 ". ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 3 BOISE IDAHO 11/22/06 OB:29 AM DEPUTY Bonnie Oberbillig 1111111111111111111111111111111111111 RECORDED - REQUEST OF 106183579 Meridian City STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Heron River Development LLC, pertaining to the street lights in Crossfield Subdivision #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. Heron River Development LLC has provided ~street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Crossfield Subdivision #2 in Meridian, Idaho. The parties acknowledge that the 5 street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Heron River Development LLC, 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, 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 5 street lights located in Crossfield Subdivision #2 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 Heron River Development LLC will assign its rights and obligations hereunder to Crossfield Subdivision H.D.A. when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT Page 1 '\).3 This AGREEMENT shall be binding on Heron River Development LLC. its heirs, successors and assigns, and the CITY OF MERIDIAN. 14 day of ~()\)J'~ .'\ ,20CS\JJ Dated this CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho I I II' ill 1 """ \\111 f ~,.-. .ill/ ,,\ -l 0 ,"'t:.;:'!>I~, 1/" ATTEST: ....',' :<.. "' _ "1:<" /";', !' a . rS?c~.:, {~1", .<~. f ~F'['0\' = l:;.l.::_o-,.:..LJ} =-~ ,::.. cC:)l .~: William G. Berg, Jf., ity lerk ~ _ ~,:J/o /::." ~ ~ .,. 1~' '::,> (\. ^ r'\\\ ~ "'-R A ny ~, . N . \\:,." ' ,--\~\.Yv"""""" '1"\ 1/1111/1111\\\1' Heron River Development LLC By IL2r-- R. Craig Groves Its: Manager STREET LIGHT AGREEMENT Page 2 ~ 3 .." '-- STATE OF IDAHO, ) ss. County of Ada, ) On this I &l~y of n.D (j-(A'YLb.C'1 , 20 oG , 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 ofthe 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 ....... !:-.J.\QN.. ....;~O'l'~~.... . f ,'-~. · t ~. . I . . . '. .~\ : . \~ .f. ..." ,'. .- -ffr4 " ; · "~St. ~"-'-'-'- .. -. . .... S h iLIl'V1 S rvu 'f4 NOTARY PUBLIC FOR IDAHO RESIDING AT f11.tLhcl ,jcl.c..fw MY COMMISSION EXPIRES Ie -/.F-II STATE OF ,) ; 55. County of ,) On this ~ day of ~ 201lla., betl m and for said State, personally appeared known to me to be the resi Estates LLC, and who executed the within instrument on be 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 STREET LIGHT AGREEMENT Page3 ~ ~