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HomeMy WebLinkAboutStreet Light Agreement with Steiner Development, LLC for Wilkin's Ranch SubSTREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Steiner Development, L.L.C., pertaining to the street lights in Wilkins Ranch Subdivision, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: Steiner Development, L.L.C. has provided 6 street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Wilkins Ranch Subdivision in Meridian, Idaho. The parties acknowledge that the 6 street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. Steiner Development, L.L.C., 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 Steiner Development, L.L.C., 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. 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 Wilkins Ranch Subdivision 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 off" type. It is understood and agreed that Steiner Development, L.L.C. will assign its fights and obligations hereunder to Wilkin.q Ranch Subdivision Homeowner's Association when said Homeowners Association is formed and operational. WILKINS RANCH SUBDIVISION STREET LIGHT AGREEMENT Page 1 This AGREEMENT shall be binding on ~'~¢~//'/gP- t~//e ,C/etc. its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this day of C~/g~Tg~/'r~2'~' ,20 ~/t ATTEST: William G. Berg, .Jr., Citty Clerk CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho Robert D. Corrie, Mayor STATE OF IDAHO, ) : SS. County of Ada, ) On this ~--~day of ,20 o l , before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE 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. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL WILKINS RANCH SUBDIVISION STREET LIGHT AGREEMENT Page 2 Steiner Development, L.L.C. County of ,) ,) SS. On this in and for said State, the Managing Member of instrument on behalf of said the same. IN WITNESS WHEREOF. day and year first above written. 20 , before me, the undersigned, a Notary Pubhc appeared known to me to be ., and who executed the within and acknowledged to me that said partnership executed set my hand and affixed my official seal the SEAL NOTARY PUBLIC RESIDING AT MY COMMISSION EXPIRES WILK1NS RANCH SUBDIVISION STREET LIGHT AGREEMENT Page 3 STATE OF California COUNTY OF Mercad personally appeared before me, Leslie Soares louis J. Steiner personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Notary Public) (This area for notarial seal)