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HomeMy WebLinkAboutStreet Light Agreement with Capitol Development for Settlement Bridge No 3City of Meridian, Public Works Engineering InterOffrce Memo RECEIVED JAN 1 1 2006 Ta Tara Green Frorne Karie Glenn cc: Da>bee 1 /10/2006 Ree Original /Recorded Dots for Vault City Of Meridian City Clerk Office 106002634 1/6/2006 STREETLIGHT Capital Development Settlement Bridge #3 2 single From the desk of... Karie A Glenn Dept. Specialist Supervisor Public Works: Engineering Division 660 E Watertower Ste 200 Meridian, Idaho 83642-2~0 (208) 898-5500 Fax: (208) 898-9551 • Page 1 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 01106!06 10:00 AM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII I III RECORDED-REQUEST OF 196002634 Meridian City STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Capital Development, pertaining to the streetlights in SETTLEMENT BRIDGE #3, a type development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: Capital Development has provided 2 street light poles, concrete pole bases, fixtures, bulbs, and components to the type development known as SETTLEMENT BRIDGE #3 in Meridian, Idaho. The parties acknowledge that the 2 street light poles and appurtenances were specially ordered items, not customarily used in type developments in Meridian, Idaho. 2. Capital 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 Capital 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 burn 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 2 street lights located in SETTLEMENT BRIDGE #3 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. It is understood and agreed that Capital Development will assign its rights and obligations hereunder to SETTLEMENT BRIDGE #3 Homeowners Association when said Owners Association is formed and operational. STREET LIGHT AGREEMENT Page 1 of 3 Sc~/e ~ncht 13ri d~c "~3 This AGREEMENT shall be binding on S~Homeowners Association, its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this 2O ' day of ~~'"'~ ~ , 20 ~s CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho ATTEST: William G. Berg, Jr., City Approved by City Council on: _'--__ By Vii' my de eer , yor .~ ~~ `~~~ ~- C~GGpQO4q ~o ' ~~~.~ 9 ~~~ -~,~ ~ ,,, ~~~~rrn,,. ~,,,~,~ Capital Development By ATTEST: Secretary STREET LIGHT AGREEMENT Page 2 of 3 STATE OF IDAHO, ) County of Ada, ss. On this ~ day of ~(,(',~,~y~,~(d~ , 20~, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY 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, I have hereunto set my hand and affixed my official seal the day and year first above written. ~...... .• ~~ ~ •. • •. ~~ SEAL ; , ; • ~ ~ - i7 ~ rll~+~' . STATE OF ,) County of ,) ss. NOTARY PUBLIC FOR IDAHO RESIDING AT d~l,~a ~ ~~{ MY COMMISSION EXPIRES 10 -- ls- I f On this~~ay of-ller~ml-~~ , 20~, before me, the undersigned, a Notary Public in and for said State, personally appeared r and o ` known to me to be the Presiden and Secretary of Capital Development, an who executed the within 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 ~~~. . JULIE A. MEADER Notary Public State of Idaho I .. NO ARY PUBLIC FOR IDAHO RE IDING AT ~;~, i~ MY COMMISSION EXPIRES MY COMMISSION ERPIRES May 13, 2010 80PIDED TARU NOTARY PUBLIC UND6RVVRtTIIt6 STREET LIGHT AGREEMENT Page 3 of 3