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HomeMy WebLinkAboutStreet Light Agreement with Great Sky, Inc. for Sutherland Farm No 5ADA CQUNTY RECORDER J. DAVID NAUARRO AMOUNT AO BQISE IDAHO 02102!06 01;57 PM DEPUTY Patti Thompson ~I ~ I I II II I II I II i (IIII! II ~ II I I II I I~ Ii! RECORDED-REQUEST OF ~,_ _ Ciry of Meridian i ~~r,~~ i . 4_ir~z; STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Great Sky Inc. pertaining to the street lights in Sutherland Farm #5, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Great Sky Inc. has provided Bea. Single head street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Sutherland Farm #5 in Meridian, Idaho. The parties acknowledge that the Bea. Single head street light poles and appurtenances were specially ordered items, not customarily used in residential 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 thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that Great S ,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 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 Bea. Single head street lights located in Sutherland Farm #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 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 ofI" type. 5. It is understood and agreed that Great S , Inc. will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. c~~ STREET LIGHT AGREEMENT Page 1 ~~ 3 This AGREEMENT shall be binding on Great Sky Inc. its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this day of 20~_ CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho ATTEST: ~~~ William G. Berg, Jr., Cit~l ~'1 By t Mayor, DeWeerd ~~ " ~~ ~ ~ Mfr ~~~ ~ ~~, I :. 0 _ ' ,~ `` ~~ .~a - a rk -~ ~ `"~ " ~ ,~ ,o l ` ~~. ~ `~ ~+~~,~~~ Great S Inc. By President ATTEST: Secretary STREET LIGHT AGREEMENT Page 2 c~~ STATE OF IDAHO, ) County of Ada, ss. .+L~ On this ~ day of %~l~vZ~~CC ~~ , 20 ~~ ,before me, the undersigned, a Notary Public in and for said State, ersonally appeared Mayor VVF and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the~~Y O 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 . ,~ . • ._~ STATE OF ,) County of ,) ss. .l ~~~~;1~~~ z~~. NOTARY PUBLIC FOR IDAHO RESIDING AT y~Vlx_ ~G,~~ =-~t~~~ MY COMMISSION EXPIltES ~ f ~ --/S ~// ~- On this /~ day of , 20 ado ,before me, the undersigned, a Notary Public in and for said State, per Wally appeared % ~Eaarz ~' ,2a~,~-~ and known to me to be the President and Secretary of ~~- s/~~ ~rL,. ., and 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. .~. .tip., SEAL • * ~• NOT : ~ ,g~ : v, • ,~ • -~ •~• G81, j ~ ~ * ,~ • • STREET LIGHT AGREEMENT NOTARY PUBLIC FOR IDAHO RESIDING AT 1, MY COMMISSION EXPIRES o Page 3 c~~