HomeMy WebLinkAboutStreet Light Agreement with Lochsa Falls, LLC for Lochsa Falls No 2ADA COUNTY RECORDER J. DAVID NAVARRO 3
BOISE IDAHO 06120103 10:48 AM
DEPUTY Kris Vaughn
RECORDED-REQUEST OF III 1111111111 I IIIIIIIIIIIIII I III II III
Meridian City i ~310136~
AMOUNT .00
STREET LIGHT AGREEMENT
This Street Light Agreement is made and entered into between the CITY OF MERIDIAN
and Lochsa Falls, LLC, pertaining to the street lights in Lochsa Falls Subdivision No. 2, a
residential development in Meridian, Idaho.
For good and valuable consideration, the receipt of which is hereby acknowledged, the
parties agree as follows:
Lochsa Falls, LLC has provided 6 street light poles, concrete pole bases, fixtures, bulbs,
and components to the residential development known as Lochsa Falls Subdivision No. 2
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.
2. Lochsa Falls, 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 Lochsa Falls, LLC, 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 6 street lights located in Lochsa Falls Subdivision No. 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 Lochsa Falls, LLC will assign its rights and obligations
hereunder to when said Homeowners Association is formed and operational.
STREET LIGHT AGREEMENT Page 1 0~ 3
This AGREEMENT shall be binding on G ~~ ~ f ~ J ~ ~~r~ LL C~ its heirs,
successors and assigns, and the CITY OF MERIDIAN.
Dated this ~~ day of c~G~r~
20 ~.3
CITY OF MERIDIAN, a municipality and
Political subdivision of the State of Idaho.
By
Robert D. Corrie, Mayor
ATTEST:
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William G. Berg, Jr., City Clerk
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LOCHSA FALLS, L.L.C.
By
Marty Go dsmith, Member
ATTEST:
Secretary
STREET LIGHT AGREEMENT ~ ~~ 2 aT 3
STATE OF IDAHO, )
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County of Ada. )
On this ~~day of o L(~ , 20 4J~ ,before me, the undersigned, a Notary
Public in and for said State, pers pally 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
execute the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
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STATE OF IDAHO, )
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County of Ada. )
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NOTARY PUBLIC FOR IDAHO
RESIDING AT mot. ~~u~i ~~
MY COMMISSION EXPRIES: T2~~
On this ~~day of , 20 ~ ,before me, the undersigned, a Notary
Public in and for said State, personally appeared MARTY GOLDSMITH, known to be me to be
a Member of LOCHSA FALLS, L.L.C., and the Member or one of the Members who subscribed
said liability company name to the foregoing instrument, and acknowledged to me that he
executed the within instrument on behalf of said limited liability company, and that such limited
liability company executed the same in said company name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
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STREET LIGHT AGREEMENT