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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: aG ,~ William G. Berg, Jr., City Clerk ~,,,, ~ ~ ~ ~ ~ ~ ~ ~,,,~ jr~ ~c~L ~~ Cty Cow--~; < 6 -~o -off \\\~~.~~ pF MERj~~-9~~~~'~. ~\ G~ ~GpRPORq ~~ 'y ''. O ~% ~ - SEAL ~'; '9p s ~ s~ • QUO ~~` ~''.~., AUNTY ~ ~~~`~ '"~~eioraaii~ ui~>»~~ LOCHSA FALLS, L.L.C. By Marty Go dsmith, Member ATTEST: Secretary STREET LIGHT AGREEMENT ~ ~~ 2 aT 3 STATE OF IDAHO, ) . ss. 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. ....... _~ SEAL ; ~` ~ ~ ^ . ~ . f 1 ~ ~` j 1 ~' 'q~80F~:'~ ~IIl~wfw• STATE OF IDAHO, ) ss. County of Ada. ) Eha~~~> 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. ,,~~.•~CC p J. JI1~c'•,~. .• ~o'•. SEAL ? ~~' p T '• O * ~~~~~ r - v; .,,,yT~ ~o .r~r ,,,,•~~~O~~uD p ~~~,,,' NOTARY PUBLIC FOR IDA O RESIDING AT MY COMMISSION EXPR ~Q~ 3 ~ 3 STREET LIGHT AGREEMENT