Loading...
HomeMy WebLinkAboutStreet Light Agreement with Capital Development, Inc. for Baldwin Park IIIADA COUNTY RECORDER J. DAVID NAVARRO 3 BOISE IDAH011/17103 09:52 AM DEPUTY Bonnie Oberbillig McCd ao CityREQUEST OF ~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~ ~~~ AMOUNT__00 _ i X31 X3118 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Capital Development Inc., pertaining to the street lights in Baldwin Park III, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Capital Development inc has provided 6ea. Single head and Sea. Double head street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Baldwin Park III in Meridian, Idaho. The parties acknowledge that the 6ea. Single head and Sea. Double head street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Capital Development 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 Capital Development 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 6ea. Single head and Sea. Double head street lights located in Baldwin Park III 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 Capital Development Inc will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. CTR FFT T .TC'THT A C'TR FRMRNT Pa uP ~ This AGREEMENT shall be binding on Capital Development Inc. its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this ~~~ day of ~G~~c~ , 20 ~3 By ATTEST: \`~~„ iiisi~irrriii~ -~+ \, ~~~L = .5, ~~~`J William G. Berg, Jr., Ci C erk %, 9~ c~'Sr zs~ ,'` ~~Q ;: ~~ ~ ~ ~ , ~~~~i~,r~riii rttu~`~~~ By ATTEST: Sec to ~ CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho Robert D. Corrie, Mayor ~, ~~ Capital Development Inc. CTR FFT T .T(THT A CrR RFMRNT Pa aP ~ STATE OF IDAHO, ) ss. County of Ada, ) On this l2~day of ~~i~-~P/VyL~il , 20 ~~, 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. A®~i~f• • • ~ - ~T,~~1,~. ,cam, ~ `;~''' ; SEAL ^ ~ ~ . . ~ ~ . ~ `~` G ~O i :`rl''=1' p, •~~~~~~• STATE OF ,) County of ,) ss. ~~~~ l/Y'~ ~ Z~-l ~ NOTARY PUBLIC FOR IDAHO RESIDING AT ' G~al~~'fi ~ ,~~jw MY COMMISSION EXPIRES -28~~ On this ~ day of ~ C~ b~C ~ , 20 0 3 ,before me, the undersigned, a Notary Public in and for said State, personally appeared t~ghnp (1~O~Ol~D(~ and I~Y1.0<<t l ~l ~, ~' 0 known to me to be the Presi ent and Secretary of U ., 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. o`' U KELP '••. ~~' ~pT AR r ~ ~~ * ~G PUBL O T NOTA Y PUBLIC FOR IDA RESIDING AT ~j~~Q ~ ~~Ol lip MY COMMISSION EXPIRES ~ ~ 31.0 QTR FFT T .TC'.HT A C'TR RRMF.NT pa QP ~