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HomeMy WebLinkAboutStreet Light Agreement with Pacific Development Inc. for Cobblefield Crossing No1ADA COUNTY RECORDER J. DAVID NAUARRO 3 BOISE IDAHO111171O3 09:52 AM DEPUTY Bonnie Oberbillig McCd anECi REQUEST OF ~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~ ~~~ AMOUNT .00 1~~1~311~ STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Pacific Development Inc., pertaining to the street lights in Cobblefield Crossing # 1, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Pacific Development has provided 3 street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Cobblefield Crossing # 1 in Meridian, Idaho. The parties acknowledge that the 3 street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Pacific 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 Pacific 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. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the 3 street lights located in Cobblefield Crossing # 1 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 Pacific Development will assign its rights and obligations hereunder to Cobblefield Crossing # 1 when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT Page 1 of 1 This AGREEMENT shall be binding on Pacific Development. its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this Z ~ ~ day of ~~ ~- , ZO 11.3 CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho i By ~ Robert D. Corrie, Mayor ATTEST: William G. Berg, Jr., c.pp~i e-, ~ ~~~~t~~e!r!. ; . ~ = 5~~~ CAS ~o,°~ p ~~ .~ ,~ ~` Pacific Development By resident ATTEST: Secretary STREET LIGHT AGREEMENT Page 2 of 2 STATE OF IDAHO, ) ss. County of Ada, ) On this ~2 d y of ~Y ~ /fiy~/l.-{1~G~ , 20 ~~ ,before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WII,LIAM 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 STATE OF County of m ~~~~~a• pN S,~~~~, • ~~ ~• .. .:,~ . t ~ • ~• ~'•r'q~E OF1p.•• ~••^...• ,) ss. ,) NOTARY PUBLIC FOR IDAHO RESIDING AT .,Q~~,, Cc~G~y? ~~" : /~ZGw MY COMMISSION EXPIRES ~/-2~~' On this day of , 20~, befor me, the ndersigned, a Notary Public and for said State, personally appeared and known to me to be a President Secretary of Pacific Development., 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 ~~~„~~ :?- ~, u i~. ~~ ~r, r~ N rt' (Y) 4.7'8 ~ ~i ' ~ SEAL ~ , ~~, ~ ~; ry r ~. v~ f Q. NOTARY PUBL FOR IDAHO RESIDING AT MY COMMISSION EXPIRES ~~ a ~ ~~ STREET LIGHT AGREEMENT Page 3 of 3