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HomeMy WebLinkAboutStreet Light Agreement with Stubblefield Development for Tumble Creek No 1RiCOR R E~~~I,aF' AEIA CCJt3NTY ECORDER e~~~~ V~ l Y ~. ~ava~ r~~vpp,,~Ra . . f~~~oc-~ ~ ~:~~ `~~ 99Q9948~ STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and J'fu~h~e~r'elcC~e~j~~e:~ pertaining to the street lights in 7u~-~~e Cr+ee%= rc6d~`J'io~~/, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. ~~~h~P~,~2/~ +~~Of'~~''~. has provided ~o street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as 7us~, ~e /itee k, ~u,b ~( in Meridian, Idaho. The parties acknowledge that the 7~v street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. ~~'~-wb/~~'e~d ~~°~'j'~``~"~~, 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 - b/e~sfece ~2v~o/a•~-~t-., or its heirs, successors and assigns, shall keep the lights opperational at all times, it being understood by the City that bulbs, and/or ballasts, 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 fi~/o street lights located in 7ictn.,6 /-e ref e~lz ~.b ~`/ 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 ballasts 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 ballasts. It is also agreed that lighting served under the Schedule 40 Agreement must be controled by a photo electric device of the "fail off' type. 5. It is understood and agreed that .S~.~b~~~i'e~d. ~e~~p~~.,~ will assign its rights and obligations hereunder to the 7~6/e G~eel~ ~uE~ '~/ when said Homeowners Association is formed and opperational. Page 1 This AGREEMENT shall be binding on ~~ 66 ~ 'lla?c~ ~2 ~P/~e~ its heirs, successors and assigns, and the CITY OF MERIDIAN. D Dated this p~ h" day of o~.Q-rp~c.,.,. b •~.~ , 19 5 ~ CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho B Y Robert D. Come, Mayor ATTEST: ~ ~~~ illiam G. Berg, Jr., City Cle Ge~~ro~e~+G ~ G~l~ I Zl-~jcJ ATTEST: ~~~~tiunii~ui~rii e j/ ~ ~ i ti z' q~, ~v~ ~ '. ~~ , w ~ ~ Q ~ ~~~rr'~cts N~SteN~\` Secretary Page 2 STATE OF IDAHO,) County of Ada, ss. On this,~day of , 19 before me, the undersigned, a Notary Public in and for said State, ersonall a eared ROBERT D. CO P Y PP RRIE 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. ••o°~EL L. s f'•... ~~N~~~~ 1~ I, '• '•. *- ~.~ .*- G % I'UBLZ • STAT'~'~F~~O,) ss. County of Ada, NOT PUB IC FO IDAHO RESIDING AT ~ 1 ~~b~n/ MY COMMISSION EXPIRES On this ~ day of , 19~, before me, the undersigned, a Notary Public in and for said Sta e, personally appeared Q~ ~ ,,,Q~,,(,~„~~~_ and known to me to be the :President a d Secretary of ~St ub,l /~~': p. gal ,may. ~~ ., 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. \\\\\l\\111111 I I I I; I!71~~! /R C, ,,,..,,.,,, 9~ _, OJ ='pTA~ '^• ~ ' '_ ~" ~' SEAL - • "' J',`'• A~/B LTV; ~~~` 9 ~•......•~ ~Q~ ~~44j"III„I,~,,~,,,~ lav,:o'~~`: ~+ 'Yv1~~ NO Y PUBLIC FOR IDAHO RESIDING AT MY COMMISSION EXPIRES ? 3 0 Page 3