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HomeMy WebLinkAboutStreet Light Agreement with Summerfield Sub No 1~~~ 9505~2iJ7 ` T ~] STREET LIGHT AGREEMENT ~~.':~ .,`~r, ;~~ ~~;5~ i~ This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and G.L. Voigt, pertaining to the street lights in Summerfi~e~ ~~~c~i~isit~i~i r F~~ ~~_ 1, a residential development in Meridian, Idaho. H~~~;~;, _,1 _~~ _ ~,:r ~-~ ,~~ For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follow: 1. G.L. Voigt has provided two (2) street lights poles, concrete pole bases, fixtures, bulbs, and ballasts to the residential development known as Summerfield Subdivision No. 1, Meridian Idaho. The parties acknowledge that the two (2) street light poles and fixtures were specially ordered items, not customarily used in residential developments. 2. G.L. Voigt, or his assigns, agree to replace, repair and .provide any required maintenance of any of the above mentioned street lights, globes, ballasts, and/or components thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed, #hat G.L. Voigt, or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that globes, and/or ballasts, do bum out and that the City will allow a 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 two (2) street lights located in Summerfield Subdivision No.1 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the globes 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 v~rould provide maintenance, globes, and ballasts. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail safe" type. 5. It is understood and agreed that G.L. Voigt will assign its rights and obligations hereunder to Summerfield Subdivision Homeowners Associationwhen said Homeowners Association is .formed and operational. SUMMERFIELD SUBDIVISION N0. 1 STREET LIGHT AGREEMENT Page 1 6. This AGREEMENT shall be binding on G.L. Voigt, its heirs, successors and assigns, and the City of Meridian. DATED This ~ day of ~~~f~ , 19 ~~ ,`~`\`\-,-tttntr~urrrr~~~~~i o Syr .~ SEAL ATTEST: '~~~~`'~ ~~(1~3TY . ~~~~~\`. ~r~rlflrrll t-Itl--~\\ CITY OF MERIDIAN,. a municipality and political subdivision of the State of Idaho B Grant P. Kingsford, Mayor City Clerk, William G. er , Jr. ATTEST: ,~' ~;GG~ BY G.L. oigt SUMMERFIELD SUBDIVISION NO. 1 STREET LIGHT AGREEMENT Page 2 . .- ~, ~ , STATE OF IDAHO, ) ss. -Count of Ada ) On this ~~` day of !~u usf , 19 q ~ ,before me, the undersigned, a Notary Public in and for said State, p rsonally appeared Grant P. Kingsford and William g. Berg, Jr. of the CITY OF MERIDIAN, a municipality and political subdivision of the State of Idaho, known to me to be the Mayor and City Clerk of Meridian, Idaho, who subscribed their names to the within and foregoing instruments in their capacity as Mayor and City Clerk, and acknowledged tq me that they executed the same in the name of the CITY OF MERIDIAN. IN WITNESS WHEREOF, l have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. `e~~erl~eeeue~~~~ ` ,Q ~ "vY.. ~) w $ ct~~:~,., ~. (SEAL) ~ ,~, ~. ~ .q. C~ ~,~ ~..~ .. ` .y F~ ~ ~..e .,; , i ~,. qr>gg ~e' r I'/1~~~ ~~ ~1a!'1d1Q~\ 1j111111111111 STATE OF IDAHO, ) ss. County of ~~ ~ ~d~IX-~ ;I~RY PUBLIC FOR IDAHO ding at Meridian, Idaho mission Expires: 8~l ~ l 9~l On this a.S~ day of , 19~~ before me, the undersigned, a Notary Public in and fo aid a#e, personally appeared ~'~o ~e.y .l. !/o /known to me to be the of who subscribed this name to the within and foregoing instrument and acknowledged to me that he executed the same on behalf of said Corporation as President and Secretary. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~/ -~ee~r*~u--~~~~f,~ ,.~~,, ~,~ "~ ~ ~ ~ k ~.) :~ :A ~ •~ Q . ~.r ~~~ ~ •~ 1, ' ~ SI~MMERplELD SUBDIVISION N0. NOTARY PUBLIC FOR IDAHO Residing ate, Idaho /~A ~ ~~c5 Commission Expires: /rl l~I 9~i STREETLIGHT AGRELNT Page 3