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HomeMy WebLinkAboutStreet Light Agreement with SR2 Development for Midtown Square SubSTREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and SR2 DEVELOPMENT COMPANY, pertaining to the street lights in Midtown Square Subdivision, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. SR2 DEVELOPMENT COMPANY has provided six (6) street light poles, concrete pole bases, fixtures, bulbs, and ballasts to the residential development known as Midtown Square Subdivision, Meridian, Idaho. The parties acknowledge that the six (6) street light poles and fixtures were specially ordered items, not customarily used in residential developments. 2. SR2 DEVELOPMENT COMPANY, or its assigns, agrees 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 that SR2 DEVELOPMENT COMPANY, 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 burn 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 six (6) street lights located in Midtown Square Subdivision 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 provides that Idaho power would 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 SR2 DEVELOPMENT COMPANY will assign its rights and obligations hereunder to Midtown Square Homeowners' Association when said Homeowners' Association is formed and operational. MIDTOWN SUBDIVISION STREET LIGHT AGREEMENT .Page 1 6. This AGREEMENT shall be binding on SR2 DEVELOPMENT COMPANY, its heirs, successors and assigns, and the-City of Meridian. DATED This ~Q~ da of ~`-~~~`~ Y 1994. ~~"`w'~~s .~~'~k~ CITY OF MERIDIAN, a municipality `~ ,---~^<-*:~~. ~r.~; and political subdivision of the ~ y~, ~~~ ~ : , ,~, s. ,,, w ~. ~~ ~f -: ~ ~ t,~ * ` ~~ ~ State of .Idaho ~~ ~ ~~:° .r;rr ,~j K. fry `• .X; .a ':r to td .t ' . ~}} 7 YI ~ir4 t ~t ~ J .. d t % ~ „ ..3 J .+ i ! • _ // ~~ ,<.~;, ~ . . • ~~ ,., ~, Grant P. Kingsford, Ma or ~ ; t ; :. ATTEST: ~...-r i City Clerk, William G. erg, Jr. SR2 DEVELOPMENT COMPANY ..~, f BY President ATTEST: Secretary MIDTOWN SUBDIVISION STREET LIGHT AGREEMENT Page 2 ,. STATE OF IDAHO, ) ss. County of Ada, ) On this ~d~day of l~c~c ~1~ L.~'j , 1994, before me, the undersigned, a Notary Public in and for said State, personally 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 to me that they executed the same in the name of the CITY OF MERIDIAN. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year- in this certificate first above written. ~Y PUBLIC FOR IDAHO ding at Meridian, I aho~ fission Expires• '' 4 STATE OF IDAHO,) ss. County of Ada,) On this ~d" day of , 1994, before me, the undersigned, a Notary Pub is in and for said State, personally appeared Steven K. Ricks, known to me to be the President and Secretary, of SR2 DEVELOPMENT COMPANY, 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. .~ .. , ~~,, ~ ~ a _ ~ ~ _,y '~~ .+~ Wr ~~ ~ ~ y 'i ~ ,~ ~ ,~,4 1V`O~,RY PUBL Residing at Commission FOR I xpi~r_es MIDTOWN SUBDIVISION STREET LIGHT AGREEMENT Page 3 ~~eo~a • R~au~~t o~ H~~ ~OUiiTY REC4ROER RICiH~v i ~ '- J. ~3~~ip P~~YARRO ~- j~'~' f~~9 ~P 3~ F~~ 12~ 2~ ~~ ~ ~ ~ ~ ~ +~