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HomeMy WebLinkAboutStreet Light Agreement with Three Corners Land Development for Phase 2 of Three Corners DevelopmentQCi~181T P~ CITY OF MERIDIAN STREET LIGHT AGREEMENT This Street Light AGREEMENT is made and entered into between the CITY OF MERIDIAN, hereinafter called CITY and THREE CORNERS LAND DEVELOPMENT LLC, hereinafter called TCLD, pertaining to the street lights in Phase 2 of the Three Corners development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. TOLD has provided 6 street light poles, concrete pole bases, fixtures, bulbs, and components to the development known as Three Corners in Meridian, Idaho. The garties acknowledge that the 6 street light poles and appurtenances were specially ordered items, not of a standard type used in Meridian, Idaho. 2. TCLD, 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 TCLD, 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 will authorize and pay for the electrical service to be supplied to the 6 street lights located in Three Corners in the usual and customary manner. 4. It is agreed that the CITY, because Idaho Power Company_ will not maiantain 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 ofP' type. 5. It is understood and agreed that-TCLD will assign its rights and obligations hereunder to a homeowners association when said association is formed and operational. This AGREEMENT shall be binding on the homeowners association of the Three Corners development, its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this ~ day of _ J o ~^ E/ , 20 t o STREET LIGHT AGREEMENT Page 1 of 3 CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho .. / ~ y de Weerd, Mayor ATTEST: `~~~ OF I~AEIq~o,~'L ~~''-. ` ~' ~oRp°~TFO aycee hnan, City Clerk _ $~AL Approved by City Council on: (.~ ~ / ' ~ U ' ,~o,°~ ~~JJ 9~ T1S~• ~C`~\\. ~,~, ,9 Ov~ `OQ'\``~~ ATTEST: STREET LIGHT AGREEMENT Three Corners Land Development LLC, An Idaho limited liability company r Page 2 of 3 ave Dean, Member STATE OF IDAHO, } County of Ada, . ss. On this ~ day of .1 v re, . 20 _ l ~ ,before me; the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and Jaycee Holman, 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. ~...... ',C~G~S O~ A,R~~~~: ~ , .~ ~ • • ~ • S~, . ~ ~ • • ,~• • ~ ~ ~'['Ti~~G,'45, ~ ~~ ~ -~,. .~~~y ff': ~~, '•...., STATE OF ,) County of ,) . ss. N ARY PUBL AHO RESIDING AT !+-i~ng , ~~ho MY COMMISSION EXPIRES ,~1~_~~_ On this/~jday of 20~(~„ before me, the undersigned, a Notary Pubfic in and for said State, personally ppeared -DAVE DEAN, .known to me to be a Member of THREE CORNERS LAND DEVELOPMENT LLC, an Idaho limited liability company, 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 thc day and year first above written. ~, ~ ~ SEAL ~ ~ ~ ~ ~' ~' 4 ..s J r F' v xG ~~~ ro :~°~; ~® ,rte :Y_.:~4~1*~~® .v~~~~d~ ~~iFSec@"~o~ NO ARY PUBLI FOR IDAHO RESIDING AT MY COMMISSION EXP S ~,~ -/ -a ill STREET LIGHT AGREEMENT Page 3 of 3