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HomeMy WebLinkAboutStreet Light Maintenance Agreement with Crossfield Subdivision Homeowners Association for Phase 3 of Crossfield SubdivisionADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 3 BOISE IDAH010128110 09;54 AM DEPUTY Vicki Allen RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIII'111 I Meridian City 11 a i 81386 CITY OF MERIDIAN STREET LIGHT AGREEMENT This Street Light AGREEMENT is made and entered into between the CITY OF MERIDIAN, hereinafter called CITY and CROSSFIELD SUBDIVISION HOMEOWNERS ASSOCIATION, hereinafter called HOA, pertaining to the street lights in Phase 3 of the Crossfield development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: I. The developer has provided 7 street light poles, concrete pole bases, fixtures, bulbs, and components to the development known as Crossfield in Meridian, Idaho. The parties acknowledge that the 7 street light poles and appurtenances were specially ordered items, not of a standard type used in Meridian, Idaho. 2. HOA, 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 HOA, 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 7 street lights located in Crossfield in the usual and customary manner. 4. It is agreed that the CITY, 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. STREET LIGHT AGREEMENT Page 1 of 3 This AGREEMENT shall be binding on the homeowners association of the Crossfield subdivision, its heirs, successors and assigns, and the CITY OF MERIDIAN. Dated this ~_?i day of ~C~/`e~ , 20~_. CITY OF MERIDIAN, a municipality and Political subdivision of the State of Idaho By /'~,~r~~.,.' ~~'~'~C~' ammy de Weerd, Mayor ATTEST: \\\\\\`~~ ~~~~~~~~ ~~A~i/' EAL Jaycee Iman, City Clerk y~ M .~ ~~ ~o Approved by City Council on: ~~ S ~ /C~ ~~~'~~, COUNTY ~ ~ ~.~`~~ Crossfield Subdivision Homeowners Association, An Iyia~o corporation Barton, STREET LIGHT AGREEMENT Page 2 of 3 STATE OF IDAHO, ) County of Ada, . ss. On this ~ day of ~~~,/ , 20 1c7 ,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. ~...... 4Y . '~. ~~ , o ~ ' :~~ SEAL ¢ • t~' ~ ~ : 'p`L • . , ••...... STATE OF ,) . ss. County of .~~, ,) N ARY PUB F IDAHO RE DING AT I~--(~+/ 1 G. Y~ 1 MY COMMISSION EXPIRES n t On this ~V day of S , 20 (O ,before me, the undersigned, a Notary Public in and for said State, personally appeared COREY BARYON, known to me to be the president of the CROSSFIELD SUBDIVISION HOMEOWNERS ASSOCIATION, an Idaho corporation, 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. ~~wrrrr• .°~~.- K~.L1•. ~'~'t.AR~..~'. • `•N• ,~ SEAL • • ~ i ' ~ O • ~ `~' :?'ZJBLIG'~~: A+-serrs NOTARY PUBLIC OR IDAHO RESIDING AT a MY COMMISSION EXPI ,per STREET LIGHT AGREEMENT Page 3 of 3