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HomeMy WebLinkAboutStreetlight Maintenance Agreement for Hacienda Subdivision ADA COUNTY RECORDER Christopher D. Rich 2016-017368 BOISE IDAHO Pgs=4 VICTORIA BAILEY 03/02/2016 10:52 AM MERIDIAN CITY NO FEE ill 11II111111I 111111111111111 111111 1111111111 I ill 00199010201600173680040043 STREET LIGHT MAINTENANCE AGREEMENT HACIENDA SUBDIVISION NO 5. This STREET LIGHT MAINTENANCE AGREEMENT("Agreement") is made and entered into this' day of t'O'rvA0.r\', 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"),whose address is 33 E. Broadway Ave., Meridian, Idaho, 83642, and Jayo Development, Inc. an Idaho Corporation("Developer"),whose address is 10564 W Business Park Lane, Boise, ID 83709. WHEREAS,pursuant to Meridian City Code section 11-3A-21(B),the City generally maintains only shoebox- and cobrahead-style street lights, and requires that decorative street lights be maintained by the developer or homeowners association under a maintenance agreement duly executed with City; WHEREAS, Hacienda Subdivision No. 5 is a residential subdivision within the City of Meridian, County of Ada, State of Idaho with seven (7) special-order, decorative street lights, installed by Developer to satisfy in part, the City of Meridian requirements for street lighting; and NOW, THEREFORE, for the exchange of good and valuable consideration, the receipt of which is hereby acknowledged,the parties agree as follows: I. COMMITMENTS A. City's commitments. From the Effective Date of this Agreement forward, City shall be responsible for paying Idaho Power Company for the provision of electricity required to operate the seven (7) decorative street lights located in the Hacienda Subdivision No. 5. It is agreed that City will enter into a Schedule 41C Agreement with Idaho Power Company. Developer acknowledges that street lighting served under the Schedule 41C Agreement must be controlled by a photo electric device of the"fail off'type. A. Developer's commitments. From the Effective Date of this Agreement forward, Developer shall be responsible for: 1. Maintenance and/or Replacement, as needed to ensure functionality, of: fuses, wiring, bulbs, ballasts, or photoelectric cells in the seven (7)decorative street lights located in the Hacienda Subdivision No. 5. 2. Replacement and/or repair, as needed due to damage, deterioration, or loss, of the seven (7) decorative street lights located in the Hacienda Subdivision No. 5 residential subdivision, and any component or appurtenance thereof. II. GENERAL PROVISIONS. A. Time is of the essence. Developer acknowledges that commitments made under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. B. Heirs and assigns. It is understood and agreed that Developer will assign its rights and obligations under this Agreement to the Hacienda Subdivision No. 5 home- or property owners association when said such organization is formed. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding on Developer, City, the Hacienda Subdivision No. 5 home- or property owners association, and these parties' respective heirs, successors and assigns. C. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. SIGNATURES ON FOLLOWING PAGE STREET LIGHT AGREEMENT: Hacienda Subdivision No.5 PAGE 2 OF 3 ci IN WITNESS WHEREOF,the parties hereto have executed this Agreement on this day of , 2011 1:c.bcLJX Jayo Development,Inc. STATE OF IDAHO ) ) ss: County of (2) ,t� ) BY r }�z � a ., 't REBY CERTIFY that on this 37 day of Douglas Jaya-,'President . , _ ,2016,before the undersigned,a Notary Public in th• State of Idaho,personally appeared Douglas Jayo,identified to me to be the president of the corporation that executed the instrument on behalf of said corporation,and acknowledged to me that such corporation executed the same.. ���a""""""""",'-n, IN WITNESS WHEREOF,I have hereunto set my hand and ``C\_ \,. MOQF°'%, affixed my offi '.1 seal,the day and year in this certificate .• .�� •,: J '; first above itt . AirIC)7Z c e : A•� : =Notary u. .r Idaho q*�'� ,B,``C`�� Residing at f �_• y ,Idaho 9 ric /4 ',n `\� My Commission Expires: —7 - } CITY OF RIDIAN: BY: Attest: Tammy de -: d, Mayor Jaycee L. Holman, City Clerk STATE OF IDAHO ) ) ss: County of ) I HEREBY CERTIFY that on this day of 2016,before the undersigned,a Notary Public in the State of Idaho,personally appeared Tammy de eerd and Jaycee L.Holman,proven to me to be the Mayor a City Clerk,respectively,who executed and attested the said ,strument,and acknowledged to me that they executed the sant, IN WITNESS WHEREOF,I have hereunto set my hand and . ixed my official seal,the day and year in this certificate fir' above written. Notary Public for Ida Residing at ,Idaho My Commission Expires: STREET LIGHT AGREEMENT: Hacienda Subdivision No.5 PAGE 3 OF 3 I WITNESS WHEREOF,the parties hereto have executed this Agreement on this //I:5' 5' day of 5,„, ,_> ,.. '" , 201 1i Jayo Development, c. ) STATE OF IDAHO ) ss: County of 4 1z ) BY ' e ,ced I I • BY C • ' Y that on this 7 day of Doti: s Ja`yo,President r ,2016,before the undersigned,a Notary Public i• he S ate of Idaho,personally appeared Douglas Jayo dentified to me to be the president of the corporation t . executed the instrument on behalf of said corporation,and knowledged to me that such corporation executed the same.. I ITNESS WHEREOF,I have hereunto set my hand and `\\\\\\ " " '"'" affixes y official seal,the day and year in this certificate ..` MO 'eA'-' first abo • W'tt tn. .--_,---i ` Notary u l is for ..ho : •/NWResiding at ,7 77 Idaho % ''',1, OF ©,,�°°� ommission Expires: („+- / /�{�// l•r„rti.,0:01 .1,",,„\o l �5}D;l,(( " CIT I F MERI I IAN: C i.. ,,A;`T, la H U BY: _ %�. �. , "-- Att. / • _/� . Wit.. //L 1.4 Tammy d��( ., .yor �f ayc-L L. Holman, City Clerk STATE OF IDAHO ) ) ss: County of fACk ) I HEREBY CERTIFY that on this -1 day of - -kjY\-,k6`01A ,2016,before the undersigned,a Notary Public in the State of Idaho,personally appeared Tammy de •••••••• Weerd and Jaycee L.Holman,proven to me to be the Mayor •.%0 A I •• and City Clerk,respectively,who executed and attested the 1TA� `4•• said instrument,and acknowledged to me that they executed •a' �'' the same.IN WITNESS WHEREOF,I have hereunto set my • 1 ; • hand and affixed my official seal,the day and year in this •• 1 ; .. certificate first abo e written • ; ; •'�'7 OF tS . NI c • • Notary 'ublic or Id. . •.U.•.. Residing at --lexr a Y) , Idaho My Commission Expires: \/ /a Ock.3 STREET LIGHT AGREEMENT: Hacienda Subdivision No. 5 PAGE 3 OF 3