HomeMy WebLinkAboutRock Harbor Church Street Light and Electrical Maintenance Agreement 6427 N. Tree Haven Way ADA COUNTY RECORDER Phil McGrane 2021-055472
BOISE IDAHO Pgs=4 KRISTINA LOWRY 04/07/2021 11:23 AM
RECORDING REQUESTED BYAND CITY OF MERIDIAN, IDAHO NO FEE
WHEN RECORDED RETURN TO:
City Clerk
City of Meridian
33 E.Broadway Avenue
Meridian,ID 83642
(Space Above For Recorder's Use)
STREET LIGHT AND ELECTRICAL MAINTENANCE AGREEMENT:
6437 N. TREE HAVEN WAY,MERIDIAN
This STREET LIGHT AND ELECTRICAL MAINTENANCE AGREEMENT: 6437 N. TREE
HAVEN WAY, MERIDIAN("Agreement") is made and entered into this 2;4 day of
2021 ("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 Scott Harrop, on behalf of Rock Harbor Church, Inc. ("Owner"),whose address is 1608 N.
Meridian Road, Suite 125, Meridian Idaho 83642.
WHEREAS,the Rockbury Subdivision was, at the time of platting, owned by Rockbury
Church, Inc and said Owner is responsible for complying with the conditions of approval of the
Rockbury Subdivision;
WHEREAS,as a requirement of the final plat for the Rockbury Subdivision at Meridian,
Idaho, ("Property"), Owner is required to install a City of Meridian Type 2 streetlight along the
frontage of N. Tree Farm Way("Street Light");
WHEREAS,the approved streetlight plan calls for a streetlight to be installed so that the light
may be connected to an appropriate City owned circuit that conforms to Idaho Power requirements and
the electricity billed to the City of Meridian;
WHEREAS,as an alternative to installation of conduit and landscaping repairs,the Owner has
requested authorization to connect the Streetlight,to the new circuit at the Property, and in exchange is
willing to pay for electricity to illuminate the Streetlight as part of Owner's electrical bill until lights
and conduit are installed along the frontage of N. Tree Farm Way,between Chinden Blvd and N. Tree
Haven Way and the Property, at which point Owner will connect the Streetlight to City's lighting
circuit in compliance with all applicable voltage, circuit, and other electrical requirements;
WHEREAS, such proposal is to the benefit of the City from an operations and maintenance
standpoint.
NOW,THEREFORE, for the exchange of good and valuable consideration, the receipt of
which is hereby acknowledged,the parties agree as follows:
STREET LIGHT AGREEMENT WITH ROCK HARBOR CHURCH PAGE I OF 4
Item#20.
1. OWNERS' COMMITMENTS
A. Streetlight and conduit. Owner shall install one (1) City Standard Type 2 street light, 25' in
height at Property, and shall connect such Streetlight to the property circuit. The fixture shall be
from the current approved City of Meridian Approved Fixture List. Additionally, Owner shall
install a junction box and conduit necessary for the connection to future lights to be made without
damage to the sidewalk or existing landscaping. These installations shall be made in accordance
with the current edition of the Meridian Supplemental Specifications to the Idaho Standards for
Public Works Construction("ISPWC").
B. Electricity. From the Effective Date of this Agreement forward, Owner shall be responsible for
paying Idaho Power Company, its successors and assigns for the provision of electricity required to
operate the Streetlight.
C. Conduit. Owner shall maintain and ensure the integrity of all street lighting conduit between the
Street Light's junction box up to the power source on Owner's Property. Owner shall be
responsible for any and all necessary maintenance and repairs and costs related thereto.
D. Digline: Prior to undertaking any underground conduit work, Owner shall call Digline and
shall be responsible to comply with the Idaho Underground Damage Prevention Act,
E. Effect of streetlight installation at adjacent property. In the event that street lights are installed
along the frontage of the property adjacent to the Property, Owner, at Owner's sole expense, shall
connect the streetlight to the newly installed system utilizing existing conduit and conduit installed
pursuant to section I(A) of this Agreement.
F. Electricity. From the Effective Date of this Agreement, Owner shall be responsible for timely
paying Idaho Power Company, and/or its successors and assigns, for the provision of electricity to
the Streetlight. Upon installation and/or connection of a separate meter billed to the City of
Meridian for Streetlight, the City shall assume responsibility for timely paying Idaho Power
Company, and/or its successors and assigns, for the provision of electricity to the Streetlight.
G. Operations. The Streetlight that is the subject of this Agreement shall be activated and operational
to provide light from the fixture from dusk till dawn, 7 days a week.
I1. CITY'S COMMITMENTS
A. Street Light maintenance. From the Effective Date of this Agreement forward, City shall be
responsible for:
l. Replacement, as needed to ensure functionality, of. fuses, wiring, bulbs, ballasts, fixture or
photoelectric cells in the Streetlight; and
2. Replacement and/or repair, as needed due to damage, deterioration, or loss, of the Streetlight,
and any component or appurtenance thereof, with the exception of conduit outside of the right-
of-way.
B. Recordation. This Agreement shall be recorded by City against the following subdivision:
Rockbury Subdivision.
STREET LIGHT AGREEMENT WITH ROCK HARBOR CHURCH PAGE 2 OF 4
Page 336
Item#20.
III.GENERAL PROVISIONS.
A. Time is of the essence. Owners acknowledge 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. Default. Any failure to perform the terms and conditions of this Agreement, or any portion
thereof, shall be a default hereunder. In the event of a default,the non-defaulting party may serve a
written Notice of Default upon the defaulting party by the method set forth herein. Except in case
of an imminent or realized threat to the public health, safety, or welfare, the defaulting party shall
have thirty (30) days following delivery of such notice to cure or correct the default before the non-
defaulting party may seek any and all legal remedies.
1. Effect of default. If Owner defaults, Owner, at Owner's sole expense, shall install a meter
pedestal within the public right-of-way or utility easement along Locust Grove Road to power
the Street Light. All work undertaken pursuant to this provision shall comply with the most
recent edition of the Meridian Supplemental Specifications to the ISPWC.
2. City may invoice. If Owner's failure to fulfill any of Owner's responsibilities under this
Agreement necessitates action by City to fulfill such responsibilities, City shall invoice Owner
for City's actual costs, which costs Owner shall pay within thirty (30) days of issuance. If
Owner fails to timely pay such invoice in full, the costs enumerated therein shall be appended
to Owner's City of Meridian utility bill, and City may shut off any and all City utilities until
such costs are paid in full, with no further notice to Owner.
C. Notices. Any notice desired by the Parties or required by this Agreement shall be deemed
delivered after deposit in the United States Mail, postage prepaid, addressed as follows:
City: Owner:
City of Meridian Rock Harbor Church, Inc
Attn: City Clerk Attn: Scott Harrop
33 E. Broadway Ave. .
+,a-5 (a y 3-1 0 , -Fr- V-_ VJ w1
Meridian, Idaho 83642 Meridian, ID 83642 2.)3 LA b
D. Binding upon successors. This Agreement shall be binding upon Owners, any and all current and
subsequent owners of the Property, and each and every other person acquiring an interest in
Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation
of the property or any portion thereof, except that any sale or alienation of Property shall occur
subject to the provisions of this Agreement, and any successive owner or owners shall be bound by
the conditions and restrictions herein expressed.
E. Compliance with laws. Throughout the course of this Agreement, Owners shall comply with any
and all applicable federal, state, and local laws.
STREET LIGHT AGREEMENT WITH ROCK HARBOR CHURCH PAGE 3 OF 4
Page 337
Item#20.
F. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity,
interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of
Ada County, Idaho.
G. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative
and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any
remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy.
H. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to
be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected.
I. 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.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on this
day of f—,tLt3.4 2021.
OW STATE OF IDAHO )
> ss:
County of ADA )
1WIlall I HEREBY CERTIFY that on this7,Zgay of February,2021,
SCo t rr before the undersigned,a Notary Public in the State of Idaho,
�'` f i r l,,� personally appeared Scott Harrop,proven to me to be the person who
��EAN NE,�n executed the said instrument,and acknowledged to me that he executed the
NOTARY F same.
PUBLIC IN WITNESS WHEREOF,I have hereunto set my hand and affixed my
Commission# official seal,the da and ear in is certificate first above wr•ten.
Commission
My Commission
Expires
May 22.2023 Notary Public or ho
'��'sTgTF OF Residing at u ,Idaho
My Commission Expires:
CITY OF MERIDIAN: STATE OF IDAHO )
) ss:
County of ADA )
I HEREBY CERTIFY that on this 6th day of April 2021
Robert E. Simison, Mayor before the undersigned,a Notary Public in the State of Idaho,
4-6-2021
personally appeared Robert Simison and Chris Johnson
known or identified to me to be the Mayor and Clerk,respectively,of
the City of Meridian,who executed the instrument on behalf of the
Attest: City of Meridian,and acknowledged to me that the City of Meridian
City Clerk,Chris Johnson executed the same.
4-6-2021 IN WITNESS WHEREOF,I have hereunto set my hand and affixed my
official seal,the day and year in this certificate first above written.
Notary Public for Idaho
Residing at Meridian Idaho
My Commission Expires: 3-28-2022
STREET LIGHT AGREEMENT WITH ROCK HARBOR CHURCH PAGE 4 OF 4
Page 338