HomeMy WebLinkAboutStreet Light Maintenance Agreement with Traditions by AMYX II for Zebulon Heights #3ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOI8E IDAH012109110 08:59 AM
DEPUTY Lisa Ban
RECORDED-REOUESt o~ III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII I II
Merician City i 1011 X735
CITY OF MERIDIAN
STREET LIGHT AGREEMENT
This Street Light Agreement is made and entered into between the CITY OF MERIDIAN
and TRADITIONS BY AMYX II, pertaining to the street lights in ZEBULON HEIGHTS #3, a
residential type development in Meridian, Idaho.
For good and valuable consideration, the receipt of which is hereby acknowledged, the
parties agree as follows:
1. The developer for ZEBULON HEIGHTS #3 has provided 6 street light poles, concrete
pole bases, fixtures, bulbs, and components to the type development known as
ZEBULON HEIGHTS #3 in Meridian, Idaho. The parties acknowledge that the 6 street
light poles and appurtenances were specially ordered items, not customarily used in type
developments in Meridian, Idaho.
2. TRADITIONS BY AMYX II 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 TRADITIONS BY A-MYX II, 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 of Meridian authorize and pay for the electrical service to be
supplied to the 6 street lights located in ZEBULON HEIGHTS #3 in the usual and
customary manner.
4. It is agreed that the City of Meridian, 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 oil' type.
5. It is understood and agreed that TRADITIONS BY AMYX II will assign its rights and
obligations hereunder to the Zebulon Heights Homeowners Association when said
Owners Association is formed and operational.
STREET LIGHT AGREEMENT Page 1 of 3
This AGREEMENT shall be binding on TRADITIONS BY AMYX II, its heirs,
successors and assigns, and the CITY OF MERIDIAN.
Dated this '(~ day of ~c~,v~~e ~ , 20~_.
CITY OF MERIDIAN, a municipality and
Political subdivision of the State of Idaho
~~~
By
ammy de Weerd, Mayor
ATTEST: `\\~~,.~``,~y OF ~~/p~~'%,~~~~
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Jaycee H man, Meridian City Cleglc '9 ~,~ o,°~ \~
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Approved by City Council on: ~~~ .~.....~~~P~ - O
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TRADITIONS BY AMYX II
By /,vv
P esident
ATTEST:
Secretary
STREET LIGHT AGREEMENT Page 2 of 3
STATE OF IDAHO, )
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County of Ada, )
On this ~ day of ~~ ~~ rv-'he~ , 20 ~ ~ ,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.
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STATE OF ~~,(~,p ,)
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NO Y PUB IDAHO
RESIDING AT t
MY COMMISSION EXPIRES Q.-~t. I
On this day of 20~ befor e, the undersi ed, a Notary Public
in and for 'd State, personally appeared and
known to me be the President d Secretary of
TRADITIONS BY II, 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.
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STREET LIGHT AGREEMENT Page 3 of 3