Street Light Maintenance Agreement 1940 Eagle RoadIrizalky"- **01:401 x-
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ADA COUNTY RECORDER Christopher D. Rich 2017-116420
BOISE IDAHO Pgs=4 LISA BATT 12/06/2017 02:06 PM
CITY OF MERIDIAN, IDAHO NO FEE
(Space Above For Recorder's Use)
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1940 S. EAGLE ROAD, MEREDI[AN I
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� .1 , eridian, .,.;i
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83642, and Carissa Primmer, on behalf a!._ Investments LLC ("Owner"), whose address is
1940 S. Eagle Road, Meridian, ID 83642.
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WHEREAS, the approved street light plan calls for a new meter pedestal to be installed so that
the light may be metered per Idaho Power requirements and the electricity billed to the City of
Meridian;
WHEREAS, as an alternative to installation of a new meter pedestal, the Owner has requested
authorization to connect the Street Light to the new circuit at the Property, and in exchange is willing
to pay for electricity to illuminate the Street Light as part of Owner's electrical bill until lights are
installed along the frontage of Eagle Road, between Overland and the Property, at which point Owner
will connect the Street Light to City's lighting circuit; and
WHERE AS, 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 SUNDANCE INVESTMENTS PAGE 1 OF 4
L OWNERS' Cow
qffmENTs
A. Street Light and conduit. Owner shall install one (1) City Standard Type 1 street light, 35' in
height with a 12' mast arm at Property, and shall connect such Street Light to the property circuit.
The fixture shall be from the current approved City of Meridian Approved Fixture List.
Additionally, Owner shall install ajunction 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 Street Light.
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. Effect of street light installation at adjacent property. In the event that street lights are installed
along the frontage of the property adjacent to the Property (1940 S. Eagle Road, Meridian, Idaho,
Ada County parcel no. R7909790125), 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,
E. 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 Street Light. Upon installation and/or connection of a separate meter billed to the City of
Meridian for Street Light, the City shall assume responsibility for timely paying Idaho Power
Company, and/or its successors and assigns, for the provision ofelectricity to the Street Light.
H. CITY'S COMMITMENTS
A. Street Light maintenance. From the Effective Date of this Agreement forward, City shall be
responsible for
1. Replacement, as needed to ensure functionality, of. fuses, wiring, bulbs, ballasts, or
photoelectric cells in the Street Light; and
2. Replacement and/or repair, as needed due to damage, deterioration, or loss, of the Street Light,
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 parcel: Ada County
parcel no. R7909790125, legally described as Parcel #0125 @ SSide Lots 16, Block 1, Silverstone
Sub No 03.
M. GENERAL PROVISIONS.
STREET UGHr AGREEMENT WITH SUNDANCE INVESTMENTS PACE 201`4
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.
I . 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 Sundance Investments, LLC
Attn: City Clerk Attn: Carissa Primmer
33 E. Broadway Ave. 1940 S. Eagle Road
Meridian, Idaho 83642 Meridian, ID 83642
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.
F. Agreement governed by Idaho law. The laws ofthe State of Idaho shall govern the validity,
interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of
Ada County, Idaho.
STREET LIGHT AGREEMENT WITH SUNDANCE INVESTMENTS PAGE 3 OF 4
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. Severa,hillity.. 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,
1. 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.
ISS WHEREOF, the parties hereto have executed this Agreement on this
day of iVo rim hz,t"** 2017.
7Carissa
Primmer
r DANIELLE SUTTON
Notary Public
of
Ida:
State ot Idaho
CITY OF
Tam Ta re 1
y eerd, Mayor
C& Cje,�
STATE OF IDAHO
) ss:
County of ADA
I HEREBY CERTIFY that on this day ofAlosrem OIX
before the undersigned, a Notary Public in the State of Idaho
personally appeared Corissa Primmer, proven to me to be the person
who executed the said instrument,;and acknowledged to me that he
executed the same,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal, the day and year in this certificate first above
Notary Public for Idaho
Residing at _M oe f , el iCkl\ Idaho
My Commission Expires: _J 1
STATE OF IDAHO
County of ADA.
I HEREBY CERTIFY that on this rJ day .ofAkr26W, ',10 1-1
before the undersigned, a Notary Public in, the State of Idtho
personally appeared Tommy de Weerd and-c'.Mv 7_01g�
known or identified to me to be the Mayor and Clark'
respectively, of
the City- of Meridian, who executed the instrument on behalf of the
City of Meridian, and acknowledged to me that the City pf Meridian
executed the same.
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 furl'0
Rdsidingat, Idaho
My Commission Expires: 3 . �k Y , ao OL 9L
STREET LIGHT AGPEEMEMWITH SUNDANcE INvEsTmENTs PAGE 4 of 4