Street Light Maintenance Agreement with Traditions by Amyx II for Zebulon #4ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 2
BOISE IDAHO 04/11112 12:02 PM
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STREET LIGHT MAINTENANCE AGREEMENT: ZEBULON HEIGHTS #4
This STREET LIGHT MAINTENANCE AGREEMENT ("Agreement") is made and
entered into this da of , 2012 ("Effective Date"), by and between the City of
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Meridian a munici al co oration organized under the laws of the State of Idaho (City ), whose
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address is 33 E. Broadway Ave., Meridian, Idaho, 83642, and The Traditions by Amyx II, a
limited liabilit artnership organized under the laws of the State of Idaho ("Developer"), whose
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address is 13967 Wainwright Drive, Suite 102, Boise, Idaho, 83713.
WHEREAS, ursuant to Meridian City Code section 11-3A-21(B), the City generally
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maintains only shoebox- and cobrahead-style street lights, and requires that decorative street
li hts be maintained by the developer or homeowners association under a maintenance
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agreement duly executed with City;
WHEREAS, Zebulon Heights #4 is a residential subdivision within the City of Meridian
with four 4 s ecial-order, decorative street lights installed by Developer to satisfy the City of
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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. Ci 's commitments. From the Effective Date of this Agreement forward, City shall be
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res onsible for paying Idaho Power Company for the provision of electricity required to
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o erate the four (4) street lights located in the Zebulon Heights #4 residential subdivision. It
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is a reed that City will enter into a Schedule 40 Agreement with Idaho Power Company, and
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not a Schedule 41 Agreement (under which Idaho Power Company would provide
maintenance). Developer acknowledges that street lighting served under the Schedule 40
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. Replacement, as needed to ensure functionality, of: fuses, wiring, bulbs, ballasts, or
photoelectric cells in the four (4) street lights located in the Zebulon Heights #4
residential subdivision.
2. Replacement and/or repair, as needed due to damage, deterioration, or loss, of the four (4}
street lights located in the Zebulon Heights #4 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
STREET LIGHT AGREEMENT: ZEBULON HEIGHTS #4 PAGE l OF 2
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 Zebulon Heights 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 Zebulon
Heights home- or property owners association, and these parties' respective heirs, successors
an 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
~ day of r , 2012.
DEVELOPE ~-----
Todd Amyx
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STATE OF IDAHO
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County of )
I HEREBY CERTIFY that on this day of
2012, before the undersigned, a Notary
Public in the State of Idaho, personally appeared Todd Amyx,
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
fir above written.
tary Public for Idaho
Residing at ,Idaho
M Commission Ex Tres: a ~~ 7i
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CITY OF MERIDIAN:
BY: ~?~f
Tammy d erd, Mayor
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STREET LIGHT AGREEMENT: ZEBULON HEIGHTS #4 PAGE 2 OF 2