Street Light Maintenance Agreement with Traditions by Amyx II for Zebulon Heights #5ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00
BOISE IDAHO 06128/12 10:44 AM
DEPUTY Lisa Bali
RECORDED-REQUEST OF II I I I IIIII IIIII I II II IIIIII
Meridian City i 1206 ?7?
STREET LIGHT MAINTENANCE AGREEMENT: ZEBULON HEIGHTS #5
This STREET IGHT MAINTENANCE AGREEMENT ("Agreement") is made and
.
entered into this ~ day of C~. , 2012 ("Effective Date"}, by and between the City of
Meridian, a municipal corporation orga zed under the laws of the State of Idaho ("City"), whose
address is 33 E. Broadway Ave., Meridian, Idaho, 83642, and The Traditions by Amyx II, a
limited liability partnership organized under the laws of the State of Idaho ("Developer"), whose
address is 13967 Wainwright Drive, Suite 102, Boise, Idaho, 83713.
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, Zebulon Heights #5 is a residential subdivision within the City of Meridian
with thirteen (13)special-order, decorative street lights installed by Developer to satisfy 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 thirteen (13) street lights located in the Zebulon Heights #5 residential
subdivision. It is agreed that City will enter into a Schedule 40 Agreement with Idaho Power
Company, and 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 thirteen (13) street lights located in the Zebulon Heights #5
residential subdivision.
2. Replacement and/or repair, as needed due to damage, deterioration, or loss, of the thirteen
(13) street lights located in the Zebulon Heights #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
STREET LIGHT AGREEMENT: ZEBULON HEIGHTS #5 PAGE 1 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
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.
I WITNESS WHEREOF, the parties hereto have executed this Agreement on this
~'~ day of , 2012.
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DEVELOPER:
Todd Amyx
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CITY OF MERIDIAN:
BY:
Tammy de,JWeerd, Mayor
STATE OF IDAHO )
ss:
County of ) ~~
I HEREBY C RTIFY that on this day of
2012, before the undersigned, a Notary
Public in th tate 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
first above written.
Not~ty Public for Idaho ~ "
Residing at ,Idaho
My Commission Expires:
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City of t;
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L. Holman, City Clerk
STREET LIGHT AGREEMENT: ZEBULON HEIGHTS #5 PAGE 2 OF 2