Polygon @ Bull Mountain Homeowners Association ~ AG180002 ~ Street Light Cost Reimbursement STREET LIGHT COST REIMBURSEMENT AGREEMENT
THIS STREET LIGHT COST REIMBURSEMENT AGREEMENT(this "Agreement")is made and entered
into on C7 ►,�°I} ,2017 by and between Polygon at Bull Mountain Homeowners Association,
an Oregon nonprofit association (the "Association"), and the City of Tigard, an Oregon municipal
corporation (the"CCS").
Recitals
A. The Association is a homeowners association which is responsible for the management,
administration, maintenance, protection and preservation of Polygon at Bull Mountain, a planned
community located in the City and which currently includes Lots 1 through 82, inclusive, and certain
common area tracts, as depicted and described on the Plat of Polygon at Bull Mountain recorded in the
official records of Washington County,Oregon on February 23, 2016 as Document No.2016-013947.
B. The City has jurisdiction over and is responsible for the street lights located on the public
streets traversing through and adjoining the Polygon at Bull Mountain planned community. The City
contracts with Portland General Electric Company("PGE")forthe operation and maintenance of the street
lights under the City's jurisdiction and pays PGE a monthly fee for each street light. The amount of the
monthly fee varies depending on the type of street light.
C. The City allowed for the installation of upgraded decorative street lights on the public
streets traversing through and adjoining the Polygon at Bull Mountain planned community on the
condition that the Association reimburse the City for the cost difference between the upgraded decorative
street lights and the City's standard street lights.
D. The Association is willing to reimburse the City for the cost difference on the terms and
conditions set forth in this Agreement since the upgraded decorative street lights improve the aesthetic
appearance and visibility of the City's public streets primarily for the benefit and enjoyment of the
homeowners within the Polygon at Bull Mountain planned community, which homeowners are the
members of the Association.
Agreement
NOW,THEREFORE, in consideration of the foregoing and the mutual covenants and promises set
forth herein, and other good and valuable consideration,the receipt and adequacy of which are hereby
acknowledged,the Association and the City hereby agree as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein
as a material part of this Agreement.
2. Definitions. The following terms shall have the meanings set forth below when used in
this Agreement:
2.1 "Agreement" means this Agreement as the same may be amended from time to
time in accordance with its terms.
2.2 "Association" means Polygon at Bull Mountain Homeowners Association, an
Oregon nonprofit association.
2.3 "Base Fee" means the monthly fee paid by the City to PGE for each Standard
Street Light pursuant to the PGE Tariff/Rate Schedule,which as of the date of this Agreement is$13.68.
2.4 "CCS" means the City of Tigard,an Oregon municipal corporation.
2.5 "Decorative Street Light" means a 70-Watt Acorn LED (24 kWh) street light on a
16-foot fluted aluminum pole.
2.6 "PBM Street Lights" has the meaning set forth in Section 3 below.
2.7 "PGE" means Portland General Electric Company, an Oregon corporation,or any
successor utility company with which the City contracts for the operation and maintenance of street lights
under the jurisdiction of the City.
2.8 VGE_TarifRate Schedule" means the PGE tariff/rate schedule for street and
highway lighting as in effect and approved by the Oregon Public Utility Commission from time to time.
2.9 "Standard Street Light" means a 67-Watt Shoebox LED (23 kWh) street light on
30-foot smooth fiberglass pole.
3. General Description and Location of Street Lights. This Agreement pertains to forty-four
(44) Decorative Street Lights situated on the public streets traversing through or adjoining the Polygon at
Bull Mountain planned community, the general location of which are shown on the attached Exhibit A
(the"PBM Street Uphts"). The PBM Street Lights are an upgrade from the City's Standard Street Lights.
4. Reimbursement Obligation. In consideration of the City approving the installation of the
Decorative Street Lights instead of the Standard Street Lights,the Association shall reimburse the City,on
a monthly basis,for any fee incurred and paid by the City to PGE pursuant to the PGE Tariff/Rate Schedule
for the PBM Street Lights in excess of the Base Fee(the"Reimbursement Fee"). The amount of the initial
monthly Reimbursement Fee is$513.92($11.68 for each PBM Street Light,44 PBM Street Lights in total).
The City shall promptly notify the Association of any rate changes in the PGE Tariff/Rate Schedule and
adjust the Reimbursement Fee accordingly. The City shall invoice the Association for the Reimbursement
Fee on a monthly basis in arrears. The Reimbursement Fee shall be due and payable within thirty (30)
days of the date of the invoice.
5. Remedies. If the Association fails to pay the Reimbursement Fee when due, then, in
addition to all other available remedies at law or in equity,the delinquent Reimbursement Fee shall bear
interest at a rate of twelve percent(12%) per annum until paid in full. If the Association has not paid the
Reimbursement Fee within twenty-five (25) days following the payment due date, as an additional
remedy,the City may suspend the provision of City water service to any customer water accounts in the
name of the Association. Prior to the suspension of water service, the City will provide the Association
with five (5) days' notice of its intent to suspend water service. If the Association has not paid the
Reimbursement Fee at the conclusion of the five(5)-day notice period,the City may suspend water service
007 t669�1; , 2
to the Association for so long as the Association remains delinquent in the payment of the Reimbursement
Fee.
6. Term. This Agreement shall remain in effect for so long as the City retains jurisdiction
over the PBM Street Lights.
7. Notices. All notices, invoices, correspondence or other communications required or
provided to be sent by any party to this Agreement shall be in writing with all applicable postage or
delivery charges prepaid and shall be sent by: (a) U.S.first-class mail; (b)overnight delivery service;or(c)
courier service or hand delivery. All notices shall be deemed to have been given on the earlier of actual
delivery or refusal of a party to accept delivery thereof(including a party ignoring attempted delivery). All
notices shall be addressed to the party at the address below:
If to the Association: Polygon at Bull Mountain Homeowners Association
c/o Pinnacle(Attn:Michael Del Gaiso)
1200 NW Naito Parkway,Suite 650
Portland, OR 97209
If to the City: City of Ti gand
Attn:
13125 SW Hall Boulevard
Tigard,OR 97223
Any address or name specified above may be changed by notice given to the above addressees
by the party making the change in accordance with this Section 7. The inability to deliver any notice
because of a changed address of which no notice was given, or rejection or other refusal to accept any
notice,shall be deemed to be the receipt of the notice as of the date of such inability to deliver or rejection
or refusal to accept. Any notice to be given by any party hereto may be given by the counsel for such
party.
8. Entire Agreement; Amendments. This Agreement constitutes the entire agreement and
understanding between the Association and the City with respect to the subject matter hereof and
supersedes all prior understandings, representations or agreements of any kind relating to the subject
matter hereof. This Agreement may not be amended, modified, revoked or terminated except by a
written instrument executed by the Association and the City.
9. Severability. If any provision of this Agreement or the application thereof to any person
or circumstance shall to any extent be held invalid, then the remainder of this Agreement or the
application of such provision to persons or circumstances other than those as to which it is held invalid
shall not be affected thereby, and each provision of this Agreement shall be valid and enforced to the
fullest extent permitted by law.
10. Attorneys' Fees. If a suit, action, arbitration, or other proceeding of any nature
whatsoever, including without limitation, any proceeding under the U.S. Bankruptcy Code, is instituted,
or the services of an attorney are retained,to interpret or enforce any provision of this Agreement or with
respect to any dispute relating to this Agreement,the prevailing or non-defaulting party shall be entitled
to recover from the losing or defaulting party its attorneys',paralegals', accountants',and other experts'
{00716693;11 3
fees and all other fees,costs,and expenses actually incurred in connection therewith(the"Fees"), In the
event of a suit, action, arbitration, or other proceeding, the amount of Fees shall be determined by the
judge or arbitrator, shall include all costs and expenses incurred on any appeal or review,and shall be in
addition to all other amounts provided by law.
11. Governing Law;Venue. This Agreement shall be governed by and construed and enforced
in accordance with the laws of the State of Oregon. Venue shall be in the Circuit Court of Washington
County,Oregon.
12. Counterparts; Signatures. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original and all of which shall constitute one and the same instrument.
Electronic signatures or delivery of copies of manual signatures by facsimile or email shall be sufficient to
bind the parties hereto.
(Remainder of Page Intentionally Left Blank;
Signature Page Follows)
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IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set
forth above.
ASSOCIATION: POLYGON AT BULL MOUNTAIN
HOMEOWNERS ASSOCIATION,an Oregon
nonprofit corporation
By: —
Sandy Ko President
CITY: CITY OF TIGARD,
an Oregon municipal corporation
By: _
Name:
Title:
(00716693;1) 5
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