HomeMy WebLinkAboutTemporary License Agreement with RWP, LLC for Public Works WeekTEMPORARY LICENSE AGREEMENT
THIS AGREEMENT made and entered into this c�o day of 6, 2015, by
and between the City of Meridian, an Idaho Municipal Corporation, hereinafter called
"City", and RWP Meridian LLC, hereinafter called'°RWP".
WHEREAS, City is sponsoring an event titled "Public Works Week" and City desires to
publicize the event in the downtown Meridian area, and
WHEREAS, RWP owns a parcel of bare land in downtown Meridian that would
accommodate public parking and a piece of heavy equipment upon which City could
attach a temporary sign, and
WHEREAS, RWP is willing, upon certain terms and conditions, to provide non-
exclusive, temporary use of the property for the purposes stated herein for a period of
time defined within this Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
GRANT OF TEMPORARY LICENSE
For and in consideration of promises contained herein, and other good and
valuable consideration, RWP hereby gives and grants to City the non-exclusive
right, privilege and license to use a portion of certain real property, located at 502
North Main Street, Meridian, Idaho. The property subject to this agreement is
generally depicted on Exhibit A (referred to herein as the "licensed premises").
2. TERM OF AGREEMENT
This temporary license is granted for a term to begin on May 25, 2015 and
expiring on June 6, 2015.
3. USE OF LICENSED PREMISES
City's use of the licensed premises shall be limited to parking of one piece of
heavy equipment, such as a tractor, upon which the City may affix a temporary
sign. City agrees to comply with all applicable regulations for parking heavy
equipment and the placement of temporary signs pursuant to the laws and
regulations of the City of Meridian and any other governmental authority with
appropriate jurisdiction.
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Temporary License Agreement
4. REPAIR AND RESTORATION OF PREMISIS: City shall be responsible for
restoration or repair of the licensed premises necessitated by damage caused by
City's use under this Agreement.
5. INDEMNIFICATION AND INSURANCE
To the extent permitted by law, City hereby agrees to defend and hold RWP
harmless from any loss, liability, claim or action from damages or injuries to
persons or property in any way arising out of or resulting from the maintenance,
use, and occupancy of the licensed premises by City, its invitees, agents, and
employees. If any claim, suit or action is filed against RWP for any loss or claim
described in this paragraph, City shall defend RWP and assume all costs,
including attorney's fees, associated with the defense or resolution thereof,
however RWP shall not be relieved hereby from liability for its own negligent or
willful act or omission or that of its employees.
In addition, City shall maintain, and specifically agrees to maintain throughout the
term of this Agreement, liability insurance in the minimum amount as specified in
the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code, and
such amount shall be deemed to be the limit of City's covenant to save and hold
harmless RWP. In the event the insurance minimums of the Idaho Tort claims
Act are changed, City shall immediately submit Proof of Compliance with the
changed limits.
6. NOTICES
A. All notices to be given with respect to this Agreement shall be in writing
addressed as follows:
To RWP: RWP Meridian LLC
199 North Capitol Blvd.
#300
Boise, ID 83702
To City: City of Meridian
City Clerk
33 East Broadway
Meridian, ID 83642
B. Notice shall be either delivered or sent by certified mail, postage prepaid,
return receipt requested to the party to be notified at the address specified
above, or such other address as either party may designate in writing. Every
notice shall be deemed to have been given at the time it is deposited in the
United States mail, or upon delivery to the party above specified, or their
agent or legal representative.
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7. CONDITION OF LICENSED PREMISES
City acknowledges that City has inspected the licensed premises and does hereby
accept the licensed premises as being in good and satisfactory order, condition,
and repair. City agrees that upon termination of this Agreement, City shall
surrender the licensed premises to RWP in the same good condition as received,
reasonable wear and tear, damages by fire, acts of vandalism, or act of God
exempted.
8. APPROVAL BY CITY COUNCIL REQUIRED
This Agreement shall not be effective for any purpose whatsoever until it is
approved by the resolution of the City Council and executed by the Mayor.
IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and
year first above written.
Attest:
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CITY OF MERIDIAN
By:
Tammy d6Werd, Mayor
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EXHIBIT"A"
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Parcels to be used: R10090000360;R I0390000340
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