HomeMy WebLinkAboutMeridian Monument Sign for CarMax ADA COUNTY RECORDER Christopher D. Rich 2016-017705
BOISE IDAHO Pgs=S VICTORIA BAILEY 03/03/2016 09:55 AM
MERIDIAN CITY NO FEE
When Recorded Return To: 1111111111111111111111111113 11111111111111111111'
Office of the City Clerk 00199365201600177050050053
33 East Broadway Avenue
Meridian, ID 83642
MERIDIAN MONUMENT SIGN—CARMAX AUTO SUPERSTORES WEST COAST,INC.:
CONSTRUCTION,TRANSFER,AND EASEMENT AGREEMENT
This CONSTRUCTION, TRANSFER, AND EASEMENT AGREEMENT ("Agreement") is
made this day of Wow)— , 2016 ("Effective Date"),by and between CarMax Auto
Superstores West Coast, Inc., a corporation organized under the laws of the state of Virginia
("Grantor"), and the City of Meridian, a municipal corporation organized under the laws of the state of
Idaho ("City"). Grantor and City may be collectively referred to as "Parties."
WHEREAS, Grantor is the owner of property located at 4043 E. Elden Gray Street,Ada
County parcel no. 51104438755 (hereinafter referred to as "Grantor's Parcel");
WHEREAS,pursuant to Meridian City Council's approval of application no. CZC-15-038,
Grantor has agreed to construct a"Welcome to Meridian"monument sign, including foundation and
all associated components and facilities, as depicted in the diagram attached hereto as Exhibit A
("Monument"),to welcome travelers to Meridian, instill a sense of place, and to establish a landmark
at this gateway to Meridian; and
WHEREAS, Grantor desires to gift the Monument to City and grant to City an easement for
the City's access to and maintenance of the Monument, under the terms and conditions outlined herein;
NOW,THEREFORE, for good and valuable consideration,the receipt and sufficiency of
which are hereby acknowledged, the parties hereby agree as follows:
1. Construction of Monument. Grantor, at Grantor's sole expense, shall construct the Monument, to
include an illuminated City of Meridian monument sign, including foundation and all associated
facilities, as depicted in, and in accordance with, the plans and specifications attached hereto as Exhibit
A. Grantor shall obtain a sign permit from City for such sign and shall schedule all necessary
inspections, include inspection of footing and final inspection, related to such permit.
2. Transfer of Monument to City. Following construction of the Monument and final inspection by
City, Grantor shall initiate transfer of ownership of Monument to City by providing to City copies of
full releases and waivers of lien from any all subcontractors and suppliers. Within thirty(30) days of
receipt of such documentation, City shall adopt a resolution indicating acceptance of ownership and
ongoing responsibility for maintenance of the Monument as constructed and installed.
3. Grant of easement for maintenance. Grantor hereby grants to City, as grantee, an exclusive
easement for the ongoing maintenance of the Monument upon transfer of ownership to City.
Following City's acceptance of ownership of Monument, Grantor shall, at Grantor's sole expense,
prepare for City's review and signature a Satisfaction and Release of this Agreement and a
replacement easement document,to include easement terms similar to those in this Agreement, along
with a legal description of the placement of the Monument, prepared by a licensed surveyor.
MERIDIAN MONUMENT EASEMENT AGREEMENT PAGE 1 OF 5
4. Maintenance. Following transfer of ownership of Monument to City, City shall provide all
routine maintenance,restoration, and repair of the Monument, at City's cost, as necessary to keep the
Monument in good repair. In the event that the Monument is damaged or destroyed, in whole or in
part, City may, at its sole election,restore or replace the Monument, subject to availability of sufficient
funds. City shall have the right to remove or modify the Monument, at City's cost and sole election.
5. Insurance to be obtained by City. The Monument is, and shall be, City's personal property, and
City shall obtain all necessary property and other insurance as may be required in order to protect its
insurable interests for its rights and obligations described within this Agreement. Insurance of the
subservient parcel, and of Grantor's property or interests, shall be the sole responsibility of Grantor.
6. Binding on Successors. This Easement shall be recorded in the official records of Ada County,
Idaho, and shall be binding on the successors, administrators, executors and assigns (if permitted) of all
parties hereto and shall run with the land.
7. Hold harmless. To the extent allowed by law, City shall hold the Grantor, its successors, assigns,
and agents harmless from any and all claims, liability, losses, costs, charges, or expense that arise from
City's use or use by its employees, licensees, agents, invitees, or representatives, of the Grantor's
Parcel pursuant to the easement granted hereby.
8. Remedies. In the event of a breach hereunder by any party, the non-breaching party shall have all
remedies available at law or in equity, including the availability of injunctive relief. In any suit, action
or appeal therefrom to enforce or interpret this Easement,the prevailing party shall be entitled to
recover its costs incurred therein, including reasonable attorneys' fees and disbursements.
9. Assignment. Neither party shall sell,transfer, nor assign its interest in this Agreement without the
written consent of the other party, which other party is free to withhold for any reason.
10. Easement obstructions. No fence, sign, landscaping, or other barrier shall be erected or permitted
within or across Grantor's Parcel which would prevent or unreasonably obstruct the view of the facia
of the Monument. However, the foregoing shall not prohibit(a)the temporary erection of barricades
which are reasonably necessary for security and/or safety purposes in connection with the construction,
reconstruction, repair and maintenance of Grantor's Parcel, so long as such work is conducted in the
most expeditious manner reasonably possible to minimize the interference with the use of the easement
and diligently completed, or (b)the construction of limited curbing or other forms of traffic controls.
11. Relationship of Parties. It is the express intention of Parties that Grantor is an independent party
and not an employee, agent,joint venturer, or partner of City.
12. Notices. All notices, demands and requests required or desired to be given under this Agreement
must be in writing and shall be deemed to have been given as of the date such writing is (a) delivered
to the party intended, (b) delivered to the then current address of the party intended, or(c) rejected at
the then current address of the party intended,provided such writing was sent prepaid. The initial
address of the signatories hereto is:
City: City of Meridian Grantor: CarMax Auto Superstores West Coast, Inc.
do City Clerk 12800 Tuckahoe Creek Parkway
33 East Broadway Richmond, VA 23238
Meridian ID 83642 Attn: Construction Department
MERIDIAN MONUMENT EASEMENT AGREEMENT PAGE 2 OF 5
Upon at least ten(10) days' prior written notice to the other, each party shall have the right to change
its address.
13. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This
Agreement supersedes any and all statements,promises, or inducements made by either party, or
agents of either party, whether oral or written, and whether previous to the execution hereof or
contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered
except upon written agreement signed by both parties hereto.
14. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity,
interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada
County, Idaho.
15. Severability. 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.
16. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof
as if the exhibits were set forth in their entirety herein.
IN WITNESS WHEREOF,the undersigned have caused this Agreement to be executed the
day and year first written above.
GRANTOR:
CarMax Auto Superstores West Coast, Inc.
By: �//'`�
Scott Sawyer,A sistant Vice President
STATE OF VIRGINIA )
) ss:
County of Goochland )
I HEREBY CERTIFY that on this 5/-I1 day of February, 2016, before the undersigned, a Notary
Public in the State of o,personally appeared Scott Sawyer, Assistant Vice President, proven to me
to be the person whoex uted the said instrument, and acknowledged to me that s/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.
L-1 1/ ,4_,,- -,Jicaq jC1- 4./ca
Notary Public
Registration Number: -7) 3 5 c13 t
My Commission Expires: _ ,(tu ,tri,ui 31, AO/1
MELISSA D. HALL
NOTARY PUBLIC
REGISTRATION#7135931
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES
JANUARY 31, 2019
MERIDIAN MONUMENT EASEMENT AGREEMENT PAGE 3 OF 5
CITY OF MERIDIAN:
BY: 7?f- °,,,,,, AW Atte
' .- , r., Mayor
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• el,'olman, City Clerk
STATE OF IDAHO ) SEAL
) ss �Y'f _ \A`
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County of Ada )
On this I day of tLto rc is. , 2016, before me, a Notary Public, personally appeared Tammy
de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively,
of the City of Meridian, who executed the instrument or the person that executed the instrument of
behalf of said City, and acknowledged to me that such City 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.
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Residing at 6---tex-td�akr\ , Idaho
W�',O�A$�.� ;, •• My Commission Expires: 1 - 4 - a-o-D 0
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MERIDIAN MONUMENT EASEMENT AGREEMENT PAGE 4 OF 5
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