HomeMy WebLinkAboutLicense Agreement with St. Lukes for Construction of Meridian Monument Sign When Recorded Mail To: ADA COUNTY RECORDER Christopher D.Rich 2016.035530
BOISE IDAHO Pgs=17 DAWN TRIVOLIS 04/28/2016 08:41 AM
ST.LUKE'S HEALTH SYSTEM,LTD. MERIDIAN CITY NO FEE
190 East Bannock Street II'II II'I I'I'I II I I II"II I I'II II I'll/ II III
Boise,Idaho 83712-9987 00218913201600365300170179
Attn: General Counsel
(Above Space for Recorder's Use Only)
LICENSE AGREEMENT
FOR CONSTRUCTION AND MAINTENANCE OF MERIDIAN MONUMENT SIGN
This LICENSE AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF
ME DIAN MONUMENT SIGN("Agreement") is made effective this (o day of
r , 2016,by and between St. Luke's Regional Medical Center, Ltd., an Idaho not
for profit corporation("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 owns real property located at 520 S. Eagle Road, in Meridian,
Idaho,parcel no. S1116233803 ("Grantor's Property");
WHEREAS,to welcome travelers to Meridian, instill a sense of place, and establish a
landmark at this gateway to Meridian, City desires a license to use a portion of Grantor's
Property to construct and maintain an illuminated monument sign;and
WHEREAS, for the purposes and pursuant to the terms and conditions set forth in this
Agreement, Grantor is willing to extend such license to City;
NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency
of which are hereby acknowledged,the parties hereby agree as follows:
1. Grant of license. Grantor hereby grants to City,as grantee, a non-exclusive license on,over,
across,under, and through Grantor's Property,as legally described on Exhibit A, attached hereto
and incorporated herein by reference,as generally depicted in the diagram attached hereto as
Exhibit B for the following limited purposes:
a. Construction of an illuminated monument sign, including foundation, electrical
infrastructure, and associated components and facilities, as set forth in Exhibit C hereto
("Monument"), at City's sole cost and expense, as expeditiously as reasonably possible,
and in compliance with applicable laws,policies of Grantor, any existing encumbrances
on Grantor's Property, and sound design and engineering practices. City shall provide
Grantor reasonable prior notice in advance of construction,repair,or maintenance of
Monument.
b. Maintenance of the Monument in good condition and repair and as may be needed to
satisfy applicable laws,policies,and reasonable discretion of Grantor,and sound
engineering practices.
MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 1 OF 17
2. Term and termination. This Agreement shall continue in perpetuity and shall remain in
effect unless and until terminated by either party upon ninety(90)days written notice.
Following notice of termination,within the termination notice period, City shall remove the
Monument and restore and repair portion of Grantor's Property in need of restoration or repair
due to City's use at City's expense.
3. Damage or destruction. 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 the Monument, at City's cost. So long as
City elects to leave Monument in place, City shall maintain the Monument in good condition and
repair and as may be needed to satisfy applicable laws,policies,and reasonable discretion of
Grantor,and sound engineering practices. In the event that Grantor's property is damaged or
destroyed, in whole or part,due to City's use, City shall restore and repair such property.
4. Electrical utilities. City shall pay for the provision of and continued use of electrical
services to Monument, if any.
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 Grantor's Property or interests shall be the sole responsibility of
Grantor.
6. Binding on Successors. This Agreement 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. City agrees to 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 Property
pursuant to the license 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 Agreement,the prevailing party
shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees and
disbursements.
9. Assignment. City shall not sell,transfer, or assign its interest in this Agreement without the
written consent of Grantor. Grantor shall not sell,transfer, or assign its interest in this
Agreement without written notice to City.
10. Obstructions. Grantor shall neither install nor permit any fence, sign, landscaping, or other
barrier within or across Grantor's Property which would prevent or unreasonably obstruct the
view of the facia of the Monument or City's access to the Monument. However,the foregoing
shall not prohibit the installation of temporary barricades reasonably necessary for security
and/or safety purposes in connection with repair or maintenance of Grantor's Property, so long
MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 2 OF 17
as such work is conducted in the most expeditious manner reasonably possible to minimize the
obstruction of the Monument.
11.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: Russ Harbaugh,Director of Operations
c/o City Clerk St.Luke's Regional Medical Center,Ltd.
33 East Broadway 520 S.Eagle Road
Meridian, Idaho 83642 Meridian, Idaho 83642
Upon at least ten(10)days' prior written notice to the other,each party shall have the right to
change its address.
12.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.
13.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.
14. 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.
15. 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.
16.Warranty of authority. The person executing this Agreement on behalf of Grantor
represents and warrants due authorization to do so on behalf of Grantor, and that upon execution
on behalf of Grantor,the same is binding upon, and shall inure to the benefit of, Grantor.
IN WITNESS WHEREOF,the undersigned have caused this Agreement to be executed
the day and year first written above.
GRANTOR:
St.Luke's Regional Medical Center,Ltd.
an Idaho not for profit corporation
By: J- '�f' for
SLHS SVP, C O
Date: 5 (//)4
MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 3 OF 17
STATE OF IDAHO )
)ss.
COUNTY OF AD ) 11
On this IA/ lay of /1/Q.,‘ , 2016,before mte, C42-c.o, A . WI..1 ere$ ,
a Notary Public in and for said State, personally appeared e c_c r5 • '�Q.. Jo r ,
known or identified to me to be the Sr. .4 P C$0 of St. Luke's Regional Medical Center,
Ltd.,an Idaho not for profit corporation,the person who executed the instrument on behalf of said
corporation and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certif( , t above written.
0 ..wii
n
::j L L . L .._4m�
V.,, T .p' .
s +OAR„ Notary Public f Idaho
kC, Residing at 2 0 t S f
OLIO -0
My commission expires Q 8/1 9
,„.:1rE dog
'''r'n''''si Q��ptED A(jouST
C C.) ATTEST:
w
, cily of 'MINIM
r""��_ Att IDIAN '.."'=; irla
Tammy de re, ‘4 . or i IDAHO a , Ity Clerk
SEAL J 3oreS
-"e TRE N.7'''
STATE OF IDAHO )
)ss.
COUNTY OF ADA )
On this a(o day of 0.)m`,\ ,2016,before me,the undersigned,a
Notary Public in and for said State,personally appeared TAMMY DE WEERD and lAYCEE- -)P1/4e-`1 -\®IsES
known to me to be the Mayor and City Clerk,respectively,of the City of Meridian,
Idaho,and who executed the within instrument, and acknowledged to me that the City of
Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
`'• ''-C
MJi *k L- i'LQL
• No rc.A•
Ate. Notary Public fo daho n,,
g, V" ,r+: Residing at C&,Q 4 l
Mf ; My commission expires d2, cfr 1 S'
•. 0% ,�'.
MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 4 OF 17
EXHIBIT A
LEGAL DESCRIPTION
The Westerly 30 feet of the following described parcel of land:
A parcel of land being that portion of the Southwest Quarter of the Northwest Quarter of Section
16,Township 3 North,Range 1 East of the Boise Meridian,Ada County, Idaho, lying North of
the right-of-way of Interstate 84,East of the right-of-way of S.Eagle Road and Southerly and
Easterly of MONTVUE PARK SUBDIVISION,being more particularly described as follows:
COMMENCING at the West Quarter corner of Section 16,
Township 3 North,Range 1 East,Boise Meridian;thence
North 0 degrees 30'52" West 1321.35 feet to the intersection
of the West line of said Section 16 and the Southerly boundary of MONTVUE PARK
SUBDIVISION extended;thence
South 89 degrees 35'25" East 69.59 feet to the intersection
of the South line of MONTVUE PARK SUBDIVISION and the
Easterly right-of-way of S.Eagle Road, THE REAL POINT
OF BEGINNING of this description;thence continuing
South 89 degrees 35'25" East 941.72 feet to the Southeast
corner of MONTVUE PARK SUBDIVISION;thence
North 0 degrees 20'17" West 2.21 feet to the intersection of
the Easterly line MONTVUE PARK SUBDIVISION and the
North line of said Southwest Quarter of the Northwest Quarter;thence
South 89 degrees 26'11"East 338.32 feet to the Northwest
1/16 corner of said Section 16;thence
South 0 degrees 21'56"East 1281.37 feet along the East line
of said Southwest Quarter of the Northwest Quarter
to a point on the Northerly right-of-way of Interstate
84;thence
North 85 degrees 45'10" West 438.46 feet to an angle point
in the Northerly right-of-way of Interstate 84;
thence
South 89 degrees 09'38" West 758.53 feet to an angle point in
the Northerly right-of-way of Interstate 84;thence
North 46 degrees 13'58" West 142.42 feet(formerly 141.43
feet)to an angle point in the Easterly right-of-way
of S. Eagle Road;thence
North 0 degrees 50'36" West 394.41 feet to an angle point
in the Easterly right-of-way of S.Eagle Road;thence
South 89 degrees 09'24" West 5.00 feet to an angle point
in the Easterly right-of-way of S. Eagle Road;thence
along said right-of-way on a curve to the right 432.62
feet, said curve having a radius of 5659.58 feet,
a central angle of 4 degrees 22'47",tangent of
216.42 feet and a chord of 432.52 feet which bears
MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 5 OF 17
North 01 degrees 20'47" East to a point of reversed
curvature in the Easterly right-of-way of S. Eagle
Road;thence along said right-of way on a curve to
the left 342.87 feet, said curve having a radius
of 5799.58 feet, a central angle of 3 degrees 23'14",
tangents of 171.48 feet and a chord of 342.82 feet
which bears North 01 degrees 50'33"East to THE REAL POINT OF BEGINNING of
this description.
MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 6 OF 17
m
EXHIBIT B
GENERAL LOCATION OF MONUMENT
w
r
4
�1 C
�•
d �
L..# w
MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 7 OF 17
EXHIBIT C
MONUMENT DESIGN
MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 8 OF 17
-
IQFSASv
A .Aitl nF.
33 a4 f iia
MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 8 OF 17
tj
$ZEd �
Eli
5104
MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 9 OF 17
A sgi�gr�rb
a tiL�y P�05-Su
2-43/i"
a14
T-2%. Z-1114'
S-4"
O x��
al
MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 10 OF 17
m
d
T-2%. Z-1114'
S-4"
O x��
al
MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 10 OF 17
70
O
owl
5ct
,51HI
� s
1
Mill
IEr■
N UK jigIf
�11118_
2-8" 4'11W
1
O
5ct
,51HI
� s
i ;
N UK jigIf
m a
a
n
ti
ii
2! -8'+1 -
MERIDIAN MoNIIMENT LICENSE AGREEMENT PAGE 11 OF 17
�
m
m-19
�
;15 �
< g ; %\
r
ro
MERIDIAN MONUMENT UC NSE AGREEMENT PAGE12OF17
JD,
March 31.201?
Idaho Electric Sagas,
65 7 S Supply Way
Boise, ID 3370;
JOHNSON DESIGN & ENGINEERING, PLLC
1QDD N. LAKES PLACE. SUITE 100. MERIDIAN, ID 63648
Office: (2D8) $38-1446 Gell: (2W) 608-0008 E-mail: tjrrb&deidaho.com
:1ittll= Rick Berry
Re: Ci#s of Aferidi m - Met idian, ID
Voice (208) 338-4401
As you have requested, we hive provided the footing and column design for the above mentioned
project. Please fmd the following enclosed as a list of considerations for tour use in completing the
project.
PDF copy of select structural calciulations.
PDF copy of red -limed pl.-as.
If you have any questions or require additional information- please can.
Sineerel �.
TA, 3
154347
DESIGN & Eis+GINEERLNG, PLLC
F.E.
MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 13 OF 17
150347
JOHNSON DESIGN & ENGINEERING, PLLG
1900 N. LAKES PLACE. SUITE 100, MERIDIAN, ID 83646
Office: (208) 936-1 D45 Cell: (2118) 60"D08
STRLTCIT7RAL CAL CM4Y102V&
fol-
Idaho
arIdaho Electric Suns
City of Meridian - McAdian, ID
Select Smuctul-al Design
March 31. 2015
by
JOHNSON DESIGN & ENG"I1V ERLNG, PLLC
1900 N_ Lakes Place. Suite 100
Meridim Idaho 83646
(208) 939-1043
Page 1 of 3
E-mail: timjde-idaho_com
MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 14 OP 17
JOHNSON DESIGN & ENGiNEERING,,. PLLC
1900 N- LAKES PL-, SMITE 106 1 MERIDIAN * IDAHO
POLE SIGN DESIGN 2012 IBC
Client: Idaho Electric Signs
Project: City of Meridian Horizontal klonument Sign
Project No- 150343
Hate: 31-Mar-15
DESIGN CRITERIA:
Distance to sign top (h)
9:D0 ft.
Height (s)
0+_00 ft.
Width (B)
15.67 ft-
srh
1.00
BIS
1.74
Wind Load:
Basic Wind Speed. V =
115 mph ASCE 7-10, Fig_ 20.5-1A
Exposure
C ASCE 7-10. Sec- 26-7-3
Wind Direotionalrty Factor, Kd
0.85 ASCE 7-10, Table 2$.6-1
Velocity Pressure Exposure Coefficient, Kz =
0.95 ASCE 7-10, Table 30.3-1
Velocity Pressure, q =-00255'Kz'I{d'V'12 =
24-40 psf ASCE 7-10, Eq. 22.3-1
Force Coefficient, Cf =
1-55 ASCE 7-10, Fig- 29.4-1
Gust Factor Coefiic➢ent, G =
0.85 ASCE 7-10, Sect. 26.9
Design Wind Load. P = q'G'Cf'.63 =
20.'30 psf
Seismic:
Face Area Dead Load, Wt =
20 psf
Mapped Spectral Accelerations
for short periods, Ss =
1-60 ASCE 7-10, Sec. 1IA. 1
Site Coefficient, Fa =
1-00 ASCE 7-10. Table 11.4-1
Max. Spectral Response, SMS= Fa'Ss =
1-00 ASCE 7-10, Eq. 11.4-1
Design Spectral Response, SDs= 213'SMS =
1.07 ASCE 7-10, Eq. I IA -3
Response Modification Coefficient, R =
2.00 ASCE 7-10 Table 12.2-1
Seismic Load, Vs = 1.D'SDS'Wt1R =
10.7 psf ASCE 7-10 Eq. 1114-11
Soil:
Lateral Loadings Fpv=
200 pcf+ft.
Vertical Loadings Fpb=
1509 psf
Steel Stresses:
Yield Strength, Fy=
30000 psi
Bending Stress, Fh=0-60'Fy=
23700 psi
Concrete Stress:
Concrete Strength. Fc =
20DO psi
Reinforcing S rength, Fy =
40000 psi
MEMBER NO.
BASE HEIGHT Pw
Y Mw Pw
;ft}(lbs)
(ft) (:ft -lbs) (lbs)
1
0AO 2477
4 0883 2440
SIGN FORCES:
MEMBER 01
Sign Area # Area (Aft
Centriod (CF1 Cenvoid'Area
X)
(ft from base) (ft3)
1 15.DO
7.75 116.25
2 60,00
5.00 30D-00
3 47,01)
1-50 70.50
- Af = 122 -DD
-Af'Cf 480.75
Sign Centriod,6 _ (-Af'Cfy-Af =
3-99 ft -
Wind Load, Pw _ -AI'Ww =
2476.99 Ibs. base
Vertical Load. Pv=-Af'Wt=
2440.01) lbs. base
MERIDIAN MONUMENT LICENSE AGREEMENT
PAGE 15 OF 17
JOHNSON DESIGN & ENGINEERING, PLLC
1900 N_ LAKES PL., SUITE 104' MERIDIAN * IDAHO
POLE SIGN DESIGN
Client Idaho Electric Signs
Project: City of Meridian Horizontal klonurnent Sign
Project No_ 1503-#7
Date: 31-h7ar-15
COLUMN DESIGN: [Use AISC (1_6-2); faJFa + fbtFb a 1.331
Use sign loads at the base of each column member for analysis
of earth member
MEMBER fl
per member total
4" Dia x 0.237" Wall
Ax (int) _
$_17 8.34
Number of Columns
2 Sx (0) =
3-21 0.42
ry(in)=
1.16
K = 2
L unbraced (ft.) =
9-O0
KLPr = (in.)
1cc Fa=AISC T_1-36
4320.00 psi
fa = PviAx =
3$4.8.6 psi
Fb = AfSC 1.5 =
23760.00 psi
tb = MWISx =
18472.12 psi
fa1Fa + fb,.Fb =
0.57 <1.33 OKI
FOUNDATION DESIGN [IBC -Section 1 B]
FOOTING DEPTH = A�2(1+{1+-(4-38'Y1A))A0.6)
ASSUMED
Multiple Excavated Footings r-Footings,*F=
1
1=tg_ Width =(ft.)
16ZI)
Fag. Thick = (ft.)
3.67
Depth = (ft_)
2-75
A. _ (2.34'Pw.*F)1(S'B)=
0.94
where
S = Soil Bearing C 113 Depth =
396.67 (psf)
B = Effective Footing Width =
18:$0 (ft.)
hNNIMUNI FOOTING DEPTH _ (FT-)
2.54 OK I
GK_ FOOTING AREA REQ'D = PvlA:b
1.69 OK!
2012 IBC Equation 15-1
315
MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 16 OF 17
t
6._a,
PAGE 17 OF 17
7
I�t
MERIDIAN MONUMENT LICENSE AGREEMENT
Bak
w
VY
t
6._a,
PAGE 17 OF 17
7
MERIDIAN MONUMENT LICENSE AGREEMENT
t
6._a,
PAGE 17 OF 17