HomeMy WebLinkAboutPlay equipment detail & license agreementLICENSE AGREEMENT
(Cherry Blossom Subdivision No. 1
This License Agreement ("Agreement") is by and between Jayo Land Development
Company, Inc., an Idaho Corporation ("Jayo Land Development") and the owners of the parcels
of real property situated in Cherry Blossom Subdivision No. 1, Ada County, Idaho as shown on
the attached Exhibit "A," ("Licensee") referred to in the singular for simplicity regardless of the
number of licensees.
In consideration of the mutual promises contained in this Agreement, the Parties agree
that the following recitals are correct and that the terms of this Agreement are binding:
RECITALS
A. Jayo Land Development is the owner of the real properties in the Cherry Blossom
Subdivision No. 1, located in Meridian, Ada County, Idaho (the "Subdivision") as described on
the attached Exhibit "A" which is incorporated herein by reference.
B. Licensees shall be the owners of the real properties described on Exhibit "A" at such
times as the same are conveyed to owners other than Jayo Land Development.
C. A fence will be constructed along the East ends or rear lot lines of each of the lots
described herein. The fence will not be directly located on the rear lot lines. It will be located
five (5) feet inside the boundary of each of the lots. The five (5) foot gap between the fence and
the Licensees' properties (the "Subject Property") is the subject of this Agreement.
D. The fence will be constructed in such a manner because the rear lot lines of each of the
lots are located approximately in the middle of the canal which is adjacent to the subdivision.
The fence does not reflect the legal boundary for the rear lot lines.
E. This Agreement is intended to provide that the Licensees shall have the right to use the
Subject Property which is a part of their lots and to further provide for the maintenance of the
Subject Property.
AGREEMENT
1. GRANT OF LICENSE. Jayo Land Development grants to the Licensees the right to
occupy and use the Subject Property upon their lots pursuant to the terms and conditions of this
Agreement. As consideration for this Agreement the Licensee acknowledges and agrees that the
fence has been constructed in an acceptable manner and relinquishes all objections, if any,
relating to the installation of the fence. Additionally, during the term of this license the
Homeowners' Association for the Subdivision (the "HOA") shall be created by Jayo Land
Development in a manner which obligates the HOA for maintenance of the Subject Property so
that it is not deemed a nuisance by any governmental agency.
2. TERM OF LICENSE. This License shall remain in effect and inure to the benefit of the
Licensee's and their heirs and assigns unless the Fence is removed. In the event the Fence is
removed this License shall terminate.
3. INDEMNIFICATION. Licensee (jointly and severally if more than one) agrees to
indemnify and hold Jayo Land Development harmless from any claims, damages, liabilities,
costs or expenses relating to Licensee's or Licensee's guests, agents or invitees, use of the
Subject Property and/or the Fence.
4. ENTIRE AGREEMENT. This Agreement contains the entire agreement among the
parties to this Agreement with respect to the subject matter of this Agreement and supersedes all
prior understandings, agreements, representations and warranties, if any, with respect to the
Subject Matter.
Dated this day of 2019.
By:
STATE OF IDAHO )
:ss
County of Ada )
JAYO LAND DEVELOPMENT
COMPANY, INC.
Douglas Jayo, President
This record was acknowledged before me on , 2019 by
Douglas Jayo as the President of Jayo Land Development Company, Inc.
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
EXHIBIT "A"
LEGAL DESCRIPTION
Lots 1, 2, 3, 4, 5, 6, 7, 8 and 9, Block 2, Cherry Blossom Subdivision No. 1, according to the
official plat thereof filed in Book of Plats at Page(s) records of
Ada County, Idaho.