HomeMy WebLinkAboutA to Z Sprinklers and Landscape Ken Crumpton - License AgreementLICENSE AGREEMENT
This LICENSE AGREEMENT ("Agreement") is made effective this lG r day of
ex' , 2019, by and between the City of Meridian, a municipal corporation organized
under the laws of the State of Idaho ("Licensor" or "City"), and Ken Cumpton, dba A to Z Sprinklers
and Landscape ("Licensee"). Licensee and Licensor may be collectively referred to as "Parties."
WHEREAS, Licensor owns Ada County parcel no. R1079860730, legally described as Lot
1, Block 10, Bridgetower Crossing Subdivision No 2 ("Licensor's Parcel");
WHEREAS, it would be mutually beneficial for both Parties for Licensee use Licensed
Premises to park vehicles and equipment and in exchange keep the Licensed Premises clean and
weed free;
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. Licensor hereby grants to Licensee, as grantee, a non-exclusive license on,
over, across, and through the Licensed Premises, for the limited purposes of parking vehicles and
equipment and temporary materials storage. The Licensed Premises are depicted on Exhibit A. The
portion of the Premises identified on Exhibit A as "Area excluded from License Agreement" is the
location of City's test well, and said area shall not be disturbed by Licensee.
2. Term and termination. This Agreement shall remain in effect unless and until terminated by
either party, upon thirty (30) days' written notice.
3. Maintenance. Licensee shall maintain the Licensed Premises free of trash and weeds, in good
condition and repair, and as may be needed to satisfy applicable laws, policies, and reasonable
discretion of Licensor. Any piles of landscape debris, to the extent they are otherwise allowed, must
be removed within five (5) business days.
4. Unauthorized Vehicles. Licensor may post a sign on the Licensed Premises prohibiting parking
by Unauthorized Vehicles. Unauthorized Vehicles shall be defined as those not belonging to
Licensor, Licensee, or their employees and invitees. Licensee may notify City if Unauthorized
Vehicles need to be removed.
5. Indemnification. Licensee specifically indemnifies City and holds City harmless from any loss,
liability, claim, judgment, or action for damages or injury to Licensee, to Licensee's personal
property or equipment, and to Licensee's employees, agents, guests or invitees arising out of or
resulting from the condition of City property or any lack of maintenance or repair thereon and not
caused by or arising out of the tortious conduct of City or its employees. Licensee further agrees to
indemnify and hold City 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 use and occupancy of the
Licensed Area by Licensee or by Licensee's agents, employees, guests or business invitees and not
caused by or arising out of the tortious conduct of City or its employees. If any claim, suit or action
is filed against City for any loss or claim described in this paragraph, Licensee, at City's option, shall
defend City and assume all costs, including attorney's fees, associated with the defense or resolution
LICENSE AGREEMENT PAGE 1
Meridian City Council Meeting Agenda October 1, 2019 – Page 111 of 161
14. Obstructions. Neither Licensor nor Licensee shall install or permit any fence, sign, or other
barrier within or across the Licensed Premises. 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 the Licensed Premises, so long as such work is conducted
in the most expeditious manner reasonably possible.
15. 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 mailed, via
U.S. Mail, prepaid and addressed to the respective Party's current registered agent as enumerated in
the records of the Idaho Secretary of State.
16. 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.
17. 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.
18. 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.
19. 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.
20. Warranty of authority. The person executing this Agreement on behalf of Licensor represents
and warrants due authorization to do so on behalf of Licensor, and that upon execution on behalf of
Licensor, the same is binding upon, and shall inure to the benefit of, Licensor.
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed the
day and year first written above.
LICENSEE:
Ken C}Lmpton, dba Ats.Z Sprinkler and Landscape
LICENSOR:
City of Meridian
Tammy de Weerd, Mayor
LICENSE AGREEMENT
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City Clerk
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Meridian City Council Meeting Agenda October 1, 2019 – Page 113 of 161