HomeMy WebLinkAboutConcept Investments, LLP. Landscape Improvements and Maintenance License Agreement ADA COUNTY RECORDER Phil McGrane 2022-021567
BOISE IDAHO Pgs=4 ANGIE STEELE 03/02/2022 09:22 AM
CITY OF MERIDIAN, IDAHO NO FEE
LICENSE AGREEMENT FOR LANDSCAPE IMPROVEMENTS AND MAINTENANCE
This LICENSE AGREEMENT FOR LANDSCAPE MAINTENANCE("Agreement") is
made effective this 2d_day of December,2021 ("Effective Date"),by and between the City of
Meridian, a municipal corporation organized under the laws of the State of Idaho("Licensee")
whose address is 33 E. Broadway, Meridian, Idaho 83642, and Concept Investments,LLP, a
limited liability partnership organized under the laws of the State of Idaho("Licensor")whose
mailing address is P.O. Box 6404, Boise, Idaho 83707-6404. Licensee and Licensor may be
collectively referred to as"Parties."
WHEREAS, Licensor owns Ada County parcel nos. R 103 9000247 and R1039000260 (the
"Subject Parcels"or"Licensed Premises"), located at 12 E. Ada and 20 E. Ada Street in Meridian,
Idaho,which are strips of land that abut Northbound and Southbound Meridian road,part of the
"split connector"roadway project;
WHEREAS, the Subject Parcels are adjacent to properties owned by the Ada County
Highway District and the Nampa Meridian Irrigation district, said parcels having been landscaped
with a mix of turf, shrubs, natural grasses, and trees;
WHEREAS,the Subject Parcels are not currently landscaped and Licensor has no
immediate plans to develop the Subject Parcels;
WHEREAS, Licensee desires to install landscaping and maintain the Subject Parcels on
behalf of the citizens of Meridian to provide a visually pleasing open space until such time as
Licensee desires to develop the Subject Parcels;
WHEREAS, it is mutually beneficial for both Parties for Licensee to assume responsibility
for landscaping and maintaining the Subject Parcels;
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,under, and through the Licensed Premises, for the limited purposes of installation and
maintenance of landscaping, to including turf, shrubs,natural grasses,and trees at Licensee's
discretion for use as landscaped open space.
2. Term and termination.This Agreement shall be in effect for an Initial Term beginning on
the Effective Date ending on September 30,2031. After the Initial Term, this agreement will
automatically renew for successive one-year extension terms,unless terminated by either party upon
90-day notice prior to the end of the current extension term. Licensor may terminate this agreement
at any time upon receiving conditional development approval for a site development application
LICENSE AGREEMENT PAGE 1 OF 3 Page 134
from the City of Meridian for the Subject Parcel(s). Licensor shall provide Licensee at least ninety
(90) days' written notice of Licensor's intent to develop the property. Licensee's obligation to
maintain the Licensed Premises is subject to annual budget appropriations by the City of Meridian.
3. Maintenance. Licensee shall maintain the landscaping on the Licensed Premises in good
condition and repair, and as may be needed to satisfy applicable laws, policies, and reasonable
discretion of Licensor, and sound landscape maintenance practices.
4. Damage or destruction.In the event that the landscaping on the Licensed Premises is
damaged or destroyed, in whole or in part,Licensee may restore or replace the landscaping, subject
to availability of sufficient funds.
5. Water. Licensee shall pay for the provision of and continued use of water to the Licensed
Premises, if any.
6. Insurance to be obtained by Licensee. Licensee 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 Licensor's insurable interests shall be
the sole responsibility of Licensor.
7. Binding on Successors. This Agreement shall be binding on the successors, administrators,
executors and assigns of all parties hereto, and shall run with the land.
8. Hold harmless. Licensee agrees to hold the Licensor, its successors, assigns, and agents
harmless from any and all claims, liability, losses, costs, charges,or expense that arise from
Licensee's use or use by its employees, licensees, agents, invitees, or representatives, of the
Licensed Premises pursuant to the license granted hereby.
9. Remedies. In the event of a breach hereunder by either 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.
10. Assignment. Neither party shall sell,transfer, or assign its interest in this Agreement
without first providing written notice to the other party.
11. 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.
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
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.
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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. 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.
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