HomeMy WebLinkAboutLicense to Use Building with BCC RPI Meridian, LLCLICENSE TO USE BUILDING
THIS LICENSE TO USE BUlLDING (this "Agreement"), is dated for reference
purposes August 28, 2006, and is by and between the CITY OF MERIDIAN, an Idaho
municipality ("City"), and BCC RPI MERIDIAN LLC, a Washington limited liability company
("Owner") .
RECITALS
A. Owner is the owner of that certain real property legally described on Exhibit A
attachltd hereto and by this reference incorporated herein (the "Property") nn which is located a
Building.
B. The City desires to use a portion of the Bullding for the purpose of using the
northeast comer of the Building (four classrooms plus the adjacent open area known as the
cafeteria space and associated restroom facilities) for an intensive planning session (a
"chanette") relating to the Ten Mile lntert:bange. Owner is willing to allow the City to so use
the Building, on the terms and conditions set forth in. this Agreement_
NOW, THEREFORE, in consideration of their mutual promises set forth below. and
other good an.d valuable consideration. the receipt and adequacy of which are hereby
acknowledged by the parties, the parties hereby agree M follows:
AGREEMENT
1. Use by the Ci~. In consideration of the indemnity and other covenants given by
the City in this Agreement, the City shall be entitled to use the Building from 6:00 AM on
September 25, 2006, to 12;00 AM September 29 (the "'Dates of Possession"), The City
acknowledges that the :Building i, being provided to the City by Owner in an "AS IS - WHERE
IS" condition and that the Owner has not made any, and does make any, representations Or
warranties Rgarding the condition of the Building or its suitability for the City's proposed use.
2. CJean-\IO ~~. The City sball be responsible to maintain the areas used by
the City during the Dared. ('}fpossession and for all clean-up expenses related thereto.
3_ In.qemnity. The City shall indemnify, defend and hold Owner harmless, from and
against any and all claims, losses, costs, damages, liability and expet.Jses (including reasonable
attcuneys' foes) whatsoever that may arise out of or in connection with the City's use of the
Property during the Dates of Possession, regardless of its origin. The City does not waive ilS
subrogation rights in regards to third parties. The City shall return the facUity in the generally
the same condition the building was in at the time of the City's use, The City does not indemnify
any conditions that are usually the responsibility of the building owner including any negligent
condition of the building at the time of the City's use. The indemnities set forth herein &ball
survive the termination of this Agreement
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4. Insu@llcc. Throughout the Dates ofPo9session, the City shall maintain. at its sole cost
and expense, general liability insurAnce (oCCUlTence form), insuring the City against liability
arising out of the use, occupancy or maintenance of the Property by the City with Jimi ts of
$500,000 per occurrence and provide the Owner a certificate ofliability insurance verifYing such
coverage.
S. Entire AereetQeD.t: Modifications. The tenDS of this Agreement constitute the
entire agreement between the parties regarding the subject matter descnbed herein. No
modification to this Agreement shall be binding unless in writing and signed by the parties.
6. Severabilit'i. lfany provision of this Agreement shall be held illegal or invalid by
any court, this Aereement shall be construed and enforced as if such illegal or invalid provision
had not been contained herein and this Agreement shall be deemed an agreement of the parti.cs
hereto to the full extent permitted by Jaw. If any provision shall be de<:lared invalid or
unenforceable because of its breadth. scope Of duration, such provision shall be deemed modified
to the extent necessary to make it valid and enforceable and shall remain in full force and effect
as so modified, or if not $0 modifif:d, shall be severable from the rest of this Agreement
7. SUC~'Ots. Tbi.. Agreement is binding on and inures to the benefit of the panies
and their suc<::(:s$ot's and assigns.
8. Gpverning Law; Venue. This Agl'eement shall be governed by and construed in
accordance wilh the intemallawl> of the State of Idaho, without regard to its conflict of law rules.
Venue shan be in Ada eounty,ldaho.
9. Attornevs' Peer.. In me event of any dispute, action or proceeding arising QUI of,
relating to or otherwise affecting this Agreement. the substantially prevailing party shall he
reimbursed by the other party for all reasonable costs and expenses, including attorneys' fees,
incurred by the substantially prevailing party in oonnecrion therewith (whether suit or other
proceeding is commenced or not, and at trial, on appeal, in administrative proceedings Of in
banlauptcy. including without limitation proceedings in banJauptoy with respect to relief from
stay, allowance of a claim, confirmation of a plan of reorganization and sitnilar matters).
10. Further Assisl4l1ce. The parties shall execute such further documents and take
such other further actions as may reasonably neeessaxy to carry out the intent and provisions of
this Agreement.
t 1. CQ\1nt~~. This Agreem.ent may be exeeuted in two or more countetpartS,
each of which shall be deemed an original and all of whi.ch together shaH constitute the same
agreement, whether or not all parties execute each counterpart.
12. Fac.qimile Signatures. A facsimile signature shall be deemed an original
signature. After executing this Agreement on a copy sent via. fa.csixnile, eac.h party hereto shall
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execute an original of this Agreement, provided tbat eaoh party shall be bound by its obligations
and agree1l'lents set forth in this Agreement upon the earlier of (i) its executiotl. of the copy sent
via facsimile, and (ii) its execution of the origillal.
IN WITNESS WHEREOF, the parties have caused this Agreement to be ex.ecuted as of the
days and years opposite their signauues below-
CITY OF MERIDIAN
1lJ'1"'I'7v-.cd J'j e,i, ,,,.....,.~ Q-/2-P.l
Dated: ?I-It -16
Dated: c~--Ir-d 6 .
By:
Name: Michael K. McKernan
Its; M:lnllger
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EXHIBIT A
TO
UCENSE TO USE BtnLDlNG
LEGAL DESCRIPTION
A parcel of land lying in the Southeast quarter of Section 18, Township 3 North,
Range I East, Boise Meridian, Meridian, Ada County. Idaho, being Lot 1 and a
portion of Lot 2 of JABIL SUBDMSION, more particularly described as
follows:
Commencing at the South quarter comer of Section 18, Township 3 North, Range
1 East; thence North 00027'58" East, 1,325.41 feet along the center section line of
said Section ]8 to the CS 1116 comer, the Southwest corner of Lot 2 of Jabil
Subdivision, according to the official plat thereof. filed in Book 88 of .Plats at
Pages 10179 and 10180, records of Ada County, Idaho; thence along the
bo\lDdary of Lot 2 the following; thence continuing North 00"27'58" East, 939.34
feet along the West line of the Northwest quaxter of the Southeast quarter- to a
point of curvature; thence alon.g a curve to the left 66.01 feet, said curve having a
radius of 9$.00 teet, tangents of 34.40 feet. a central angle of 39"48'4) If, and a
long chord bearing South 64048'36" East, 64.69 feet to a point; thence North
87003'28" East, 100.00 feet to a point; thence North 89039'33" East, 758..00 feet to
the Northwest comer of LGt 1 of Jabil Subdivision, according to the official plat
thereof. filed in Book 88 of Plats at Pages 10179 and 10180, records of Ada
County. Idehrl. the REAL POINT OF BEGINNING of this description; thence
along the boundary of Lot 1 the following; thence North. 89039'33" East, 860.51
feet to a point ofCUtVllture; thence along a CUlVe to the right 37_04 feet. said CUNe
having a radius of 148.00 feet, tangl.'11ts of 18.62 feet, a central angle of
14020'27", and a long chord bearing South 83010'13" East. 36.95 feet to a point of
tangency; thence South 76"'00'00" East, 355.45 feet to a point of curvature; thence
along a curve to the left 54.79 feet, said cwve having a radillS of 212.00 feet,
tangents of 27.55 feet, a central angle of 14<>48'32'" and a long chord bearing
South 83024'16" East, 54.6'4 feet to a point of tangency; thence North 89Q11 '28"
East, 27.07 feet to a point on the centerline of the Hunter Lateral; thence along the
centerline of the Hunter Latem the following; thence South 23044'13" East,
. _105A7Je~tJoapoiAt; the~~eSouth 32~7(:i'U_~~t,_227,'9 re~tto~.pojn~; theI!ce.
South 3501.0'55" East, 277.80 feet to a. point; thence South 42026'19" East, 9,12
feet to a point leaving the centerline of the Hunter Lateral; thence South
00031'12" West, 82.42 feet to a point; thence South 05014'44" West, 257.09 feet
to a point on the North right-of-way of 1-84; thence along the North right.of-way
line of 1.84 the follOwing; thence Nonh 89<>32'33" West, 815_10 feet to a point;
thence South 84"33'33" West, 200.89 feet to a point; thence Nonh 89033'18"
West. 614.82 feet to a poiDt; thence leaving said boundary ofLQt 1 and following
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along the boundary of Lot 2 the following; thence continuing North 89"'33'18"
Wtit, 39.45 teet to a point; thence North 28043'02" West, 49.47 feet to a point;
thence' South 890,38'18" West, 64.79 f~t to a point.; thence North 00.00'00" East.
129.00 feet leaving boundary of Lot 2 to a point; thence North 90000'00" Ea~t,
94.71 feet to a point; thence North 56010'38" East, 40.0& feet to a point on the
boundary of Lot 1; thence North 00"'00'00" East along said bouuwry 765.09 feet
to the REAL POINT OF BEGJNN!N'G of this description.
E~cepting:
A parcelloC2ted in the Northeast quaner of the Southeast quartet of Section 18,
Township 3 North, Range 1 East, Boise Meridian, and being a part of Lot 1 in
Block 1 of JABIL SUBDIVISION, ae<.:orciing to the official plat thereof, filed in
Book 88 of Plats at Page 10,179, records of Ada County, Idaho, more- particularly
descnood as follows:
Commencing at a 5/8 inch diameter iron pin marking the Northeasterly comer of
said Northeast quarter of the Southeast quarter from which a brass cap m.onument
maricing the Southeasterly eomer of the Southeast quarter of said. Section 18 bears
South 0'30'32" West, a dUltance of 2,659.49 feet; thence South 0'30'32" West
alo!l$ tb.e Easterly boundary of said Northeast quarter of the Southeast quarter, a
distance of 519.92 feet to a. point; thence North 89'29'28" West, n distance of
410.54 feet to tbe POINT OF BEGINNING; thmlce South 23'45'13" Ea!;t, a
distance of 4.79 feet to a. point; thence a distance of 69.12 feet along the arc of a
332.00 foot radius non~tangent curve right, said curve having a radius bearing
North 0'00'53" East. a central angle of 11' 55'46" and a long chord hearing North
84'01 '14" West, a distance of 69.00 feet to a point; thence a distance 009.98 feet
along the arc of a 212.00 foot radius non-tangent ourve left, said curve having a
radius bearing North 9'59'12" East, a central angle of 10'48'21" and a long chord
bearing South 85'24'59" East, a distance of 39.92 feet to a point; thence North
89' 10'S] If East, a distance of 26.90 feet to the POINT OF BEGINNING.
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