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HomeMy WebLinkAboutEndurance Holdings, LLC Termination Agreement Historic Double Silo Barn MUTUAL TERMINATION AGREEMENT TO THE AGREEMENT FOR DISASSEMBLY,TRANSPORT,AND OWNERSHIP OF HISTORIC DOUBLE-SILO BARN COMPONENTS This MUTUAL TERMINATION AGREEMENT to the Agreement For Disassembly, Transport, And Ownership Of Historic Double-Silo Barn Components ("Agreement")is made effective this20th day of May , 2025 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Endurance Holdings LLC, a limited liability company organized under the laws of the State of Idaho ("Developer"). City and Developer may be collectively referred to as "Parties." WHEREAS, Developer owns property located at 820 S. Black Cat Road, in Meridian, Ada County parcel no. S 1215325450 ("Property"), a 27-acre parcel that was formerly the site of Black Cat Farm, which included an historically significant double-silo barn structure, built in approximately 1917, as generally depicted in Exhibit A ("Barn"), which Barn was also owned by Developer; WHEREAS,Developer agreed to disassemble the Barn; and to label, package,and move its components, including the beams,trusses, framing, chutes, steel bands, and bricks ("Components") to the Meridian Parks and Recreation Department's maintenance facility, located at 1700 E. Lanark Street, Meridian, Idaho, and to place them in an area in the outdoor yard of the maintenance facility to be identified by the Park Superintendent ("Facility"); WHEREAS,with this condition, on May 7, 2024, Meridian City Council approved application no. H-2023-0045 for the annexation of the Property into Meridian; WHEREAS,the City received an inquiry from Victory Greens who desires to obtain the Barn, and the City desires Victory Greens to take ownership of the Barn; and WHEREAS,in taking ownership of the Barn, Victory Greens has agreed to re-assemble and display the Barn on their property at either their Victory Greens location or their Victory Garden location within the City of Meridian; and WHEREAS,this future display will be in furtherance of the City's interest in preserving the Barn structure for historical purposes and value as contemplated by the original Development Agreement related to application no. H-2023-0045 as referenced above and incorporated herein by reference; and WHEREAS,the City and Developer agree to mutually terminate the original agreement and revert ownership of the Barn to Developer to allow Victory Greens to directly take ownership of the Barn. NOW,THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties hereby agree as follows: TERMINATION AGREEMENT FOR HISTORIC DOUBLE-SILO BARN PAGE 1 OF 2 1. The Parties agree to mutually terminate the Agreement,specifically the responsibilities listed under Sections I and II of the Agreement. 2. Ownership of the Barn shall revert back to the Developer, and Developer shall have no responsibility to convey a lot to the City.The City shall have no responsibility,liability, or obligations to the Barn. 3. Miscellaneous. This Termination Amendment may be executed in one or more counterparts, each of which shall constitute an original and all of which shall be one and the same 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. The validity, interpretation,performance and enforcement of this Agreement shall be governed by the laws of the State of Idaho, including, without limitation,Article VIII, Section 3,of the Idaho Constitution. Venue shall be in the courts of Ada County, Idaho. IN WITNESS WHEREOF,the undersigned have caused this Agreement to be executed the day and year first written above. DEVELOPER: Endurance Holdings LLC By: Corey BartH�o;Illmgs . em Endurance LLC CITY: City of Meridian ATTEST: Luke Cavener, Council President 5-20-2025 Chris Johnson, City Clerk 5-20-2025 TERMINATION AGREEMENT FOR HISTORIC DOUBLE-SILO BARN PAGE 2 OF 2