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Home My WebLink About1990 Ada County Highway District Maintain Median Islands r r East 1st Street LICENSE AGREEMENT THIS AGREEMENT, made and entered into this y Tl, day of r-7-0 , 1990, between The ADA COUNTY HIGHWAY DISTRICT, a Body Politic and Corporate of the State of Idaho, acting by and through its Board of Commissioners, hereinafter collectively referred to as "LICENSOR", and The CITY OF MERIDIAN, a Muncipal Corporation, whose address is 33 East Idaho Street, Meridian, Idaho 83642, hereinafter referred to as "LICENSEE". W I T N E S SETH: For and in consideration of the terms and conditions hereinafter contained, and the covenants to be kept, it is hereby agreed as follows : 1. NATURE OF LICENSE: Pursuant to the terms, conditions and limitations of the agreement herein contained, Licensor hereby grants to the Licensee, a license to encroach upon a portion of the public right-of-way in Ada County, for the following specific use(s) : To use and maintain the existing three (3) center median islands in East 1st Street for landsca in , said landscaping to include placement of trees, sprinkler system and sod in association with Meridian Centennial Bureau's Lasting Legacy Project. Licensee agrees to remove and dispose of existing asphalt, base materials and provide materials required for landscaping as set forth in proposed landscaping lan at no cost or expense to Licensor. Licensee agrees to maintain landscaped center median islands and to be responsible for any damage to landscaping caused by vehicles and/or vandalism subsequent to construction. Landscaping will be placed in such a manner as to provide for si ht distance triangles, in accordance with City and State Codes, at all turnip intersections Licensee shall obtain necessary permits from Ada County Highway District and other interested agencies prior to any construction in the 2ublic ri ht-of-wa . 2. GRANT OF LICENSE: The property to be included in this License Agreement is a parcel of real property within the public right-of--way located in Meridian City, Ada County, Idaho, more particularly described as follows: Parcels of public right-of-way, more commonly known as three (3) 12-foot wide center median islands situated within the right-of- way of East 1st Street between Franklin Road and Gem Avenue (Eight Mile Lateral), Meridian, Idaho, said center median islands located in the Northwest % of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. Note: See attached exhibit for map location. 3. TERM OF LICENSE: This license shall commence on the T- day of p cl-V , 1990, and shall continue until terminated by Licensor or its successors or assigns. Licensor may terminate this LICENSE AGREEMENT - I license at any time, with or without cause, upon giving Licensee or its successors or assigns THIRTY (30) DAYS written notice of termination of this license. 4. OWNERSHIP: Licensee acknowledges that the real property which is described in paragraph 2, "Grant of License", hereinabove set out is a public right-of-way and Licensee waives any claim to ownership of said right-of-way whether in fee , adverse possession or any other right , title or interest therein, other than established pursuant to the terms of this License Agreement. 5. TAXES AND ASSESSMENTS: Licensee herein agrees to pay all special assessments and personal property taxes that may be imposed against said property during the term of this License Agreement . 6. FIXTURES AND IMPROVEMENTS: Pursuant to the terms of this License Agreement, Licensee may erect those improvements and/or place those fixtures upon said right-of-way as set out in paragraph 1, "Nature of License. " It is agreed that upon the termination of this License Agreement, Licensee shall promptly remove all improvements and/or fixtures placed in said right-of-way by Licensee herein at no cost or expense to Licensor. Licensee herein agrees at the termination of this License Agreement, to return all premises as nearly as practical to the condition that said premises were in prior to any use thereby by Licensee. Should Licensee fail to promptly remove any improvements and/or fixtures upon said right-of-way at the termination of this license herein, and the Licensor desires to have said improvements and/or fixtures removed, the Licensor may remove said improvements and/or fixtures and assess Licensee for the costs of removal of same. Licensee shall also be liable for all costs incurred by Licensor to cause the property to be returned to the same condition it was prior to the grant of this license. It is furhter agreed that should Licensee not remove said improvements and/or fixtures located in the public right-of-way at the termination of this License Agreement , that Licensee hereby disclaims any interest or title to said improvements or fixtures left on said property after the expiration of the term of this License Agreement, and all improvements and/or fixtures left on said property after the termination of this License Agreement shall pass to the Licensor at no cost to Licensor. 7. ASSIGNMENT: It is expressly agreed and understood by and between the parties hereto, that Licensee shall not have the right to assign, transfer, hypothecate or sell any of its rights under this License Agreement except upon the prior express written consent of the Licensor. 8. HOLD HARMLESS AND INDEMNIFICATION: Licensee will, at all times , indemnify and hold harmless Licensor, its agents, successors and assigns , against all actions, claims, demands , liabilities, damages , debts, bodily injury and property damage, including all expenses, costs and LICENSE AGREEMENT - 2 attorney fees which may in any manner be imposed or incurred by Licensor as a consequent of, or arising out of, the acts, direct or indirect , defaults or omissions, on the part of Licensee, or any of its officers, agents or servants, arising out of or in connection with the hereinabove described property and/or license granted herein, or any other liability or damages to which Licensor may be subjected as a result or consequence of granting this license, which is the subject of this license agreement. 9. ATTORNEY FEES: It is agreed by and between the parties hereto, that in the event suite is instituted for the purpose of enforcing any and all of the provisions of this License Agreement , the defaulting party shall pay attorney fees therein as are adjudged reasonable by the Court. 10. HEIRS AND ASSIGNS: The covenants and conditions of this License Agreement shall extend to and bind the heirs , executors, assigns and successors of the respective parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this License Agreement on the day and year first above written. ATTES i ADA COUNTY HI Y DISTRICT i` �1�ham- By: By: Chris Schwarzhoff, ire for Dwight ard, resident da County Highway Distri Board of Commissioners L Glenn J. Rh es, 'Vice President Board of Cc6missioners By: , Arles L. Winder, Secretary Board of Commissioners APPROVED BY THE COMMISSIONERS OF THE ADA COUNTY HIGHWAY DISTRICT IN THE MINUTES OF THE PUBLIC MEETING OF SAID COMMISSIONERS HELD ON THE VtA-� DAY OF 19-?D . ADOPTED t e Council of the City of Meridian, Idaho on this day of AP�OVD by the Mayor of the City of Meridian, Idaho on this day of �,� 19 ATTEST: CITY OF MERIDIAN B By: , City Cle-rk LICENSE AGREEMENT - 3 STATE OF IDAHO, COUNTY OF ADA On this " day of LVCTO EIQ , 19'lO , before me, a notary public in and for the State of Idaho, personally appeared DWIGHT V. BOARD, GLENN J. RHODES and CHARLES L. WINDER, known to me to be the Commissioners of the Ada County Highway District, and that they as such Commissioners, being duly authorized to do so, executed the foregoing instrument for the purposes therein set forth, by signing the name of Ada County Highway District by them as such Commissioners. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my officia,l„sr- rI, the day and year in his certificate first above written. 3 - , ru e ��• ti ` ' " No ry Public for the State of ho R iding at Boise, Idaho Comdf is)�n' Expires: STATE-OF,JP4I10;,COUNTY OF ADA } ss. On this day of � rJ� 19.9c1 , before me, the under- signed, a ota y ub i in anq for tt State,Iof Idaho, personally appeared off " r�S a and J aG1c (l�i o-Pi t known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, a Municipal Corporation, the corporation that executed the foregoing agreement , for the use and purpose therein mentioned, and that said corporation authorized the execution of said agreement and that the seal affixed is the corporate seal of the said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my . t€icial seal, the day and year in this agreement first /above written. . `��►11111f►1j�I (SEAL" - �� ®"T A Notary Pu lic for the State of Idaho Residing at }_7`f�r�i�,'q� Idaho My C4 Is�ipn E�pXi D/ o fU LICENSE AGREEMENT - 4 4 yr 1 I".l• .T7:J"s�T'aJ' �__-"!S = Q Jr l!- n _ �- J7 r: .S r -• . . .��lf i. r. ME •l 0 Y J 9e C . j Y-f a ' �i.✓rr y a� p A C1a 79r 7 z ,j..• L� i n• li � �: wo V•: n 2 S .•I I I I I