HomeMy WebLinkAboutJoint School District No. 2 Fire Safety Center Asset Transfer Agreement FIRE SAFETY CENTER ASSET TRANSFER AGREEMENT
This ASSET TRANSFER AGREEMENT("Agreement") is made on this /dayof
I ;:IA39�025 ("Effective Date"), by and between the City of Meridian, a municipal
corporation established under the laws of the State of Idaho, whose mailing address is 33 E.
Broadway Avenue, Meridian, Idaho 83642 (the "City") and the Joint School District No. 2
whose mailing address is 1303 East Central Drive,Meridian, ID 83642 (the "School District").
The City and the School District may be referred to herein individually as a"Party"or
collectively as the "Parties."
WHEREAS-,-the -City andthe Schoo- istrict entered a lawn Tease permitting the City to
place a structure on School District Property located at 1901 E Leigh Field Dr., Meridian, Idaho
83646, (the"Lease Agreement" attached hereto as Exhibit A)more particularly described in
Exhibit A to the Lease Agreement (the "Property").
WHEREAS, the City placed on the property a structure, which is approximately 1000
square foot two bedroom, two bathroom single story modular home with a living room and
kitchen tie ire Safety enter in accordance with the terms of the Lease Agreement.
WHEREAS, the Lease Agreement has expired, and the City and the School District wish
to transfer ownership of the Fire Safety Center located on the Property from the City to the
School District.
NOW,THEREFORE,based on the recitals above, which are incorporated herein, and
other good and valuable consideration, the Parties agree as follows:
1. Transfer of Assets. The City agrees to transfer ownership of the Fire Safety Center,
including the building and all fixtures and contents, to the School District. The City
makes no warranty or representation about the condition of the Fire Safety Center, its
suitability for School District Purposes, or compliance with any legal requirements,
occupancy standards, permitting, or inspections.
2. Waiver of Claims. The School District agrees to accept the Fire Safety Center in an
"as is"condition and shall waive all claims related to the Fire Safety Center against
the City, its officials, employees, contractors, or volunteers.
3. Limitations. Nothing in this Agreement shall be construed as limiting or expanding
the statutory or regulatory responsibilities of either Party in performing functions
granted to their by law. Each and every provision of this Agreement is subject to the
laws and regulations of the State of Idaho and its political subdivisions, and to the
laws and regulations of the United States.
4. Apportionment of liability. Both Parties participate in the comprehensive liability
plan provided through ICRMP. If a claim or damage arises from more than one
Party's performance of the Agreement or is not allocable to any Party, each Party
shall bear their own costs arising from the claim or damage. If a property claim or
FIRE SAFETY CENTER ASSET TRANSFER AGREEMENT PAGE 1 OF 4
damage is not covered by the Party's self-insurance or other property coverage, the
responsible Party shall pay the costs arising from such claim or damage to the extent
fiords are legally available therefore. Nothing in this Agreement shall extend the tort
responsibility or liability of either Party beyond that required by the Idaho Tort
Claims Act, Idaho Code section 6-901 et seq.
5. Notices. Whenever any notice, approval, consent, or request is given or made
pursuant to this Agreement, it shall be deemed communicated upon mailing by
United States Mail, addressed as follows:
If to the School District: If to Meridian:
Superintendent City Clerk, City of Meridian
Joint School District No. 2 33 E. Broadway Avenue
1303 East Central Drive Meridian ID 83642
Meridian, ID 83642 cityclerk@meridiancity.org
Either Party may change its address for the purpose of this section by delivering to
the other Party written notification of such change, establishing a new address for
noticing purposes, in accordance with the requirements of this section.
6. Assignment.No Party shall be permitted to assign this Agreement without the
express,written consent of the other Parties. This Agreement shall be binding upon
and shall inure to the benefit of the respective heirs,personal representatives,
successors, and assigns of the Parties.
7. No agency. The Parties expressly acknowledge and agree that the Parties, including
their respective employees, agents, contractors, officials, and officers, are not agents
of the other Party in any mamier or for any purpose. One Party under this Agreement
shall have no authority to enter into contracts or agreements on behalf of the other
Party. All contracts or agreements shall be entered on behalf of the executing Parry
or executed jointly by both Parties.
8. Non-waiver. Failure to promptly enforce the strict performance of any teen of this
Agreement shall not constitute a waiver or relinquishment of any Parry's right to
thereafter enforce such term, and any right or remedy hereunder may be asserted at
any time a Party becomes entitled to the benefit thereof, notwithstanding delay in
enforcement.
9. Force majeure. No Party will be liable for failure to perform any duty under this
Agreement where such failure is due to unforeseeable causes beyond the Parties'
control and without the fault or negligence of the Parties, including,but not restricted
to, acts of God or the public enemy, fire, flood, epidemics, quarantine, strikes or other
natural disasters. No Party shall be liable for any failure to perform resulting from
any order of any court or state or federal agency.
FIRE SAFETY CENTER ASSET TRANSFER AGREEMENT PAGE 2 OF 4
10. Miscellaneous. This Agreement shall be governed, construed, and enforced in
accordance with the laws of the State of Idaho. Venue shall be Ada County, Idaho.
Time is of the essence with regard to the performance of all of the Parties' obligations
under this Agreement. All exhibits to this Agreement are incorporated by reference
and made a part hereof as if the exhibits were set forth in their entirety in this
Agreement. This Agreement contains the entire agreement of the Parties and
supersedes any and all other agreements or understandings, oral or written, whether
previous to the execution hereof or contemporaneous herewith. This Agreement may
only be amended via a writing signed by the Parties hereto.
IN WITNESS WHEREOF, the Parties have hereunto subscribed their signatures the
day and year first herein above written.
CITY OF MERIDIAN:
By:
Robert E. Simison, Mayor 10-14-2025
Attest:
City Clerk Chris Johnson 10-14-2025
i
JOINT SC7:X4
DISTRIC NO. 2:
1
By:
Name, Title
FIRE SAFETY CENTER ASSET TRANSFER AGREEMENT PAGE 3 OF 4