HomeMy WebLinkAboutLicense Agreement IMT HelmsLICENSE AGREEMENT
(Bienville Square)
This License Agreement ("Agreement") is effective this 6~ day of November, 2009, between
Idaho Mutual Trust, LLC, a Delaware limited liability company ("IMT") and Linda Morris and Janine
Helms, individuals ("Licensee"} (Licensee is referred to in the singular for simplicity regardless of the
number of licensees}.
Inconsideration of the mutual promises contained in this Agreement, the Parties agree that the
following Recitals are correct and that the terms of this Agreement are binding:
RECITALS
A. IMT owns the real property commonly known as the Bienville Square Subdivision, located in
Meridian, Ada County, Idaho (the "Subdivision"). The Subdivision is more particularly described on
attached Exhibit A and is marked as "Bienville Square Subdivision" on the drawing attached hereto as
Exhibit B.
B. Licensee owns the real property commonly known as 1374 Leslie Way, Meridian, Ada County,
Idaho 83646 ("Licensee's Property"). Licensee's Property is marked as "L & H" on Exhibit B.
C. A cinder block fence runs along the Westerly boundary of the Subdivision in the approximate
location depicted on Exhibit B {the "Fence"). The Fence is not located directly on the boundary between
the Subdivision and Licensee's Property. It is located approximately four feet (4') inside the boundary of
the Subdivision. The four foot gap between the Fence and Licensee's Property {the "Subject Property")
is the subject of this Agreement.
D. The Fence was erected to provide a barrier between the Subdivision and the neighboring
community where Licensee's Property is located. The Fence does not reflect the legal boundary for the
Subdivision.
E. Licensee desires to have the use of the Subject Property pursuant to the terms of this Agreement.
AGREEMENT
1. GRANT OF LICENSE. IMT grants to Licensee a license to occupy and use the Subject
Property, pursuant to the terms and conditions of this Agreement (the "License"). As consideration for
the granting of the License, Licensee agrees and acknowledges that the Fence has been constructed in an
acceptable manner and relinquishes all objections, if any, relating to the installation of the Fence.
2. TERM OF LICENSE. The License shall remain effective and inure to the benefit of Licensee's
heirs and assigns unless the Fence is demolished. In the event the Fence is demolished, the License shall
terminate.
3. INDEMNIFICATION. Licensee Qointly and severally if more than one) agrees to indemnify
and hold IMT harmless from any claims, damages, liabilities, costs or expenses relating to Licensee's, or
Licensee's guests, agents or invitees, use of the Subject Property.
4. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties to
this Agreement with respect to the subject matter of this Agreement and supersedes all prior
understandings, agreements, representations and warranties, if any, with respect to such subject matter.
IDAHO MUTUAL TRUS LC
y: Ben Slay to
Its: Authorized Member
Date:
Linda Morris
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Janine Helms
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EXHIBIT A
LEGAL DESCRIPTION
Lots 1,2,3,4,5,6,7, 8, 9, 10, 11, 12, i3, 14, 15, 16, 17, 18,19,20,21,22,23,24,25,26,27&28in
Block 1, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9,10,11,12, 13,14,15, 16,17,18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28,
29, 30, 31, 32, 33, 34 & 35, Block 2 and Lot 1 in 81ock 3 of Bienville Square Subdivision, according to the
plat #hereof filed in Book 102 of Plats at Page 13,495 thru 13,498, records of Ada County, Idaho.
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