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License Agreement IMT SnodgrassLICENSE AGREEMENT (Bienvllle 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 Mark Snodgrass, an individual ("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 1406 Leslie Way, Meridian, Ada County, Idaho 83646 ("Licensee's Property"). Licensee's Property is marked as "MS" 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. Licensee also desires to make aesthetic improvements to the portion of the Fence that faces and borders the Subject Property pursuant to the terms of this Agreement. AGREEMENT 1. GRANT OF LICENSE. IMT grants to Licensee a license to (a) occupy and use the Subject Property, and (b) apply and/or install a topical aesthetic improvement such as concrete stain, stucco or paint to the portion of the Fence that faces and borders the Subject Property (the "License"). Licensee is prohibited from taking any actions which would alter the structural integrity of the Fence. 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 shat{ 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 (jointly and severally if more than one) agrees to indemnify and hold lMT 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 and/or the Fence. 4. ADDITIONAL CONSIDERATION. As additional consideration for this Agreement, IMT agrees to pay Licensee Five Hundred Dollars ($500.00) upon execution of this Agreement. 5. 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 a!l prior understandings, agreements, representations and warranties, if any, with respect to such subject matter. IDAHO MUTU L TRUST, LLC .~-. ~ -- y: Sla r Its: Authorized Member Date: (~ /~~Q q MARK SNODGRAS !-l/j" a9 ate: EXHIBITA LEGAL DESCRIPTION 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&28in Black 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 Block 3 of Bienville Square Subdivision, according to the plat thereof filed in Book 102 of Piats at Page 13,495 thru 13,498, records of Ada County, Idaho. ~' t a: a. ~° . ~, 11 '~ ! r~ • w ~ ~~ W 0 r