HomeMy WebLinkAboutLicense Agreement IMT TomczakLICENSE AGREEMENT
(Blenville Square)
This License Agreement {"Agreement") is effective the 18`" day of February, 2010, between
Idaho Mutual Trust, LLC, a Delaware limited liability company ("IMT") and Ray and Kathy Tomczak, a
married couple ("Licensee") (Licensee is referred to in the singular for simplicity regardless of the
number of licensees).
In consideration 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 Blenville Square Subdivision, located in
Meridian, Ada County, Idaho (tlie "Subdivision"}. The Subdivision is more particularly described on
attached Exhibit A and is marked as "Blenville Square Subdivision" on the drawing attached hereto as
Exhibit B.
B. Licensee owns the real property commonly known as 1502 Leslie Way, Meridian, Ada County,
Idaho 83646 (`•`Licensee's Property"). Licensee's Property is marked as "RT" 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 appr•oxima#ely four feet {4') inside the boundary of
the Subdivision. The four foot gap behveen the Fence and Licensee's Ptnperry {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 Iegal boundary for the
Subdivision.
E. Licensee desires to have the use of the Subject Property pursuant to the terms of this Agreement.
AGREEMENT
I. 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 all
acceptable manner and relinquishes all objections, if any, relating to the installation of the Fence.
Additionally, during the term of this License, Licensee covenants to maintain the Subject Property so that
it is not deemed a nuisance by any governmental agency.
2, TERM OF LICENSE. The License shall remain effective and inure to the benefit of Licensee's
heirs and assigns rmless the Fence is demolished. 1n 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 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 and/or the Fence.
4. ADDITIONAL CONSIDERATION. As additional consideration for this Agreement, IMT
shall pay Licensee Three Thousand Four Hundred Sixty Three Dollars and Sixty Two Cents ($3,463.62)
upon execution ofthis Agreement.
5. ENTIRE AGREEMENT, This Agreement contains the entire agreement between the parties to
this Agreement with respect to the subject matter of this Agreement and supersedes all prior
understandings, agreements, representations and warranties, if any, with respect to such subject matter.
IDAHO MUTUAL TRUST, LLC
y: Ben Sla
Its: Authorized ember
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RAY TOMCZAK ~ p~oZ• f~
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KATHY TOMCZAK
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EXHIBIT A
LEGAL DESCRIPTION
Lots 1, 2, 3, 4, 5, 6, 7,8,9,10,11,12,13,14,15,16,17,18,19,20,21,22,23,24,25,26,27&2$in
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 Block 3 of Bienville Square Subdivision, according to the
plat thereof filed in Book 102 of Plats at Page 13,495 thru 13,498, records of Ada County, Idaho.
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