License Agreement with ACHD East 1st StreetEast 1st Street
LICENSE AGREEMENT
THIS AGREEMENT, made and entered into this x/77, day of
Q G Tpg , 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 S E T H:
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 landscaping, 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 plan 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 sight distance
triangles, in accordance with City and State Codes, at all turning
intersections Licensee shall obtain necessary permits from Ada
County Highway District and other interested agencies prior to
any construction in the public right-of-way.
2. GRANT
Agreement
located in
as follows;
OF LICENSE:
is a parcel of
Meridian City.
The property to be included in this License
real property within the public right-of-way
Ada County, Idaho, more particularly described
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 lot Street between Franklin Road and Gem Avenue (Eight
Mile Lateral), Meridian, Idaho, said center median islands located
in the Northwest 34 of Section 18, Township 3 North, Range 1 East,
Boise Meridian, Ada County, Idaho.
Note: See attached exhibit for map location.
3. TERN OF LICENSE: This license shall commence on the Aj7-ij_ day
of OjT O �'k. 1990, and shall continue until terminated by
Licensor or its successors or assigns. Licensor may terminate this
LICENSE AGREEMENT - 1
r
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 • ADA COUNTY HI Y DISTRICT
By: By: A.
IChris SChwarzhoff, ire for Dwight ard, resident
da County Highway Distri Board of Commissioners
Glenn J. Rh es,'Vice President
Board of C issioners
}
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
DAY OF 19 90 .
ADOPTED t �Council of the City of Meridian, Idaho on this
Af�1 day of � , 19N.
AP OV D by the Mayor of the City of Meridian, Idaho on this
day of > ,,,,r 19jJ.
ATTEST: CITY OF MERIDIAN
City Cle-rk
LICENSE AGREEMENT - 3
STATE OF IDAHO, COUNTY OF ADA ) ss.
On this " day of &2G741642C, , 1990 , 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
offic W,sp,fl, the day and year in his certificate first above written.
e o ry Public for the State of ho
..
R iding at Boise, Idaho
Ely Coii-st. n Ex'ies:
STATE'•b,;::Tpt AO; ♦ COUNTY OF ADA ) ss.
On this/� day of e h te__� , 199a , before me, the under-
signed, a fiota y pub i in an for t of Idaho, personally
appeared
car
N S f, <j and Q� State �1 p -A *ad 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
official seal, the day and year in this agreement first/above written.
eeeeeenn�f®�
My Cp sxi. n E�Ur`tes:
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LICENSE AGREEMENT - 4
L,
Notary Pu lic for the State of Idaho
Resid ng at 22kzi�%'Q� Idaho
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