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Agreement and Consent to Land Exchange with Cherry Lane RecreationDEC -20-00 WED 04:46 PM FAX N0, P. 06 AGREEMENT AND CONSENT TO LAND EXCHANGE THIS AGREEMENT AND CONNT TO LAND EXCHANGE is made and entered into this �� day of - 200$, by and among STEINER DEVELOPMENT, LLC, an Idaho limited liability company (hereinafter referred to as "Steiner Development"), CHERRY LANE RECREATION, INC., an Idaho corporation (hereinafter referred to as "Cherry Lane Recreation") and THE CITY OF MERIDIAN, IDAHO, a municipal corporation organized and existing under the laws of the State of Idaho (hereinafter referred to as "City"). WHEREAS, Steiner Development and City have entered into that certain Land Exchange Agreement dated October 3, 2000 wherein Steiner Development and City have each agreed to convey to the other certain real property owned by each of them; and WHEREAS, the said Land Exchange Agreement requires as a condition to the closing thereof that the City receive consent to the exchange by Cherry Lane Recreation, the City's tenant on the City owned portion of the property subject to the contemplated land exchange; and WHEREAS, Cherry Lane Recreation has agreed to grant its consent to the contemplated land exchange, subject to the terms and conditions hereinafter set forth; and WHEREAS, City, Steiner Development and Cherry Lane Recreation desire to memorialize their agreement with respect to the granting of such consent. NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the parties hereby agree as follows: 1. Consent to Exchange. Cherry Lane Recreation hereby grants its consent to the land exchange described in and contemplated by that certain Land Exchange Agreement dated October 3, 2000 entered into between Steiner Development and the City. 2. Consideration for Con_s�n . In consideration for the consent granted herein by Cherry Lane Recreation, Steiner Development shall, within thirty (30) days after the closing the exchange contemplated by the said Land Exchange Agreement, deliver to City at a location within the city limits of the City of Meridian to be designated by the City, 150 feet of 48 inch diameter concrete pipe meeting the applicable specifications of the Nampa and Meridian. Irrigation District to be used by the City to bury the eight -mile lateral in the vicinity of the Cherry Lane Golf Course Clubhouse, the precise location of which shall be agreed upon between Cherry Lane Recreation and the City. AGREEMENT AND CONSENT TO LAND EXCHANGE, Page i DEC -20-00 WED 04:46 PM FAX N0. P. 07 3. Conditions. Steiner Development's obligation to deliver the hereinabove described concrete pipe to the City shall be and is hereby contingent upon the closing of the said Land Exchange Agreement as contemplated therein, such that Steiner Development shall not be obligated to deliver the said concrete pipe unless and until the said Land Exchange Agreement shall close according to its terms. 4. Charitable Contribution. City and Steiner Development agree and acknowledge that Steiner Development's delivery to City of the said 150 feet of 48 inch concrete pipe as provided for herein is intended to be a charitable contribution for which Steiner Development may claim a deduction under applicable tax law. City agrees to cooperate with Steiner Development and execute any documents which may reasonably be required for Steiner Development to claim such a deduction. 5. Governing Law, This Agreement shall be construed, interpreted and applied, and the rights and obligations hereunder determined in accordance with the laws of the State of Idaho. 6. Amendments. This Agreement may not be amended, modified or changed in any way, except by written document signed by all of the parties hereto_ 7. Further Assurances. Each of the parties hereto agrees to execute any other documents necessary or appropriate to effect the intent of the parties as expressed in this Agreement. 8. Successors in lterest. This Agreement shall be binding upon the successors and assigns of the parties hereto. 9. Entire. Agreement. This Agreement supercedes all prior agreements among the parties hereto bearing upon the same subject (excepting the hereinabove described Land Exchange Agreement), whether in writing or otherwise, and any such prior agreement shall have no force or effect upon and after the date of execution of this Agreement. This Agreement contains the entire agreement of the parties, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein, shall be of any force or effect. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date set forth above. STEINER DEVELOPMENT, LLC B ouis J. Stei er, Wriaging Member AGREEMENT AND CONSENT TO LAND EXCHANGE, Page 2 DEC -20-00 WED 04,47 PM FAX NO. P. 08 CHERRY LANE RECREATION, INC. CITY OF -DIA By ` obe D. Corrie, Mayor ATTEST: •����`k�t,klttlllit•f'1'1/7Jl/ ;OF illiam G. Berg, City CI I L _ ri 4n, G AGREEMENT AND CONSENT TO LAND EXCHANGE, Page 3