Agreement and Consent to Land ExchangeDEC -20-00 WED 04:46 PM FAX NO, P. 06
AGREEMENT AND CONSENT TO LAND EXCHANGE
THIS AGREEMENT AND CON NT TO LAND EXCHANGE is made and
entered into this day of 2000, 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. Con ideration for Consgri . In consideration for the consent granted
herein by Cherry Lane Recreation, Steiner Development shall, within thirty (30) days
after the closing the exchange corltempiated 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 EXGHANGE, 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, Goveminaw. 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. Eurther 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 Int rest. 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, Waging Member
AGREEMENT AND CONSENT TO LAND EXCHANGE, Page s
DEC -20-00 WED 04:47 PM FAX N0+ P. 08
CHERRY LANE RECREATION, INC.
B cl i(a & I L - LO � GU ---t
el
CITY OF MERIDIAN
B
Y
-RobeD. Corrie, Mayor
ATTEST: Al jO"Ke 1d 6�1 eo4c nez-,6
AGREEMENT AND CONSENT TO LAND EXCHANGE, page 3