License and Maintenance Agreement with Lakeview Meridian Golf Course for Ashford GreensLICENSE AND MAINTENANCE AGREEMENT
THIS AGREEMENT made and entered into this IA day of September, 2011, by
and between the City of Meridian, an Idaho Municipal Corporation, hereinafter called
"City", Lakeview Meridian Golf Course, hereinafter called "Lakeview", and the
Ashford Greens Owners Association, Inc, hereinafter called "Ashford Greens".
WHEREAS, City, Lakeview, and Ashford Greens desire to cooperate to improve the
beauty of the landscaping at a certain location near the Lakeview Golf Course for the
residents of Meridian and the Ashford Greens homeowners.
WHEREAS, City owns, and Lakeview leases from City, a parcel of property located on
Dawson Drive in Meridian behind the maintenance facility at the Lakeview Golf Course
(hereinafter, the "Licensed Premises") which is not currently irrigated or maintained as
part of the Golf Course.
WHEREAS, City desires to provide irrigation infrastructure and green -up at the
Licensed Premises. Ashford Greens desires to provide annual irrigation and periodic
maintenance of the landscaping at the Licensed Premises to provide beautification for the
benefit of the Ashford Greens neighborhood, the patrons of Lakeview Golf Course, and
the greater Meridian community.
WHEREAS, City and Lakeview are willing, upon certain terms and conditions, to
provide use of the Licensed Premises to Ashford Greens for the purposes stated herein for
a period of time defined within this Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
1. GRANT OF LICENSE
For and in consideration of promises contained herein, and other good and
valuable consideration, City and Lakeview hereby give and grant to Ashford
Greens the exclusive right, privilege and license to use certain real property,
located on W. Dawson Drive, Meridian, Idaho, and identified as a portion of Ada
County parcel S1203314900, referred to herein as the "Subject Parcel" and
depicted on Exhibit "A" attached hereto and incorporated herein by this reference.
2. TERM OF AGREEMENT
The license granted under this Agreement shall be for a term of thirty (30) years
commencing on the date of execution of this agreement. The license term may be
extended by mutual written agreement of the parties.
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3. USE OF LICENSED PREMISES
Ashford Greens' use of the licensed premises shall be for the purpose of
maintaining irrigation infrastructure and landscaping. The approved landscaping
shall be limited to turf grass only.
4. INSTALLATION AND MAINTENANCE RESPONSIBILITIES
City, at its sole cost and expense, agrees to install underground sprinkler irrigation
including timing clock and controls, to be connected to Ashford Greens' water
source. Installed equipment shall be of high quality with a reasonable expected
service life. City, at its sole cost and expense, shall also provide grading, soil
improvements, and sod prior to turning over maintenance responsibilities to
Ashford Greens. Ashford Greens shall maintain the irrigation system and
landscaping at its sole cost and expense during the term of this agreement.
Maintenance shall include irrigating, mowing, fertilizing, weed control, and insect
control to the standard of other City -maintained properties. In the event that any
part of the irrigation system or landscaping requires repair or replacement during
the term of this agreement due to wear and tear, vandalism, or disruption caused
by work performed by Nampa Meridian Irrigation District in their right of way,
the cost of repair shall be the responsibility of Ashford Greens. Ashford Greens
also agrees to pay all costs associated with delivery of the irrigation water,
including but not limited to electricity and ditch fees or assessments.
5. INDEMNIFICATION
Ashford Greens hereby agrees to indemnify and hold City harmless from any loss,
liability, claim or action from damages or injuries to persons or property in any
way arising out of or resulting from the maintenance of the licensed premises by
Ashford Greens, its agents, or employees as described in Section 4. If any claim,
suit or action is filed against City for any loss or claim described in this paragraph,
Ashford Greens shall defend City and assume all costs, including attorney's fees,
associated with the defense or resolution thereof, however City shall not be
relieved hereby from liability for its own negligent or willful act or omission or
that of its employees.
TERMINATION
If Ashford Greens is in breach or default of any terms, covenants, or conditions of
this Agreement and fails or refuses to cure such breach or default within thirty
(30) days of written notice thereof, this Agreement, and all rights of Ashford
Greens conferred by this Agreement, at City's option, may be deemed terminated
and forfeited without further notice or demand.
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Ashford Greens may voluntarily terminate this agreement by providing ninety
(90) day written notice to City.
8. ASSIGNMENT OR TRANSFER
Ashford Greens shall not assign, sublet or transfer the licensed premises, or any
portion thereof, or cause or suffer any alterations thereto, other than as specified
in this Agreement, without the express written consent of City.
A. All notices to be given with respect to this Agreement shall be in writing
addressed as follows:
To Ashford Greens: Ashford Greens Owners Association, Inc.
7231 W Franklin
Boise, ID 83709
To City: City of Meridian
Director, Parks and Recreation Dept.
33 East Broadway Avenue
Meridian, ID 83642
With a copy to: City Clerk
City of Meridian
33 East Broadway Avenue
Meridian, ID 83642
B. Notice shall be either delivered or sent by certified mail, postage prepaid,
return receipt requested to the party to be notified at the address specified
above, or such other address as either party may designate in writing. Every
notice shall be deemed to have been given at the time it is deposited in the
United States mail, or upon delivery to the party above specified, or their
agent or legal representative.
10. CONDITION OF LICENSED PREMISES
After City has installed the irrigation and landscaping, Ashford Greens shall
inspect the licensed premises and shall be deemed to have accepted the licensed
premises as being in good and satisfactory order, condition, and repair unless
Ashford Greens timely objects to the condition in writing, using the notice
provisions of this agreement. Ashford Greens agrees that upon termination of this
Agreement, Ashford Greens shall surrender the licensed premises to City in the
same good condition as received, reasonable wear and tear exempted.
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11. APPROVAL BY CITY COUNCIL REQUIRED
This Agreement shall not be effective for any purpose whatsoever until it is
approved by the resolution of the City Council and executed by the Mayor.
IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and
year first above written.
ASHFORD GREENS OWNERS ASSOCIATION, INC.
By:
John Goade, President
LAKEVIEW MERIDIAN INVESTORS, LLC
CITY OF MERIDIAN
By:
Tamm de eerd, Mayor,
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Attest:
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