Maverik Billboard Removal SuretyADA COUNTY RECORDER Christopher D. Rich 2017-086705
BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 09/14/2017 04:19 PM
CITY OF MERIDIAN, IDAHO NO FEE
SURETY AGREEMENT
City of Meridian
SURETY AGREEMENT FOR SILLBOARD REMOVAL
Maverik Incorporated
�T IS SURETY AGREEMENT (this Surety Agreement) is made and entered into this 1 1 day of
, 2017 by and between the CITY OF MERIDIAN, a Municipal Corporation, hereinafter
referred to as "City", and MAVERIK, INC., a Utah corporation, hereinafter referred to as "Developer."
WITNESSETH:
WHEREAS, Developer received approval from the City on June 21, 2016 for the annexation and zoning
of 3.877 acres of real property ("Development Site") located at the SW corner of E. Fairview Ave and N.
Locust Grove Road in the City of Meridian and more particularly described on Exhibit A attached hereto
and incorporated herein by this reference; and
WHEREAS, the Development Site currently has four billboard signs that were previously approved by
Ada County. The billboards would otherwise be prohibited under City's ordinance and would need to be
removed within 60 days of annexation Into the City; and
WHEREAS, Developer has received approval from the City Council to allow three of the existing
billboards to remain on the site under certain conditions, and the City Council has required that one
billboard be removed within 60 days of annexation. The location of the billboards is illustrated in Exhibit
B, attached hereto and incorporated herein by this reference; and,
WHEREAS, The City Council's approval of the annexation and rezone of the Development Site contains
a condition by which Developer must cause the removal of the three remaining billboards within thirty (30)
days of the termination of the current Outdoor Advertising Ground Lease Agreements, which termination
date is September 30, 2027; acid
WHEREAS, the billboard lessee, Canyon Outdoor Media, LLC ("Canyon"), has executed and provided to
the current Qwner of the Development Site (Russ Barger) a letter confirming that Canyon has agreed to
remove the"billboards within thirty (30) days of the September 30, 2027 termination date. A copy of the
letter from Canyon to Russ Barger is attached hereto and incorporated herein by this reference as
Exhibit C; and,
WHEREAS, the City has required that Developer provide a bond to assure removal of the three billboards
in the event that; Developer and/or Canyon fail to remove the billboards as agreed.
NOW, THEREFORE, in consideration of foregoing mutual promises, covenants and agreements of the
parties, it is hereby agreed as follows:
1. The above Recitals are incorporated herein by this reference.
2. The Developer agrees that the obligation to remove all remaining billboards from the
DQvelopment Site shall be completed on or before October 30, 2027 (said date being thirty (30)
days after the termination date of,the Outdoor Advertising Ground Lease Agreements). The
Developer shall be jointly and severally liable to the City for any and all loss and damage from
any failure of this obligation, either from the greater expense of the City removing the billboards,
or from any other cause related to Developer's failure to completely remove the billboards and
restore the Development Site to its condition existent prior to undertaking such removal by filling
any holes and repairing the surface to match the surrounding area, which expense shall not be
limited by any surety.
CITY OF MERIDIAN - SURETY AGREEMENT FOR BILLBOARD REMOVAL - MAVERIK INCORPORATED — PAGE 1 Of 8
3. Upon execution of this Agreement, the Developer shall deliver to City a performance surety
(irrevocable Letter of Credit, Corporate Surety Bond or Cash Deposit) ("Performance Surety")
for the purpose of assuring Developer's full and faithful completion required removal of the
billboards, as set forth in this Agreement. The amount of the Performance Surety shall be the
sumo 20,000.00.
4. The amount of such Performance Surety is based upon the Developer's best estimate of the cost
of removing the billboards. City's acceptance of such assurance shall not be construed as a
limitation on the amount which may be spent and recovered on completion of the required
removal of the billboards.
5. At such time as all billboards have been removed in accordance with this Agreement, the
Developer shall notify the City of the readiness for final inspection and request that City release
the Performance Surety. Upon certification by the Director of Community Development, or
designee, or other authorized agent of City that all requirements of this Agreement have been
met, City shall take all necessary actions to release the Performance Surety.
IN WITNESS WHEREOF, the parties shall cause this Surety Agreement to be executed by their duly
authorized officers the day and year first above written.
[Signatures on following pages)
CITY OF MERIDIAN -SURETY AGREEMENT FOR BILLBOARD REMOVAL - MAVERIK INCORPORATED —PAGE 2of 8
DEVELOPER:
15 ration
STATE OF . i/(;t.__._.... )
( ss:
County
On this _ day of .__ 2 17 before me, the undersigned, a Notary Public in and for
said State, personally appeared t b .- _ _ _, known or identified to me to be
the of Maverik, Inc., and acknowledged to me that he executed the same on
behalf of said Corporation,
IN WITNESS WHEREOF~, 1 have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
(SEAL)NotaryL�►URALEE NUNLiEY
q C•armhoon;'lBaim 0
1Y CAnwww 90+
Morch 1. 2M
State of UtFhh
Nu
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Notary Public for
Residing at:,j-,e-gm_
My Commission Expires: i 'Lo
CITY of MERIDIAN - SURETY AGREEMENT FOR BILLBOARD REMOVAL - MAvsRIK INCORPORATED — PAGE 30f 8
CITY OF MERIDIAN:
By:
Tammy de eer , IG ayor
STATE OF IDAHO )
. ss
County of Ada ) n
On this '_ day of iJ , 2017, before me, a Notary Public, personally
appeared Tammy de Weerd and -G -.-4a es•, know or Identified to me to be the Mayor -and -Clerk,
-FespeetIvely,r of the City of Meridian, who executed the instrument or the person that executed the
instrument of behalf of said City, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
(SEAL) �� Notary Public for Idaho
Residing at: -19Jo1r i
Commission expires,,75d
CITY OF MERIDIAN - SURETY AGREEMENT FOR BILLBOARD REMOVAL - MAVERIK INCORPORATED - PAGE 4of 8
EXHIBIT A
Legal Description and .Exhibit Map
4&Ree-ve
3-27-17
MERIDIAN, IDAHO
LEGAL DESCRIPTION
PART OF NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST,
BOISE MERIDIAN, U.S. SURVEY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY RIGHT OF WAY LINE OF LOCUST GROVE
ROAD, SAID POINT 13EING SOUTH 60.20 FEET AND WEST 48.00 FEET FROM THE
NORTHEAST CORNER OF SAID SECTION 7; THENCE ALONG THE WESTERLY RIGHT OF
WAY LINE OF LOCUST GROVE ROAD THE FOLLOWING (2) TWO COURSES: (1) SOUTH
240.79 FEET AND (2) THENCE S00°38'301E 44333 FEET; THENCE N37048'51"W 312.79 FEET;
THENCE N55°47'51"W 117.23 FEET; THENCE S94017'21 "W 48.98 FEET; THENCE N0000011 51113
326.80 FEET; THENCE N21e56'21"E 80,24 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF
FAIRVIEW AVENUE; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LING THE
FOLLOWING TWO (2) COURSES: (1) N8903429"E 28.09 FEET AND (2) 388400% 253,48 FEET;
THENCE S460 17'39 "E 29A 1 FEET TO TETE POINT OF BEGINNING,
CONTAINING 168,903 SQUARE FEET OR 3.877 ACRES
SoluljonsYau Can Build On-
CIW Engineering• LandPlanning• Structural F...4noeriug• Lmdsc"Archltecture. Land Surveying • CmstruWch Surveying
3160 South 1000 West •Rivadale. Utah 64405 -Tel: 801-621-3100 -r=1101-621.2666
ogden@w-vNaseoa cam . reeve-assoacom
CITY 01:,MERIDIAN - SURETY AGREEMENT FOR BILLBOARD REMOVAL - MAVERIK INCORPORATED —PAGE Sof 8
EXHIBIT A
Legal Description and Exhibit Map
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CITY OK MERIDIAN - SURETY AGREEMENT FOR BILLBOARD REMOVAL • MAVERIK INCORPORATED — PAGE 60( 8
EXHIBIT B
Billboard Location Depiction
CITY OF MERIDIAN - SURETY AGREEMENT FOR BILLBOARD REMOVAL • MAVERIK INCORPORATED— PAGE 7()fa'
EXHIBIT C — Canyon tetter
CANYWI'N'
LLC
Outdoor�ied+a, 4L+,..;nd..
PO Bax 16661 Boise, to $3715 T
12/2) 7 /2 0 1 b
Russ Barger
ANIT Parts and Recyclers
1515 East f'airvietiw Ave.
Meridian Idaho, 83642
Re; Clardy of End hate of Billboard Lease(s) Located at 1515 East Eairiaw Aye.
Meridian Idaho, 83642,
Dear Mr. Barger,
As per our discussions: l'he Lcase(s) located at the above mentioned address
will end as of September 202'x. Asper our Lease Agreement Canyon Outdoor
Media L.L.C. will remove everything above ground level of said Billboard structures
within 30 days of the Leases) ending This is not assignable unless agreed by both
parties
I hope this gives you some clarity Once again I am looking forward to doing
Busine�is with you in the future.
Thank you for your time and attention to this matter,
Sincerely. ,
%arilsfiasu�?c�. Muss Barge
Canyon Outdoor Media L,i=.t; AIV7T Part; d Reeyelers
CITY OF MERIDIAN - SURETY AGREEMENT FOR BILLBOARD REMOVAL MAVERIK INCORPORATED — PAGE Sof 8