Pacific West Builders, Inc. License Agreement Storage at MPR Maintenance Facility LICENSE AGREEMENT WITH PACIFIC WEST BUILDERS, INC. FOR STORAGE OF
MATERIALS AT MERIDIAN PARKS & RECREATION MAINTENANCE FACILITY
This LICENSE AGREEMENT is made and entered into this 14th day of April 2020
("Effective Date"), by and between the City of Meridian, a municipal corporation organized
under the laws of the State of Idaho ("City"), and Pacific West Builders, Inc. ("Licensee"), a
general business corporation organized under the laws of the State of Idaho.
WHEREAS, Licensee temporarily removed from the streetscape bordering Licensee's
construction site in downtown Meridian, on Main Street between Broadway Avenue and Idaho
Avenue, items and materials enumerated in Exhibit A hereto ("Stored Items");
WHEREAS, Licensee seeks to store the Stored Items, outdoors, at the Meridian Parks
and Recreation maintenance facility;
WHEREAS, the City Council of the City of Meridian hereby finds that the issuance of a
license for Licensee's storage of the Stored Items is not detrimental to the public interest, and is
willing, upon the terms and conditions enumerated in this Agreement, to provide non-exclusive,
temporary use of the Licensed Premises for the purposes stated herein; and
WHEREAS, the City Council of the City of Meridian hereby finds that the Licensed
Premises are not otherwise needed for City purposes;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged and agreed, and in consideration of the mutual promises and
covenants herein contained, and in consideration of the recitals above, which are incorporated
herein, City and City agree as follows:
I. License granted. City, for and in consideration of the covenants and conditions set forth
in this Agreement, and agreed to be kept and performed by Licensee, does hereby provide
to Licensee a non-exclusive, temporary license to store the Stored Items next to the
Meridian Parks and Recreation maintenance facility, outdoors, on property owned by
City, located at 1700 E. Lanark Street, in Meridian, Idaho ("Licensed Premises").
II. Use of Licensed Premises. Licensee's use and occupancy of the Licensed Premises shall
be limited to temporary storage of the Stored Items, as enumerated in Exhibit A.
Licensee shall not use the Licensed Premises for any other purpose without prior written
consent of the City.
III. Term. The term of this Agreement shall be deemed to have commenced on the Effective
Date and the initial term shall terminate at 11:59 p.m. on February 28, 2022, unless
earlier terminated by either Party by the method established herein.
IV. Rights and responsibilities of Licensee. With regard to Licensee's use and occupancy
of the Licensed Premises under this Agreement, Licensee shall be responsible for each
and all of the following.
LICENSE AGREEMENT WITH PACIFIC WEST BUILDERS,INC.
FOR STORAGE OF MATERIALS AT MPR MAINTENANCE FACILITY PAGE I OF 5
A. Right of entry. Licensee and Licensee's contractors, employees, agents, and invitees
to access the Licensed Premises, during City business hours, in order to inspect,
maintain, or retrieve the Stored Items, subject to the availability of City staff to
accompany Licensee. Licensee shall not access, or attempt to access, the Licensed
Premises, without accompanying City staff. Licensee shall provide to City a request
for access at least one (1)business day in advance.
B. Acceptance as is. Licensee acknowledges that Licensee has inspected the Licensed
Premises and does hereby accept same as being in good and satisfactory order,
condition, and repair. It is understood and agreed that City makes no warranty or
promise as to the condition, safety, usefulness or habitability of the Licensed
Premises, and Licensee accept the Licensed Premises "as is."
C. Indemnification. Licensee specifically indemnifies City and holds City harmless
from any loss, liability, claim,judgment, or action for damages or injury to Licensee,
Licensee's employees, agents, guests or invitees; or damage to or partial or total loss
of the Stored Items; or to arising out of or resulting from the condition of the
Licensed Premises or other City property or any lack of maintenance or repair thereon
and not caused by or arising out of the tortious conduct of City or its employees.
Licensee further 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 use and occupancy of the Licensed Premises by Licensee or
by Licensee's agents, employees, guests or business invitees and not caused by or
arising out of the tortious conduct of City or its employees. If any claim, suit or
action is filed against City for any loss or claim described in this paragraph, Licensee,
at City's option, shall defend City and assume all costs, including attorney's fees,
associated with the defense or resolution thereof, or indemnify City for all such costs
and fees incurred by City in the defense or resolution thereof.
D. Liability insurance. Licensee shall maintain, and specifically agrees that Licensee
will maintain throughout the term of this Agreement insurance adequate to cover any
loss, liability, claim,judgment, or action for damages or injury to Licensee,
Licensee's employees, agents, guests or invitees; or damage to or partial or total loss
of the Stored Items. The limits of Licensee's insurance shall not be deemed a
limitation of the covenants to indemnify and save and hold harmless City; and if City
becomes liable for an amount in excess of the insurance limits herein provided,
Licensee covenants and agrees to indemnify and save and hold harmless City from
and for all such losses, claims, actions, or judgments for damages or liability to
persons or property. City shall not maintain property or other insurance on
Licensee's behalf.
V. Rights and responsibilities of City. With regard to Licensee's use and occupancy of the
Licensed Premises under this Agreement, City shall be responsible for the following.
LICENSE AGREEMENT WITH PACIFIC WEST BUILDERS,INC.
FOR STORAGE OF MATERIALS AT MPR MAINTENANCE FACILITY PAGE 2 OF 5
A. Allow entry. City and City's employees shall be authorized to allow Licensee to
access the Licensed Premises in order to inspect, maintain, or retrieve the Stored
Items, subject to the terms of this Agreement and the availability of City staff to
accompany Licensee.
B. No support. City shall not provide support, monitoring, or administration services
related to Licensee's use and occupancy of the Licensed Premises and/or the Stored
Items.
VI. General provisions.
A. Termination. Either party may terminate this Agreement for convenience or for
cause. Termination shall be effective thirty(30) days following mailing of written
notice. Licensee agrees that upon termination or expiration of this License
Agreement, Licensee shall remove all of its personal property from the Licensed
Premises and surrender the Licensed Premises to City in the same good condition as
received. Licensee agrees to surrender possession and occupancy of the Licensed
Premises peaceably at the termination of this Agreement and any renewal or
extension thereof. Licensee shall be responsible for restoration or repair of the
Licensed Premises necessitated by damage caused by Licensee's use under this
Agreement beyond reasonable wear and tear, act of God, act of nature, or damage by
weather.
B. Notices. All notices, statements, and reports required or permitted by this Agreement
shall be in writing and sent by e-mail or by U.S. mail, postage prepaid, with return
receipt requested. Notices shall be addressed as follows:
If to Licensee: If to City:
Caleb Roope, President City of Meridian
Pacific West Builders, Inc. Attn: Parks & Recreation Dept. Director
430 E. State Street, Suite 100 33 E. Broadway Avenue
Eaglc, ID 83616 Meridian ID 83642
C. Limitation of liability. Notwithstanding anything in this agreement to the contrary,
City shall not be liable or obligated, and Licensee shall hold City harmless, with
respect to any subject matter of this agreement or under contract, negligence, strict
liability or any other legal or equitable theory, for the following:
1. Any special, punitive, incidental or consequential damages (including, without
limitation, for any lost profits or costs of procurement of substitute goods); and
2. Any other matter beyond City's reasonable control.
This provision shall survive termination of this Agreement.
D. No agency. It is further understood and agreed Licensee shall not be considered an
agent of City in any manner or for any purpose whatsoever in Licensee's use and
occupancy of the Licensed Premises. Licensee shall have no authority or
responsibility to exercise any rights or power vested in City. The selection and
LICENSE AGREEMENT WITH PACIFIC WEST BUILDERS,INC.
FOR STORAGE OF MATERIALS AT MPR MAINTENANCE FACILITY PAGE 3 OF 5
designation of the personnel of City in the performance of this agreement shall be
made by City.
E. No waiver. City's waiver on one or more occasion of any breach or default of any
term, covenant or condition of this Agreement shall not be construed as a waiver of
any subsequent breach or default of the same or a different term, covenant or
condition, nor shall such waiver operate to prejudice, waive, or affect any right or
remedy City may have under this Agreement with respect to such subsequent default
or breach by Licensee.
F. No assignment. Licensee 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.
G. Entire agreement. This Agreement contains the entire agreement of the parties and
supersedes any and all other agreements, leases, or understandings, oral or written,
whether previous to the execution hereof or contemporaneous herewith.
H. Exhibits. All exhibits to this Agreement are incorporated by reference and made a
part of hereof as if the exhibits were set forth in their entirety herein.
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by
their duly authorized officers to be effective as of the day and year first above written.
Licensee:
Caleb Roope, President
Pacific West Builders, Inc.
CITY OF MERIDIAN: Attest:
BY:
Robert E. Simison, Mayor Chris Johnson, City Clerk
LICENSE AGREEMENT WITH PACIFIC WEST BUILDERS,INC.
FOR STORAGE OF MATERIALS AT MPR MAINTENANCE FACILITY PAGE 4 OF 5
EXHIBIT A: STORED ITEMS
8,792 BRICK PAVERS
1 RECYCLE BIN -
„;
'7ijf�
1,496 INTERLOCKING PAVERS
1,
1,
1 PLANTER +
44
4 TRASH CAN ENCLOSURES
7 LIGHT POSTS 1 GREEN METAL BENCH
Ic
u r
NIS
i1►F4N wr��lll1►�����f4""-1►� - v
�11► "Imm
48 TREE GRATES 4 BENCHES
LICENSE AGREEMENT WITH PACIFIC WEST BUILDERS,INC.
FOR STORAGE OF MATERIALS AT MPR MAINTENANCE FACILITY PAGE 5 OF 5