Meridian Library District Storage of Bicycles Meridian City Hall License Agreement LICENSE AGREEMENT WITH MERIDIAN LIBRARY DISTRICT FOR
STORAGE OF BICYCLES AT MERIDIAN CITY HALL
This LICENSE AGREEMENT is made and entered into this 19th day of August, 2020
("Effective Date"), by and between the City of Meridian, a municipal corporation organized
under the laws of the State of Idaho ("City"), and Meridian Library District{"Licensee"), an
independent library district organized under Chapter 27, Title 33 of the laws of the State of
Idaho.
WHEREAS, in 2016,the City received a grant from Blue Cross of Idaho Foundation for
Health to support community efforts to reduce childhood obesity;
WHEREAS, in October 2016,the City entered into an agreement with Licensee by
which City would purchase bicycles and Licensee would implement a Book-a-Bike borrowing
program for Licensee patrons;
WHEREAS,pursuant to the Book-a-Bike program,Licensee now has in its possession a
number of bicycles previously available for use by library patrons, as enumerated and described
in Exhibit A hereto;
WHEREAS,the COVID-19 pandemic has required the temporary suspension of the
Book-a-Bike program,and the bicycles' current storage location will soon be unavailable;
VffMi REAS,Meridian City Hall currently has space to store the Licensee's bicycles on a
temporary basis, which space is not otherwise needed for City purposes;
WHEREAS,the City Council of the City of Meridian hereby Ends that the issuance of
this license will serve the public interest;
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, and in consideration of the recitals above, which are incorporated herein, City and
Licensee 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 bicycles in the basement of
Meridian City Hall,property owned by City,located at 33 E. Broadway Avenue,
Meridian,Idaho("Licensed Premises").
H. Use of Licensed Premises. Licensee's use and occupancy of the Licensed Premises shall
be limited to temporary storage of the bicycles described 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 May 31, 2021,unless earlier
terminated by either Party by the method established herein.
LIaNsE AGREFMFNT WITH MERIDIAN LIBRARY DISTRICT
!'oR STORAGE OF Bicyc Es AT MERIDIAN OTY HALL PAGE X OF 5
IV. Rights and responsibilities of Licensee. With regard to Licensee's use and occupancy
of the Licensed Premises under this Agreement,Licensee have the following rights and
shall fulfill the following responsibilities.
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 bicycles, 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 snakes 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. 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
bicycles. The limits of Licensee's insurance shall not be deemed a limitation of the
covenant to hold City harmless; and if City becomes liable for an amount in excess of
the insurance limits herein provided,Licensee shall 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.
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 bicycles.
C. No services. City shall not allow or manage any borrowing of Licensee's bicycles
during the period of'storage, or provide any services related to the bicycles previously
provided by Licensee.
LICENSE Aampw:NT WITH MERIDIAN LIBRARY DisTRICf
FOR STORAGE OF BicymEs AT MERIDIAN CITY HALL PAGE 2 or,5
VI. General provisions.
A. Termination. Either party may terminate this Agreement for convenience or for
cause. Termination shall be effective fourteen(14) days following mailing of written
notice via U.S. Mail. Licensee agrees that upon termination or expiration of this
License Agreement,Licensee shall remove all bicycles and related personal property
from the Licensed Premises and shall peaceably surrender the Licensed Premises to
City in the same good condition as received.
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, addressed as
follows:
If to Licensee: If to :
Gretchen Caserotti,Director Chris Johnson, City Clerk
Meridian Library District City of Meridian
1326 W Cherry Lane 33 E. Broadway Avenue
Meridian, ID 83642 Meridian ID 83642
Either party may change its authorized representative, or change its address for the
purpose of this paragraph by giving written,notice of such change to the other party in
the manner herein provided.
C. Limitation of liability. Notwithstanding anything in this agreement to the contrary,
City shall not be liable or obligated, and to the extent allowed by law,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
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.
LicwsE AGRFEMENr WITH NImmAN LIBRARY DimTcr
FoR SmRAm3 OF$ICYCLEs AT MERIDIAN CITY HALL PAGE 3 of 5
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Item#4.
EXIHBIT A: BICYCLES
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Y16F007095 30075005075953 X.26 Adult(red)
30075005075961 X.26 Adult(green)
Y15I008458 30075005075979 Hudson Easy 3 adult(LG, gray)
Y15I008520 30075005075987 Hudson Easy 3 adult(gray)
Y151009268 30075005075995 Hudson Easy 3 adult(MED, gray)
30075005076001 Hudson Easy 3 adult(gray)
Y16HOO6512 30075005076019 Starlight child (purple)
30075005076035 Jamis 2,0 child(blue)
Y16H006259 30075005076027 Jamis 2,0 child(black)
Y16H007407 30075005076043 Miss Daisy child(pink)
Y16KO05825 30075005076050 Jamis 1.6 child(red)
Y15L09368 30075005076068 Jamis 1.6 child(lime)
30075005076233 Co-pilot trailer
87NCX7F0048 30075005076241 Trail-a-bike folder(black)
LicsNSE AGREEmFNT WITH MERIDIAN Lfl3kARY DISTRICT`
FOR STORAGE OF BICYCLEs AT MERIDIAN CITY HALT. PAGE 5 or,5
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