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Access Easement Agreement with Dynamite Marketing Incorporated for ZamzowRECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 1 BOISE IDAHO 01109!09 09:26 AM DEPUTY Danielle Goulette III IIIIIIIIIIIIIIII'll'IIIIIIII III'll RECORDED-REQUEST OF 10~01~~t~88 Meridian City (Space Above For Recorder's Use) ACCESS EASEMENT AGREEMENT This Access Easement is made effective this day of December, 2008, by and between Dynamite Marketing, Incorporated, an Idaho Corporation ("Grantor"), and City of Meridian, an Idaho Municipal Corporation ("Grantee"). The Grantor and Grantee may be collectively referred to as the parties. RECITALS: WHEREAS, Grantor is the owner of certain real property located in Ada County, State of Idaho more particularly described as: Lots 10-15 of the Amended Plat of Block No. 1 of the Townsite of Meridian, located in the SW '/ of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho ("Grantor's Property"); WHEREAS, Grantee is the owner of certain real property located in Ada County, State of Idaho more particularly described as: Lots 1-9 and 21-30 of the amended plat of Block No. 1 of the Townsite of Meridian, located in the SW % of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho ("Grantee's Property"); WHEREAS, Grantor desires to grant and Grantee desires to receive an easement for ingress and egress across the Grantor's property as depicted on ExhibitA under the terms and conditions outlined hereafter. EASEMENT AGREEMENT - i AGREEMENT: NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Grant. Grantor hereby grants anon-exclusive access easement over, on, across, and through the Grantor's Property for ingress and egress in the location depicted on ExhibitA ("Easement"). The ingress and egress shall be approximately 6.5 feet wide, running adjacent to the public right of way (alley) at the northerly boundary of Grantor's Property. 2. Purpose of Easement.. The Easement shall be used for ingress and egress for pedestrian travel for benefit of Grantee's employees, representatives, customers, invitees, and agents. No parking of any vehicles shall be permitted on the Easement. 3. Term of Easement. The Easement shall be perpetual unless terminated by Grantor pursuant to the terms of this agreement. 4. Consideration. In consideration for the Easement, Grantee agrees to construct the pathway as depicted on Exhibit B, and Grantee agrees to assume responsibility for all maintenance of the pathway after construction. 5. Ownership of Easement Improvements. Upon execution of this Easement Agreement, ownership of the existing rails shall pass to Grantee. Grantor agrees that the rails and brick pavers installed within the easement shall not become part of Grantor's real property but shall remain the personal property of Grantee. 6. Binding on Successors. This Easement shall be recorded in the official records of Ada County, Idaho, and shall be binding on the heirs, successors, administrators, executors and assigns of all parties hereto and shall run with the land. 7. Indemnification. The Grantee agrees to indemnify, defend and hold the Grantor, and its successors, assigns, and agents harmless from any and all claims, liability, losses, costs, charges, or expense that arise from Grantee's use or use by Grantee's employees, customers, agents, invitees, or representatives. 8. Remedies. In the event of a breach hereunder by any party, the non-breaching party shall have all remedies available at law or in equity, including the availability of injunctive relief. In any suit, action or appeal therefrom to enforce or interpret this Easement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees and disbursements. 9. Relocation Reservation. This Easement is being granted prior to the anticipated future redevelopment of the Grantor's Property. The Grantor has no obligation to make improvements upon the Grantor's Property for the Easement. Grantor hereby reserves the right to relocate the Easement upon the Grantor's Property either before or after the redevelopment of the Grantor's Property, upon ninety days' prior written notice to Grantee. The parties then agree to execute, deliver and record an amendment to this document to evidence the relocation. EASEMENT AGREEMENT - 2 10. Termination for Convenience of Grantor Upon Redevelopment. In the event that Grantor's plans for redevelopment result in the need to use the easement area for purposes inconsistent with the Easement, and if relocation of the easement and easement improvements cannot be accommodated elsewhere on Grantor's property, Grantor hereby reserves the right to terminate this easement upon ninety days' prior written notice to Grantee. Upon notice of termination, Grantee is given permission to enter Grantee's property to remove the rails and brick pavers. 11. Easement Obstructions. No fence or other barrier shall be erected or permitted within or across the Easement which would prevent or obstruct the passage of pedestrian travel; provided, however, that the foregoing shall not prohibit (i) the temporary erection of barricades which are reasonably necessary for security and/or safety purposes in connection with the construction, reconstruction, repair and maintenance of improvements, including the Easement, on the Grantor's Property, it being agreed by the parties however, that all such work shall be conducted in the most expeditious manner reasonably possible to minimize the interference with the use of the Easement by Grantor, and such work shall be diligently prosecuted to completion, or (ii) the construction of limited curbing or other forms of traffic controls along the outer perimeter of the Easement. Grantor reserves the right to close off the Easement for such reasonable period of time as may be legally necessary to prevent the acquisition of prescriptive rights by anyone; provided, however, that prior to taking such action, Grantor shall give written notice to Grantee of its intention to do so, and to the extent reasonably possible, the parties shall coordinate such closing so that the interruption in the use and enjoyment of the Easement is kept to a minimum. 12. Notices. All notices, demands and requests required or desired to be given under this Agreement must be in writing and shall be deemed to have been given as of the date such writing is (i) delivered to the party intended, (ii) delivered to the then current address of the party intended, or (iii) rejected at the then current address of the party intended, provided such writing was sent prepaid. The initial address of the signatories hereto is: Grantee: City Clerk City of Meridian 33 East Broadway Meridian, Idaho 83642 Grantor: James B. Zamzow Dynamite Marketing, Incorporated 310 East Watertower Lane Meridian, Idaho 83642 EASEMENT AGREEMENT - 3 Upon at least ten (10) days' prior written notice, each party shall have the right to change its address to any other address within the United States of America. IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day and year first written above. GRANTOR: DYNAMITE MARKETING, INC By os ~A-r-~1 ~o ~, t~ ~ GRANTEE: CITY OF Mayor Ta~iiy/d"e Weerd ATTEST: ` ,,,;,,, ~~ ~ ~ ~ ~,,,,,~~~ r -. C~" - ~a = ~ Jaycee Holman, City Cleslc ~ ~~ ''~, .yo `ter ~s.~ • ~ `~~. EASEMENT AGREEMENT - 4 STATE OF IDAHO ) ss. County of ~ ) On this ~' day of ~ (~ f rY1~~008, before me ~ rQ ~ r~-~ , personally appeared u rZamzow, known or identified to me to be thy' ~ esif Dynamite Marketing, n~e corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation 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. ~..... . •'~ GRE,~+~•, `~`~ ~: NOTARY PUBLIC FOR IDAHO Er 'Z ~ Residing at ~_ p ',, ~ ;gyp: My Commission Expires - • • ~~ ,.• STATE OF IDAHO ) ss. County of ~((_L ) On this + l1l~'day of ~(~~200~ ,before me~~~e~~ , personally appeared Tammy de Weerd and Jaycee Holman, known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, the municipal corporation that executed and attested the instrument or the persons who executed and attested the instrument on behalf of said municipal corporation, and acknowledged to me that such municipal corporation 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. ~....... ~4,,, O TA_,~,~,. NOTARY ~ ~ ~„~~ Residing at ' ~ ~; ; My Commi • • ~ ~ • • ~ ' ~ ~ ; a ~ ~ ~ • ~ `. • ••: ..+• Expires AHO EASEMENT AGREEMENT - 5 133~I1S g ~' 'N ~• ~ ~ as~:< - ~: r j... O ~ •. Q .{ . ,, ~ I r .,. r- - -1 ~ ~ ~ ~ ~~ i~ Q iiJ !~U "" ~ O+t ~~ 3 _ ~ O .:.e~ = ~_- 4 A :.~ NN ~~~ ~~4 ~> QL ~ u.t~~ Q z ~ _ ~~ ~_ 3 u~X t zmw r;~~ J W ~ p \\\~\\ ~ v :.cam; ~.-.K om :... ~ nn-sK ~.~~ eau NVId ~JNLLNVId 11t/H Ally N`dIa1~13W avoa Nviaiaaw ~~ ~ ~ -{- -~ ,~ Meridian City Council Special Meeting Workshop December 16, 2008 Page 80 of 116 Rountree: Mr. Zaremba. Zaremba: Do we need to authorize the spending of the amount contributed by the library district and the other ones -- Siddoway: Yes. Zaremba: Or just our 12,100? Siddoway: We need the full spending authority. Zaremba: Okay. See if I got this right. Mr. President, I move that we authorize the spending of 12,500 from -- Siddoway: MDC. Zaremba: -- MDC and 5,400 from the library district and that we approve 12,100 expenditure from last year's park's budget? Is that what it is? Siddoway: It would just come from the general fund. Zaremba: From the general fund. And that's for the Old Town library streetscape construction. Hoaglun: Second. Rountree: It's been moved and seconded to approve the Old Town streetscape in the amount stated. Roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. I. Easement Agreement with Zamzow's Rountree: Next item is 5-I. Zamzow's. Bill. Nary: Mr. President, Members of the Council, we have the easement agreement, it's on your packet. We have visual -- or verbal confirmation from Mr. Zamzow that he is in agreement with it, we just haven't been able to get him over here to sign it. We have called and e-mailed and Ihave -- it's John Zamzow is the one that we had contact with and so it's just really waiting his signature, as you would approve the Mayor to sign the easement once we have secured Mr. Zamzow's signature on it and so that way it won't wait any longer than the next. .e Meridian City Council Special Meeting Workshop December 16, 2008 Page 81 of 116 Rountree: Okay. Thank you. It's been moved and -- Hoaglun: Second. Rountree: -- seconded to approve the easement and authorize the Mayor to sign once we receive a signed copy. All those in favor? Motion passes. MOTION CARRIED: ALL AYES. De Weerd: Mr. President? Rountree: Madam Mayor. De Weerd: I guess I'd like to suggest, if there is a chance that we can bring it to him, it is something that we are requesting, so if that would get a signature faster. Nary: He -- Madam Mayor, Members of the Council, we offered to do that as well and he's not always there at the facility has been the problem. It needed to be notarized and we told him we had a notary, we could certainly have the notary come to him and it's just getting him there at the same time, so -- Bird: I was going to say, he doesn't spend much time there. K. Aatronics Budgeted Contract Amendment No. 4 for $809.00 L. Western Roofing Budgeted Contract Amendment No. 2 for $385.00 M. Architectuural Building Supply Budgeted Contract Amendment No.4 for $2,340.00 N. Heroes Park Development RFP Results & Award O. Bid Award for Yearly Water Meter Purchases Rountree: Okay. Thank you, Madam Mayor. Next items K through O. Watts: Thank you. I would like to maybe go back to that last issue as well. With that approval, am I set to move forward at that point? De Weerd: Yeah. Rountree: Yes. Watts: Okay.