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License Agreement with Bank of the Cascades for Sign Display at 502 N Main for Public Works WeekTEMPORARY LICENSE AGREEMENT THIS AGREEMENT made and entered into this day of , 2012, by and between the City of Meridian, an Idaho Municipal Corporation, herei after called "City", and The Bank of the Cascades, hereinafter called "BOTC". WHEREAS, City is sponsoring an event titled "Public Works Week" and City desires to publicize the event in the downtown Meridian area, and WHEREAS, BOTC owns a parcel of bare land in downtown Meridian that would accommodate a piece of heavy equipment upon which City could attach a temporary sign, and WHEREAS, BOTC is willing, upon certain terms and conditions, to provide non- exclusive, temporary use of a designated portion of the property 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 TEMPORARY LICENSE For and in consideration of promises contained herein, and other good and valuable consideration, BOTC hereby gives and grants to City the non-exclusive right, privilege and license to use a portion of certain real property, located at 502 North Main Street, Meridian, Idaho. The portion of the property subject to this agreement is generally depicted on Exhibit "A (referred to herein as the "licensed premises"). 2. TERM OF AGREEMENT This temporary license is granted for a term to begin on May 14, 2012 and expiring on May 25, 2012. 3. USE OF LICENSED PREMISES City's use of the licensed premises shall be limited to the parking of one piece of heavy equipment, such as a tractor, upon which the City may affix a temporary sign. City agrees to comply with all applicable regulations for parking heavy equipment and the placement of temporary signs pursuant to the laws and regulations of the City of Meridian and any other governmental authority with appropriate jurisdiction. Temporary License Agreement - 1 - 4. REPAIR AND RESTORATION OF PREMISIS: City shall be responsible for restoration or repair of the licensed premises necessitated by damage caused by City's use under this Agreement. 5. INDEMNIFICATION AND INSURANCE City hereby agrees to indemnify and hold BOTC 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, use, and occupancy of the licensed premises by City, its agents, and employees. If any claim, suit or action is filed against BOTC for any loss or claim described in this paragraph, City shall defend BOTC and assume all costs, including attorney's fees, associated with the defense or resolution thereof, however BOTC shall not be relieved hereby from liability for its own negligent or willful act or omission or that of its employees. In addition, City shall maintain, and specifically agrees to maintain throughout the term of this Agreement, liability insurance in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code, and such amount shall be deemed to be the limit of City's covenant to indemnify and save and hold harmless ROTC. In the event the insurance minimums of the Idaho Tort claims Act are changed, City shall immediately submit Proof of Compliance with the changed limits. 6. NOTICES A. All notices to be given with respect to this Agreement shall be in writing addressed as follows: To BOTC: � � Aa 70 A1W To City: City of Meridian City Clerk 33 East Broadway 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. Temporary License Agreement -2- 7. CONDITION OF LICENSED PREMISES City acknowledges that City has inspected the licensed premises and does hereby accept the licensed premises as being in good and satisfactory order, condition, and repair. City agrees that upon termination of this Agreement, City shall surrender the licensed premises to BOTC in the same good condition as received, reasonable wear and tear, damages by fire, acts of vandalism, or act of God exempted. 8. 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. BANK OF THE CASCADES By: —. CITY OF MERIDIAN By: / .mss k7 Tame Weerd, Mayor Temporary License Agreement - 3 - EXHIBIT "A" Temporary License Agreement -4-