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.
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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.
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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
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Tame Weerd, Mayor
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EXHIBIT "A"
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