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Access and Parking Easement Agreement with Joint School District No. 2 for N. Venable Avenue{Vhen Recorded Return To: AQA COUNTY RECORQER Christopher Q. Rleh AMOUNT .00 ~ (~~rce of the City Clark BOISE IQRHO 09119112 03;41 PM 33 East Broadway Avenue QEPUTY Bonnie Oberbillig Nieridiuji, ID 93642 RECORQEQ - REQUEST OF 11 ~~~~ 1 ~~ Meridian City ACCESS AND PARKING EASEMENT AGREEMENT This Access and Parking Easement Agreement ("Agreement") is made e~'fective this ~I da of ~~- , 2012, by and between the Joint School District No. 2, a body ---- y .. corporate and politic of the State of Idaho (D~strict }, and The City of Meridian, and Idaho Municipal Corporation ("City"). District and City may be collectively referred to as the Parties. RECITALS: WHEREAS, District is the owner of that certain property located in the Cedar Springs Subdivision in Meridian, Ada County, Idaho, as legally described as Lot 11, Block 2S, Cedar Springs Sub No 3 ("Parcel 1"); and, WHEREAS, City is the owner of that certain property adjacent to the District Property in Meridian, -Ada County, Idaho commonly referred to as Settler's Park and legally described as Parcel #8710 SW4SE4 Section 36 4N 1W Parcel A R/S 3353 Exc RIW #43$700- B, and Parcel #9680 S2SE4 Section 36 4N 1W Parcel B1 & B2 R1S 3353 Exc R/W #4496b2- B (collectively referred to as "Parcel 2"); and, WHEREAS, District owns and holds Parcel 1 for the future construction of an elementary school facility, and City owns and operates a public park on Parcel 2; and, WHEREAS, the Parties have determined that it would be mutually beneficial to allow the City to construct a temporary gravel parking lot on a portion of Parcel 1 to be utilized for overflow parking for patrons of the public park on Parcel 2 and the City will perform weed control maintenance on the balance of Parcel 1 for the term of this agreement; and, WHEREAS, District desires to grant to City this parking and access easement for ingress and egress across its property under the terms and conditions outlined hereafter. 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. District, as grantor, hereby grants to City, its contractors, employees, agents, licensees and invitees, as grantee, a nonexclusive easement for ingress and egress by vehicular and pedestrian traffic and vehicular parking upon, over, on, across and through the. portions of Parcel 1 as depicted in either of the diagrams which are attached hereto as Exhibit A 1 and A2 which are incorporated in full by this reference. ACCESS AND PARKING EASEMENT AGREEMENT -1 ` ~ ~ `Germination. This easement shall continue to be in oftect until terminated by Z. Germ and either party upon ninety (~)0}clays written notice. ' to Construct Tem ara Improvements «n Parcel 3. At no expense to District, the 3. City p rY . Cif shall construct a tem orary gravel parking lot and associated vehicular and pedestrian Y p cess lanes as de icted in either of the diagrams which are attached hereto as E,~chibit A l `~~ P ~ cots constructed on and A2 which are incorporated ~n full by this reference. All ~mprovem arcel 1 ur an onion thereat' shall be performed in a good and workmanlike manner, in P Yp ~iccordance with sound en ineering practices, and shall comply with the requirements of all g a liable governmental bodies and/or agencies. City shall not allow any lien to be placed pp b u on ar to remain a ainst any portion of the Parcel 1. Auer the receipt of a Notice of p g Termination b either arty pursuant to Section 2 of this agreement, City shall remove the Y p . avel arkin lot riot to the end of the Term of this Agreement if such removal ~s requested ~' p g p in writing by District. ~, I~iaintenance. City agrees to provide all routine maintenance of the improvements constructed on Parcel 1, including weed control on the entirety of Parcel 1. All maintenance shall be on a mutually agreeable "as-needed" basis. 5. Use of Easement. The easement granted hereby is for the purpose of allowing For overflow parking and access on Parcel 1 for the patrons of Parcel 2. 6. finding on Successors. This Easement shall be recorded in the official records of Ada County, Idaho, and shall be binding on the successors, administrators, executors and assigns (if permitted} of all parties hereto and shall run with the land. 7. Counterparts. This Easement maybe executed in counterparts, each part being considered an original document, all parts being but one document. 8. Indemnification. City agrees to indemnify, defend and hold the District, its successors, assigns, and agents harmless from any and all claims, liability, losses, costs, charges, or expense that arise from City's use or use by its employees, licensees, agents, invitees, or representatives, ofthe District's parcel 1 pursuant to the easement granted hereby. 9. Insurance. City shalt provide and maintain commercial general liability insurance covering its obligations under this agreement and insuring it against claims for personal injury, bodily injury or death, and property damage or destruction. Such insurance shall be to a limit of not less than the minimum amounts as specified in the Idaho Tort Claims Act as set forth in Title 6, Cha ter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of p the covenants to indemnify and save and hold harmless. 10. 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. ACCESS AND PARKING EASEMENT AGREEMENT - Z t 1. Assi nment. Nc;ithc:r party shall sell, transfer, nor assign its interest in this Agreement k without the written consent of the other party, which other party is tree to withhold far any reason. 12. Easement Ohstructions. No fence or other barrier shall be erected or permitted. within or across the Easement which would prevent or obstruct the passage of pedestrian ur vehicular travel rovided, however, that the foregoing shall not prohibit (i} the temporary erection of ,p barricades which are reasonably necessary for security and/or safety purposes in connection with the construction, reconstruction, repair and maintenance of improvements. It being a Treed by the parties however, that all such work shall be conducted in the most expeditious g manner reasonably passible to minimize the interference with the use of the easements, and such work shall be diligently prosecuted to completion, or (ii) the construction of limited curbing or other forms of traffic controls. 13. 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 arty intended, or (iii) rejected at the then current address of the party intended, provided p ... such writing was sent prepaid. The ~nihal address of the signatories hereto is: City: City of Meridian Department of Parks and Recreation c/o City Clerk 33 East Broadway Meridian, Idaho 83642 District: Superintendent Joint School District No.2 911 Meridian Street Meridian, Idaho 83642 Upon at least ten (l o~ days' prior written notice, each party shall have the right to change its address to any other address within the United States of America. 1N WITNESS 'WHEREOF, the undersigned have caused this Easement to be executed the day and year first written above. SIGNATURES TO FOLLOW ON NEXT PAGE ACCESS AND PARKING EASEMENT AGREEMENT - 3 orSTR~c~r: ray Linda Cla , uperintendent ATTEST: CITY: ~o~~,~~D~~c~'Sr o~' ~ ~ '~,~ 0~ - ~~~~~ ~3y E IDIAN~- Tammy de er ,Mayor ~ IDAHO SEAL ~~ ~~ ~P e f ~ ? ~ lay, L. ~ man, City Clerk STATE OF 1DAH0 S9. County of Ada On the ~~ia of l ~~, 2012, before me, the undersigned, a Notary Public in and for said State, Y personally appeared Linda Clar ,known or identified to me to be the Superintendent of Schools and Authorized Representative~~y~~pj~}~~ drool District No. 2 who executed the within and foregoing instrument an behalf of said school di~~ ~ d~c ~-~~ ged to me that said school district executed the same.~~ .~ C~`~ ~, ~~` ~-4,•• [N VVt ~'iWHEREOF, [have hereunto set my hand and affixed my official .seal the day and • • Yea;~l~~b' 1~~- ~• ~ ~ ~ ~ r r *: ~~• ~, ~ ,~~ r~~, ~ ~ Notary Public for: ~ BL .', ~ ••~• •~•'~ ,~~` Residing at: . ~~ ~' •••••~••• ~• My commission expires: 3- ~ ~~ 15 ., ~r ~,. ''• ~ OF 1~ ~`~~. STATE Ol~~l'D/+i~~~~~~~) ss. County of Ada ) On this ~~ , clay of ~-, in the year 2012, before me, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, an Idaho Municipal corporation, that executed and attested the instrument or the person who executed the instrument on behalf of said municipal corporation ,and acknowledged to me that such municipal corporation executed the same. [N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~•~~•. u,`a • S +e , i, ` ~ ~ ~ ` Y ~ t~V_ ~' ~~ i 4 r ~ s ~ ~ e ,~ f ~A.~~~~ `fit V r i ACCESS Al~~~'~ ~ ASEI~TENT . ~ •` `+•i~A* No ry Public f : Residing at: My commission expires: ~. AGREEMENT - 4 c-°I Q e ,:~ ;~; ,,_~;~' . ,3 ~ ~~ ~~~ -~~ ~'~ i i ~ wps ~~:'qy aTs:, ,~ N Q ~ ~ s~} Q ~ ~~ ~ ~ c~ ~ ® ~ . ~ ~ N ~ f~ . 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