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
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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
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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
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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
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~iccordance with sound en ineering practices, and shall comply with the requirements of all
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a liable governmental bodies and/or agencies. City shall not allow any lien to be placed
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u on ar to remain a ainst any portion of the Parcel 1. Auer the receipt of a Notice of
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Termination b either arty pursuant to Section 2 of this agreement, City shall remove the
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avel arkin lot riot to the end of the Term of this Agreement if such removal ~s requested
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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
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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
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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
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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
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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
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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:
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E IDIAN~- Tammy de er ,Mayor
~ IDAHO
SEAL
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lay, L. ~ man, City Clerk
STATE OF 1DAH0
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County of Ada
On the ~~ia of l ~~, 2012, before me, the undersigned, a Notary Public in and for said State,
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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.~~
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~~` ~-4,•• [N VVt ~'iWHEREOF, [have hereunto set my hand and affixed my official .seal the day and
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STATE Ol~~l'D/+i~~~~~~~)
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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.
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AGREEMENT - 4
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