Temporary License Agreement with RWP Meridian, LLC for Equipment Parking Public Works Week ExpoEIDL
AN---01
Public I H
Works Department
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Austin Petersen, EIT — Transportation and Utility Coordinator
DATE: May 14, 2014
Mayor Tammy de Weerd
Cky Council MembeHr
Joe Borton
Keith Bird
Luke Cavener
Brad Hoaglun
Charles Rourtree
David Zoremba
SUBJECT: EQUIPMENT PARKING AGREEMENT WITH RWP MERIDIAN LLC
FOR PUBLIC WORKS WEEK EXPO 2014
I. RECOMMENDED ACTION
A. Move to:
1. Approve the Temporary License Agreement for equipment parking with RWP
Meridian LLC
2. Authorize the Mayor to sign the agreement.
II. DEPARTMENT CONTACT PERSONS
Austin Petersen, PWW Expo Chair 489-0352
Kyle'kadek, Asst. City Engineer 489-0343
Warren Stewart, PW Engineering Manager 489-0350
Tom Barry, Director of Public Works 489-0372
II. DESCRIPTION
A. Background
This year, as in years past, we have coordinated with the owner of the empty dirt lot
at 502 N. Main Street, to park a piece of heavy equipment with a sign advertising
the upcoming Public Works Week Expo. The term of the agreement is from May
30v'to June 9', 2014.
Page I of 2
IV. IMPACT
A. Strategic Impact:
By having the equipment and sign out the Friday before the event, we hope to
inform the public that Public Works Week is starting, and get them excited to join
us for the Expo on June 41h
B. Fiscal Impact:
Temporary License Agreement $0.00
V. ALTERNATIVES
A. The City could choose not to sign the Temporary License Agreement with RWP
Meridian LLC, making it so we would be unable to advertise the event in this
manner.
VI. TIME CONSTRAINTS
Council's approval will allow for the timely return of the signed license agreement
to RWP Meridian LLC.
VII. LIST OF ATTACHMENTS
A. Temporary License Agreement (Parking)
Page 2 of 2
TEMPORARY LICENSE AGREEMENT
THIS AGREEMENT made and entered into this 2nd day of May, 2014, by
and between the City of Meridian, an Idaho Municipal Corporation, here* after called
"City", and RWP Meridian LLC, hereinafter called "RWP".
WHEREAS, City is sponsoring an event titled "Public Works Week" and City desires to
publicize the event in the downtown Meridian area, and
WHEREAS, RWP owns a parcel of bare land in downtown Meridian that would
accommodate public parking and a piece of heavy equipment upon which City could
attach a temporary sign, and
WHEREAS, RWP is willing, upon certain terms and conditions, to provide non-
exclusive, temporary use 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:
GRANT OF TEMPORARY LICENSE
For and in consideration of promises contained herein, and other good and
valuable consideration, RWP 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 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 30, 2014 and
expiring on June 9, 2014,
3. USE OF LICENSED PREMISES
City's use of the licensed premises shall be limited to 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
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 defend and hold RWP 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 invitees, agents, and employees. If any claim, suit or action
is filed against RWP for any loss or claim described in this paragraph, City shall
defend RWP and assume all costs, including attorney's fees, associated with the
defense or resolution thereof, however RWP 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 save and hold
harmless RWP. 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 RWP: RWP Meridian LLC
199 North Capitol Blvd.
#300
Boise, ID 83702
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 - ? -
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 RWP in the same good condition as received,
reasonable wear and tear, damages by fire, acts of vandalism, or act of God
exempted.
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.
RWP
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Temporary License Agreement - 3 -
EXHIBIT "A"
Parcels to be used: R10090000360; R10390000340
Temporary License Agreement 1