HomeMy Public PortalAbout2019.07.11 Temporary Sidewalk Construction Easement - ABS ID-O LLC 2nd Street and Lenora Street — Phase 1 B
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS INDENTURE, made this f, day of July, 2019, by and between ABS
ID-O LLC, a Delaware limited liability company ("GRANTOR") and THE CITY OF
MCCALL, IDAHO, a municipal subdivision of the State of Idaho, hereinafter"THE CITY
OF MCCALL" regarding property located on parcel RPM0171002016A, at address 1001
2nd N 2nd Street, City of McCall.
WITNESSETH :
FOR VALUE RECEIVED, receipt of which is hereby acknowledged by
GRANTOR, and for the term and uses and on the terms and conditions hereinafter set
forth, GRANTOR does hereby grant to THE CITY OF MCCALL an non-exclusive
easement (the "Easement") under, over, through and across that certain Real Property
owned by GRANTOR situated in the COUNTY OF VALLEY, STATE OF IDAHO more
particularly described on Exhibit "A" attached hereto and by this reference made a part
hereof(the "Real Property"), provided such Easement shall not extend to the interior of
any building or other improvement located on the Real Property.
This grant is made on the following terms:
1. Authorized Uses By THE CITY OF MCCALL. THE CITY OF MCCALL's
use of the Easement granted herein shall be in connection with the construction and
improvement of sidewalks on adjoining and abutting property owned by the Grantor, for
access and egress for equipment and vehicles, for construction of new stormwater
facilities, repairs to pavement and landscaping, excavation, storage of earth and other
materials thereon, for surveying, and for all other reasonable uses that are necessary,
advisable or convenient to THE CITY OF MCCALL in connection with such construction
and improvement project as detailed on Exhibit"B"attached hereto and by this reference
made a part hereof.
2. Use by Others under THE CITY OF MCCALL. THE CITY OF MCCALL's
right to so use the Real Property during the term of the Easement shall extend to use by
THE CITY OF MCCALL's employees, contractors and agents.
3. Term. This Easement shall be for a term commencing on the date of the
GRANTOR's execution of this Indenture and terminating 90 days from the commencing
date. On the expiration of the term of this Easement, the rights and privileges granted
to THE CITY OF MCCALL hereunder shall cease and terminate and this Easement shall
be null and void and of no further force and effect.
4. Indemnification. To the extent permitted by Idaho law, THE CITY OF
MCCALL hereby agrees to indemnify and hold GRANTOR harmless from and against
any and all claims for loss, injury, death and damage caused by or arising out of the use
of the Real Property by THE CITY OF MCCALL, its employees, contractors and agents,
hereunder, and including, without limitation, attorney's fees and costs that might be
incurred by GRANTOR in defending any such claims.
5. Restoration on Expiration of Term. As provided on Exhibit "A" hereto, on
the expiration of the term of this Easement the Real Property shall be restored by THE
CITY OF MCCALL, at its sole cost and expense, to at least as good a condition as
existing on the date of this Agreement.
6. Binding Effect. This Easement, and the covenants and agreements herein
contained, shall, during the entire term hereof, be binding upon and accepted to the
benefit of(i)THE CITY OF MCCALL AND GRANTOR, respectively, and their successors
and assigns, and (ii)their respective interests in the Real Property.
TO HAVE AND TO HOLD this Easement unto THE CITY OF MCCALL for the
term hereinabove set forth.
GRANTOR covenants to THE CITY OF MCCALL that THE CITY OF MCCALL
shall enjoy the quiet and peaceful non-exclusive possession of the Real Property
pursuant to the Easement granted hereby throughout the term hereof; and, GRANTOR
warrants to THE CITY OF MCCALL that GRANTOR is lawfully seized and possessed of
the Real Property and has the right and authority to grant this Easement to THE CITY
OF MCCALL.
N WITNESS WHEREOF, this Temporary Construction Easement has been duly
exec t:d by th- •arties, the day, month and year herein first above written.
c RAN '
ABS ID-O LLC
Bradley R. Beckstrom
Authorized Signatory
THE CI OF MCCALL
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THIS EASEMENT IS NOT TO BE RECORDED