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Home My WebLink AboutLicense Agreement with Nampa Meridian Irrigation District NMID for Master Pathway City of Meridian Public Works Dept. RECEIVED JUN 1 4 2005 Memo City Of Meridian City Clerk Office To: Mayor de Weerd & City Council From: Brad Watson, P.E. CC: File, Doug Strong, City Clerk Date: 6/14105 He: June 21 City Council Meeting Agenda Item The Public Works Department respectfully requests that the following item be placed on the June 21 City Council agenda, on the Consent Agenda, for Council's consideration: Three DartY License Aareement with NafTlDa & Meridian Irrieation District - Master Pathwav Aareemenl This agreement is for a public pathway to be constructed in conjunction with Vallin Court Subdivision. This is a three party agreement between the Nampa & Meridian Irrigation District, Woodside Properties LLC, and the City of Meridian. The purpose of this agreement is to delineate the responsibilities among the parties during and after construction. During the construction period the agreement is between the NMID and Woodside Properties LLC, and upon the final acceptance of the pathway by the City of Meridian, the developer drops out of the agreement, and the City becomes the Licensee. This will cut out a neœssa¡y step of having to re-license the crossing to the City of Meridian once it is complete. Recommended Council Action: Approve the license agreement with Nampa & Meridian Irrigation District, Woodside Properties LLC and the City of Meridian, and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this - day of ,2005, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first party, hereinafter referred to as the "District," and THE CITY OF MERIDIAN, a political subdivision and municipality of the State ofIdaho (hereinafter "City"). party or parties of the second part, hereinafter referred to as the "Licensee," ~!I~E~H:r!!: WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and Maintaining Pathways for public use along and across some of the District's ditches and within some of the District's easements and fee title lands dated December 19, 2000, recorded as Instrument No. 100102999, records of Ada County, Idaho, hereinafter referred to as the "Master Pathway Agreement;'" and, WHEREAS, the District and the City intended by entering the Master Pathway Agreement to accomplish the following in a manner that is consistent with their respective legal and fiduciary responsibilities; to enhance the City's pathway planning though early consultation between the City and the District; to establish a process for the City's submission of pathway requests and the District's consideration of such requests; and to provide the general conditions for the District's approval and authorization of pathway requests affecting the District's ditches, property, operations and maintenance; and, WHEREAS, the District grants to licensee the right develop pathways to encroach within the District's easements along and across the District's ditches, canals and easements therefor upon the terms and conditions of said Master Pathway Agreement and after the execution of a license agreement for each proposed crossing and encroachment; and, WHEREAS, the Licensee is the owner of the real property easement / right of way (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District controls the irrigation ditch or canal known as FINCH LATERAL (aka South Slough (hereinafter collectively referred to as "ditch or canal") together with the real property and/or easements to convey irrigation water, to operate and maintain the ditch or canal, and which crosses and intersects said described real property of the licensee as shown on Exhibit B attached hereto and by this reference made a part hereof; and, LICENSE AGREEMENT - Page 1 WHEREAS, the licensee desires a license to perform or authorize construction to pave a pathway within the District's easement for the Finch Lateral under the terms and conditions of said Master Pathway Agreement and those hereinafter set forth, NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth and those set forth in said Master Pathway Agreement, the parties hereto agree as follows: 1. licensee may perform construction involving the paving of the pathway on the north side of the Finch Lateral, within the District's easement for said ditch, located within the Yellin Court Subdivision, located south west of the intersection of Ustick Road and Meridian Road, Meridian, Ada County, Idaho. 2. Any construction, widening or crossing of said ditch or canal shall be performed in accordance with the "Special Conditions" stated in Exhibit C, attached hereto and by this reference made part thereof. 3. The permitted hours of use of the pathway shall be one half hour before sunrise to one half hour after sunset. 4. The parties hereto incorporate in and make part of this License Agreement all the covenants, conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the provisions of this license Agreement. The covenants, conditions and agreements herein contained and incorporated by reference shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the licensee has hereunto subscribed its corporate name to be subscribed and its seal to be affixed thereto, all as of the day and year herein first above written. NAMPA & MERIDIAN IRRIGATION DISTRICT By Its President ATTEST: Its Secretary LICENSE AGREEMENT - Page 2 THE CITY OF MERIDIAN By ATTEST: STATE OF IDAHO ) ) ss: ) County of Canyon On this - day of ,2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Monte S. Janicek and Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at , Idaho My Commission Expires: STATE OF IDAHO ) ) ss: ) County of- On this - day of ,2005, before me, the undersigned, a Notary Public in and for said State, personally appeared and , known to me to be the and , respectively, of The CITY OF MERIDIAN, the entity that executed the foregoing instrument and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Residing at My Commission Expires: LICENSE AGREEMENT - Page 3 EXHIBIT A Le¡¡al DescriDtion Idaho. In the North East 114, Section 1, Township 3 North, Range I West, B.M., Meridian, Ada County, EXHIBIT C Special Conditions a. Construction and location of the þathwayshalI be in accordance with certain plans consisting of one sheet entitled "Vallin Court Subdivision, Landscape Plan", revisions dated April 26, 2005. Thisplan has been delivered to the District's water superintendent, is in his possession in his office, and is hereby incorporated by this reference. b. The District's easement for this section ofthe Finch Lateral is 80 feet, 40 feet to either side of the centerline. Construction shall be completed not later than one year from the date of this agreement. Time is of the essence. LICENSE AGREEMENT - Page 4 ~. . .., '.' - j FIlCh LEraI(Ma SoUh SIou;I) I . in NE114, S.1, TJN, R1V( B.M., I Ada CoIIqIdn ~ 19M1J Exhibit B