HomeMy WebLinkAbout1990 – NMID License AgreementLICENSE AGREEMENT, made and entered into this 7th day
of August , L99O, by and between NAMPA & MERIDIAN IRRIGATION
DrsTRIcT, an irrigation district organized and existing under and
by virtue of the laws of the State of Idaho, party of the first
part, hereinafter referred to as the rrDistrict", and CITY oF
MERIDIAN, a nunicipal corporation, party or parties of the secondpart, hereinafter referred to as the rrl,icenseerr,
W I T N E S S E T H:
WHEREAS, the Licensee desires to place a sewer line inpublic right of way (burdened with the easement of the District
hereinafter mentioned) particularly described in thet'Description of Licenseers Landsrr attached hereto as Exhibit A
and by this reference made a part hereof; and,
WHEREAS, the District is the owner of the irrigation
ditch or canal kno\.rn as EIGHTMfLE LATERAL together with the
easement therefor, including the easement to convey irrigationwater in such ditch or canal and the easement to operate,
rnaintain and repair such ditch or canal, and includes an easement
of ingress and egress for those purposes, and which ditch or
canal is an integral part of the irrigation works and system of
the District and which ditch or canal and the said easements
therefor cross and intersect said described real property of the
Licensee as shown on Exhibit B attached hereto and by this
reference nade a part hereofi and,
WHEREAS, the Licensee desires a license toditch or canal in its course across the lands of thethe nanner hereinafter appearing and under theconditions hereinafter set forth i
cross said
Licensee i-nterms and
NOW, THEREFORE, for and in consideratj-on of theprernises and of the covenants, agreements and conditionshereinafter set forth, the parties agree each with the other as
f ol,I ows :
1. The Licensee sha11 have the right to cross saidditch or canal in the manner specified in the rrPurpose of
Lj-censerr attached hereto as Exhibit c and by this reference made
a part hereof.
said ditch Any
or
alteration, rnodification or change in location of
canal by the Licensee sha1I be perforrned in
LICENSE AGREEMENT Page 1
LICENSE AGREEI,IENT
accordance uith the 'iSpecial conditionsrr stated in Exhj,bit D,
attached hereto and by this reference made a part hereof.
2. Any facilities constructed by the Licensee in
altering, modifying or changing the location of said ditch or
canal shall be constructed, maintained and kept in repair and
kept clean at all times, by the Licensee, and at the cost and
expense of the Licensee, and the conduit therein shaIl be
naintained and kept in repair and kept clean at aII times, for
the fuII flow of water therein, by the Licensee, and at the cost
and expense of the Licensee.
3. The Licensee agrees to construct and maintain anyfacilities constructed by the Licensee in said ditch or canalpursuant to this agreement in a safe condition to the end thatthe ditch or canal shal1 not constitute a hazard to any person or
persons, and to indemnify and keep indemnified the District from
all clairns for darnages arising out of any hazard or negligence in
the construction, operation, maintenance and repair of saidfacilities or the fail,ure of the Licensee to keep the same insafe condition.
4. The alteration, nodification or change in locatj.onof said ditch or canal shall be accomplished by the Licensee at
such times and in such seasons and in such nanner so as not tointerrupt or interfere with the flow of irrigation water in saidditch or canal , or with the delivery of irrigation water by theDistrict to any of its landowners.
5. The Licensee agrees to indernnify and keep
indernnified the District fron all clairns of any of its landownersfor danages from the impairment of the flow of irrigation waterin said ditch or canal which nay be caused by said crossing ofsaid ditch or canal , or any use or condition of any suchfacilities constructed by the Licensee at any time, or fron the
irnpairment of the flow of irrigation water therein from thefailure of the Licensee to maintain and keep in repair the saidditch or canal- and such facilities or to rnaintain and keep cleanthe conduit in sai.d facilities for the full flow of irrigationwater through said ditch or canal and the facilities, if any,
constructed therein by the Licensee.
6. The District reserves the right, at its option, to
remove any inpediment to the flow of water through said ditch orcanal and any facilities instaLled therein by the Licensee, andto remove any hazards to person or property which may arise by
reason of the alteration, modification or change in Location madeby the Licensee, at any time, and the Licensee agrees to pay tothe District, on demand, the costs which shal1 be reasonably
LICENSE AGREEMENT - Page 2
the District, on demand, the costs which shall be reasonably
expended by the District for such purposes. If the Licensee
sha11 fail in any respect to properly maintain and repair suchaltered, roodified or relocated portion of said ditch or canal,
then the District, at its option, and without inpairing or in
anywise affecting its other rights and renedies hereunder, shalI
have the right to perfono the necessary roaintenance and repai-rs
and the Licensee agrees to pay to the District, on deroand, the
cost or expense which sha1l be reasonably expended or incurred by
the District for such purposes.
7. The Licensee agrees that the work performed and the
naterials used in altering, rnodifying or changing the location of
said ditch or cana1, at all times sha1l be subj ect to inspectionby the District and by the engineers for the District, and thatfinal acceptance of the construction work shalL not be made untilall such rrork and materials shall have been expressly approved by
the District.
8. The Licensee agrees that the District shaLl not beliable for any danages which shall occur to any plants,
structures or any other irnprovements of any kind or nature
whatsoever rrhich the Lj.censee shall place, raise, construct orinstalt on the said easenent area of the District, in the
reasonable exercise of the rights of the District in' the courseof performance of rnaintenance or repair of said ditch or canal.
The Licensee further agrees to suspend its use of the said
easenent area rrhen the use of the easement area is required bythe District for naintenance or repair under this or any other
paragraph of this agreenent.
9. The Licensee acknowledges that its use of its saidproperty hereinbefore described rnight, either now or at somefuture ti.ne, cause an increase in the amount of surface rrater or
ground water draining or wasting into said ditch or canal or someother ditch or canaL of the District. The Licensee understandsand agrees that it has no right to drain or waste into saidfacilities of the District more surface or ground uater thandrains or rrastes fron said property of the Licensee in itspresent state and condition. The Licensee expressly agrees thatit shall not cause, suffer or permit any such addj-tj-onal surfaceor ground irater to drain or waste into said facilities of theDistrict unless the Licensee shall have (1) obtained all
necessary rights of way or easenents for the draining or wastingof such additional water and (2) created the necessary additionalcarrying capacity in the ditches, pipelines or other facilitiesthrough which such additional water i.s to be carried and (3)
complied with aII statutes, regulations, ordinances, and otherlaws regardingi the discharge of drainage or waste water into
LTCENSE AGRXEI{ENT - Page 3
surface streams, whether natural or artificial, and into aquifersor other bodies of ground water and (4) renoved all pollutants,
contaminants, debris and other foreign material which in any
manner have been placed in or mixed with such additional waterlrhile on the said property of the Licensee, and in the event of
any dispute as to the source of such pollutants, contaminants,
debris or other foreign rnaterial, the burden sha1l be
upon the Licensee to show that the pollutants, contaninants,debris or foreign naterial do not cone from the Licenseers saidproperty. The Licensee expressly agrees that the District shallbe entitled to enforce compliance with the provisions of this
paragraph by injunction and that violation of the provisions ofthis paragraph shall be sufficient cause for issuance of apreliruinary or perrnanent injunction. The right to suchinjunctive relief, and any other remedies set forth herein, shallbe curnulative of any other remedies available to the District
under the Ia$rs of the state of Idaho. If the Licensee shaIlcause, suffer or permit any such additional water to drain or
waste into said ditch or canal or into any other facility of theDistrict without having cornplied with the reguirements of thisparagraph, the District shal1 have the right to stop suchadditional water from draining or wasting into said ditch orcanal or any other facility of the District, and the Licensee
agrees to reimburse the District on denand for the costs and
expenses expended or incurred by the District in stopping such
drainage or wasting.
l-0. The Licensee agrees to reimburse the District for
any costs and expenses incurred by the District in enforcing anyof the provisions of this agreement, including reasonableattorneyrs fees.
11. The parties hereto understand and agree that the
Lj.censee has no right to in any respect inpair the uses and
purposes of the irrigation works and systerD of the District, bythis contract, nor to grant any rights in its irrigation worksand systern incoropatible with the uses to which such irrigation
works and systen are devoted and dedicated and that this contractshalL be at all tirnes construed according to such principles.
L2. Nothing herein contained sha11 be construed toiurpair the easement and right of hray of the District in the saidditch or canal and a1I uses of said ditch or canal and the saidaltered, nodified or changed Location of said ditch or canal andthe license herein provided therefor shall renain inferior andsubservient to the rights of the District to the use of saidditch or canal for the transmission and delivery of lrrigationwater,
LTCENSE AGREEI.{ENT - Page 4
L3. fn the event of the failure, refusal or neglect of
the Licensee to conply with aII of the tenns and conditions of
this contract, then the license of the Licensee under the terms
hereof nay be terminated by the District, and all structures in
or over said ditch or canaf, and the right of way therefor, r.rhich
nay inpede or restrict the maintenance and operation of such
ditch or canal by the District Lrith its eguiprnent for the
naintenance of its said ditch or canal may be removed by the
District .
14. The Licensee acknowledges that the license herein
granted is for his or its benefit, and not for the benefit of the
District, and, for that reason, the Licensee agrees to pay any
attorney fees or engineering fees charged by the attorney for theDistrict or by the engineers for the District in connection withthe preparation of this License Agreement or in connection with
negotiations covering the terms and conditions of this License
Agreement.
15. The word rrLicenseert, if used in the neuter in this
agreenent, includes the masculine and ferninine genders, thesingnrlar number includes the p1uraI, and the p1ura1 number
includes the singular,
The covenants, conditions and aqreements herein
contained shall constitute covenants to run with, and runningrrith, all of the lands of the Licensee described in said ExhibitA, and shall be binding on each of the parties hereto and on a1lparties and all persons claining under then or either of then,
and the advantages hereof shal1 inure to the benefit of each ofthe parties hereto and their respective successors and assigns.
IN WITI{ESS WHERXOF, the District has hereunto causedits corporate name to be subscribed by its officers first
hereunto duly authorized by resolution of its Board of Directorsand the Licensee has hereunto subscribed his nane, or if acorporation, has hereunto caused its corporate name to besubscribed and its seal to be affixed by it officers firstthereunto duly authorized by resolution of its Board ofDirectors, al,I as of the day and year herein first abovewritten.
NAI{PA & MERIDIAN IRRIGATION DTSTRICT
By ft),lL,"^_
LICENSE AGREE!,IENT - Page 5
U Its President
ATTEST:
ATTEST:
Its Secretary
CITY OF MERI DIAN
vlt r-
(Io-k-
'ta,I
Lf CENSE AGREEIiIENT - page 5
STATE OF I DAHO
county of canyon
is 7th day of August , 1990, before ne, the
)
)
)
undersig
appeared
undersign
appeared
on thned, aJ.A Notary Pu]rlic in. Bob t{illiams and
State, personally
known to me
set my hand andthis certificate
State, personally
, known to ne
set my hand andthis certificate
and for
Daren R.
sa id
Coon
to be the President and Secretary, respectively, of NAMPA &
I'{ERIDIAN IRRIGATIoN DISTRIcT, the irrigation district that
executed the foregoing instrument and acknowledged to ne that
such irrigation district executed the same.
IN WITNESS WHEREoF, I have hereunto
affixed Ery official seal , the day and year in
first above written.
Notary Public r Idaho
Residing at Cal&re1l, Idaho
My Cornrnission Exp ires z 77lMl94
STATE OF IDAHO
county of Ada
on this |1fu auy or.Iul,l , L99o, before me, the
ry c in aria
and Jacl+
ed a Nota Publ i
rtt h f I
for saidnimannto be ]|'}re n/Lay o r and Ci rk respectively, of eITY or.
!{ERrDrAN, thE nfnicipal corpTration ttrat executed the foregoing
instrument and acknonLedged to ne that such rnunicipal corporation
executed the same.
{vc
IN WTTNESS WHEREOF,affixed ny official seal, the
I have hereunto
day and year in
"'"'"""'"$.iff;j';2
i+;,;ffi
/[r,^;2"
Residing at
ic -for Idaho
bo'4k-, Idaho
Notary Pub
LICENSE AGREEMENT - Page 7
My commission Expires:lo -11- ?a-
)
)
)
AdaNwtr, section
county, Idaho.
LICENSE AGREEMENT Page 8
EXETBIT A
Leqal Description
11, Township 3 North, Range 1 West, B.M.,
EXITTBIT B
There is no Exhibit B attached to this AgreerBent.
LICENSE AGREEMENT Page 9
B)(EIBTT C
Purpose of License
The purpose of this License Agreement is to permit Licensee
to install a L0 inch sewer line encased in 18 inch steel casingt
under Eightnile Lateral on Ten l,!ile Road approxinately one
quarter mile south of cherry Lane Road, Meridian, Idaho.
LTCENSE AGREEMENT - Page L0
EXIIIBIT D
Special Conditions
L. construction shall be in accordance with certain plans
consisting of five sheets nuabered 1 through 5 dated May 1, 1,990,
prepared by Hubble Engineering, Inc. and entitled r'1990 Ten Mile
Road Sewer and water Extension. rr These plans have been subroitted
to the water superintendent for the District, are in his
possession in his offj-ces, and are hereby incorporated by this
reference.
2. Licensee sha11 notify the rrater superintendent of the
District prior to and imnediately after construction so that he
or the Districtrs engineers may inspect and approve construction.
ff the Districtts engineers perforn such inspection, Licensee
shall pay the District's engineers any fee charged in connection
therewith.
3. Licensee sha1l place no structures of any kind above
ground on the Districtts easenent area except as referred to in
this agreement or exhibits thereto without the prior written
consent of the District. The Districtts easenent along this
section of Eightnile Lateral is 60 feet, 30 feet on each side of
centerline.
LICENSE AGREEMENT - Page 11