HomeMy WebLinkAboutOwyhee Holdings, LLC. Ground Lease Agreement Can Ada Lift Station Property GROUND LEASE AGREEMENT
by and between
Owyhee Holdings, LLC and the City of Meridian, Idaho
THIS GROUND LEASE AGREEMENT ("Lease") is made and entered into this 6th day of September,
2022, by and between OWYHEE HOLDINGS, LLC, an Idaho limited liability company and its successors and assigns,
hereinafter referred to as the"Lessor,"and THE CITY OF MERIDIAN, IDAHO, hereinafter referred to as"Lessee"or
"City." Lessee or Lessor may each individually be referred to as a"Panty"or collectively, as the"Parties".
RECITALS
WHEREAS, Lessor owns certain real property in Ada County Idaho,generally located south of McMillan Road
and east of N. Can Ada Road, Ada County Parcel Number S0431223100, legally described on Exhibit A, attached
hereto and incorporated herein ("Lessor Property"); and
WHEREAS, Lessor intends to develop Lessor Property and eventually seek annexation of Lessor Property
into the City of Meridian; and
WHEREAS, the City intends to provide sewer service to Lessor's Property and other properties within the
City's municipal service area and,to that end,City desires to construct a sanitary sewer lift station("Lift Station")which
Lift Station will be owned and operated by the City as part of its municipal sanitary sewer collection system,and which
will be located on a portion of the Lessor Property (the "Leased Premises" or"Premises"), as legally described on
Exhibit B and graphically depicted on Exhibit C, both of which are attached hereto and incorporated herein;and
WHEREAS, Lessor and the City wish to enter into this Lease for the Leased Premises subject to the terms
and conditions herein.
NOW, THEREFORE, in consideration of the above recitals, and the benefits, covenants and agreements
hereinafter mentioned on the part and behalf of the parties,the parties agree as follows:
1. LEASE: Lessor shall lease to Lessee and Lessee shall lease from Lessor the Leased Premises
subject to the following terms and conditions.
2. RENT: Lessor and Lessee hereby waive monetary rent and agree that the mutual benefits
provided herein constitute adequate consideration for this Lease. The mutual benefits include but are not
limited to Lessee's ability to construct and operate the Lift Station in advance of platting and Lessor having
the benefit of sewer service sooner than would otherwise be available.
3. TERM: This Lease shall be for the term of four(4)years(the"Primary Term"), unless extended or
earlier terminated as provided herein, commencing on September 1, 2022(the"Lease Commencement Date").
4. LEASE EXTENSION: Provided that Lessee commences construction of the Lift Station prior to the
expiration of the Primary Term then, this Lease shall automatically be renewed for successive ten-year terms, not to
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exceed 100 additional years, unless otherwise agreed to in writing by the parties(each such 10-year renewal period a
"Renewal Term"). "Commences construction" means the first placement of permanent construction of a structure on
the Leased Premises, such as the pouring of slab or footings, the installation of pile, the construction of columns, or
any work beyond the stage of excavation, clearing, grading and grading. In the event that Lessee fails to use best
efforts to operate the Lift Station after the first or subsequent Renewal Term,then this Lease shall terminate at the end
of that first or subsequent Renewal Term upon written notice by Lessor to Lessee, so long as such notice is provided
to Lessee a minimum of six(6) months prior to the end of said Renewal Term.
5. PREMISES/LESSEE IMPROVEMENTS: On the Lease Commencement Date, Lessor shall deliver
the Premises, and Lessee agrees to accept the Premises, in its"as-is"condition, as of the date thereof. Lessor shall
not be obligated to perform any work or furnish any other materials in,to or about the Premises in order to prepare the
Premises for use or occupancy by Lessee or otherwise. Lessee agrees that in executing this Lease, it has not relied
upon any statements, representations, covenants or warranties made by Lessor or any person acting on behalf of
Lessor other than those, if any, expressly set forth in this Lease and on such investigations, examinations and
inspections as Lessee has chosen to make or has made. Lessee has retained a consultant to conduct a Phase 1
Environmental Site Assessment("ESA")of the Premises, but the Parties acknowledge the results of the ESA may not
be available prior to the Lease Commencement Date.Therefore,the Parties agree that, notwithstanding Sections 3 or
any other provision of this Lease, Lessee shall be permitted to terminate this Lease within thirty(30)days of receiving
the final ESA if Lessee is not satisfied with the condition of the Premises. Lessee shall provide copies of any
environmental site assessments to Lessor.
6. USE OF LEASED PREMISES: Lessee covenants and agrees that the Leased Premises shall be
used for a sanitary sewer lift station, and the construction,operation, and maintenance thereof(the"Permitted Use"),
and shall not be used for any other purpose or purposes without the prior written consent of Lessor.
7. LESSEE WORK: Lessee, at its sole cost, will perform all of Lessee's work, which shall include all
improvements, furniture and fixtures necessary to construct and operate a fully-functional sanitary sewer lift station
(collectively, "Lessee Work"). Lessee will use reasonable efforts and due diligence to obtain all permits required for
Lessees Work. Lessee Work will be done in a good and workmanlike manner,and in compliance with all governmental
requirements. Prior to the commencement of any Lessee Work, Lessee will submit evidence of the insurance required
pursuant to this Lease, including evidence of worker's compensation insurance. Lessee Work must commence prior to
the expiration of the Primary Term or Lessee will be deemed in default of this Lease. Lessee Work will also include any
and all work necessary to work around, relocate or reconstruct the settling pool and related facilities currently located
on the Leased Premises adjacent to N. Can Ada Road.
8. LEASED PREMISES: Within three months of completion of Lessee Work, Lessee shall cause
Lessor's Property surrounding the Lift Station to be re-surveyed and the boundaries of the Leased Premises shall be
reduced as much as is reasonably practical.The parties agree to amend this Lease to formally document the reduction
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of the Leased Premises by replacing Exhibit B and Exhibit C with a final Record of Survey and an updated graphical
depiction, respectively.
9. EARLY TERMINATION: The parties agree that upon completion of the Lift Station,
notwithstanding the Lease Term provided above,this Lease shall terminate upon (i)annexation of the Leased
Premises into the City and (ii)City's acceptance of Gift Deed for the Leased Premises, as more particularly described
in Section 11, herein, and in a form substantially similar to that Gift Deed attached hereto as Exhibit D.
10. LEASE TERMINATION: Unless earlier terminated as forth in Section 9, if this Lease is terminated
in good faith in accordance with the terms of this Lease, Lessee shall remove any improvements on the Leased
Premises and restore the Leased Premises to the condition that they were in upon commencement of this Lease,
unless otherwise agreed by Lessor and Lessee by separate written agreement.
11. GIFT DEED: Upon completion of the Lift Station and annexation of the Lessor Property into the City,
Lessor shall deed the Leased Premises to the City. In so deeding the Leased Premises, the parties will utilize the
services of an escrow agent to allocate property and other taxes between the Parties and to carry out instructions
related to the recording of the Gift Deed.The parties agree to share(50/50)the expenses related to the services of the
escrow agent and any related recording fees.The Parties will each submit escrow instructions to escrow agent before
City's acceptance of the Gift Deed. City reserves the right to perform a Level I Environmental Site Assessment prior to
accepting the Gift Deed, and City reserves the right to purchase an Owner's Title Policy at City's expense. City will
acknowledge receipt of the Gift Deed,and Lessor shall be responsible for establishing value and other related matters.
Concurrently with recordation of the Gift Deed in the land records of Ada County,the parties will execute and record a
notice of Termination of Lease.
12. ALTERATIONS AND IMPROVEMENTS: Lessee shall have the right to make alterations and
improvements to the Leased Premises that are consistent with the ongoing construction, operation and maintenance
of the Lift Station. Lessee shall maintain all such alterations and improvements made by Lessee in a neat and orderly
condition. Lessee's subsequent operation, maintenance, repair, replacement, removal or abandonment of the Lift
Station and other improvements shall comply with all design guidelines applicable to the Leased Premises and all
requirements and standards for construction, operation and/or abandonment of Lift Stations.
13. COMPLIANCE WITH LAW: Lessee agrees to comply with all municipal, state and federal laws,
rules, regulations and ordinances governing its use of the Leased Premises and Lift Station and to do all things
necessary to stay in compliance with the same.
14. UTILITIES: It is expressly agreed that during the term of this Lease, Lessee shall furnish and
promptly pay for any utilities required for the Leased Premises and improvements at Lessee's own cost and expense.
15. TAXES AND ASSESSMENTS: Lessor shall pay all real estate taxes and other assessments of any
kind levied against the Leased Premises during the term of this Lease as the same become due.
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16. ASSIGNMENT OR SUBLEASING: Lessee shall not assign this Lease nor sublet to any other lessee
the Leased Premises or any portion thereof, without Lessor's prior written consent; provided, however, such consent
shall not be unreasonably withheld by Lessor.
17. LABOR CONTRACTS AND EMPLOYEES: The parties expressly covenant and agree that all labor
contracts and employment agreements with employees or contractors providing services or materials to or construction
upon the Leased Premises shall be made directly with Lessee and that all such employees and contractors shall be
deemed solely the employees or contractors of Lessee and in no way employees or contractors of Lessor. Lessee
covenants and agrees to keep the Leased Premises free and clear of any claims,including but not limited to mechanics
or materialmen's liens, and to the extent permitted by Idaho law indemnify and hold harmless Lessor of and from any
liability for any acts of employees of Lessee or any acts of persons working for Lessee under a labor contract.
18. WASTE PROHIBITED: Lessee shall not commit any waste or damage to the Leased Premises nor
permit any waste or damage to be done thereto.
19. LIABILITY: Lessor shall not be liable for any injury or damage which may be sustained by any
person or property of the Lessee or any other person or persons resulting from the condition of the Leased Premises
or any part thereof, or from the subsurface, or from any other source or cause whatsoever, nor shall the Lessor be
liable for any defect, latent or otherwise, in the Leased Premises, Lift Station or structures erected on the Leased
Premises.
20. LESSEE INSURANCE: Lessee,at its cost,will maintain the following insurance on the Premises at
all times from and after the Commencement Date or any earlier date as Lessee may enter the Premises:
20.1. Commercial general liability insurance policy ("Lessee's CGL") (in a form substantially
similar to the sample set forth in Exhibit E), providing coverage against any and all claims for bodily harm and property
damage occurring in or on the Premises and/or arising out of or in any way related to the use and occupancy of the
Premises by Lessee and, and including broad form blanket contractual coverage covering Lessee's obligations under
this Lease.The insurance will have a combined single limit of not less than$1,000,000 per occurrence and$2,000,000
in the aggregate limit per location umbrella coverage. Lessor(and upon request, Lessor's mortgagees)will be named
as a Certificate Holder on Lessee's CGL policy. Lessee's CGL will be primary with regard to the Premises (not
contributory with any insurance carried by Lessor) and include broad form contractual coverage arising out of this
Lease. In no event will the limits of Lessee's CGL be considered as limiting Lessee's liability under this Lease.
20.2. Property insurance insuring against loss or damage resulting from perils covered by the
causes of loss—special form ("Lessee's Property Insurance") (in a form substantially similar to the sample set forth
in Exhibit E). Lessee's Property Insurance will be written for the Insurable Value of Lessee's F&E and other
improvements located on the Premises, together with the business interruption coverage as Lessee desires and does
not wish to assume the risk for. Lessor(and upon request, Lessor's mortgagees)will be named as a Certificate Holder
on Lessee's Property Insurance, as their interests may appear.
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20.3. All insurance required to be maintained by Lessee will (a) be on an occurrence basis; (b)
provide primary coverage and not contributory with Lessor's insurance coverage;(c)require thirty(30)days prior written
notice to the Certificate Holder of any cancellation or reduction in coverage; (d) be written by insurance companies
licensed to do business in the State of Idaho. The insurance may be provided by a blanket policy covering additional
locations. Lessee will provide Lessor with evidence of the required insurance on or before the Commencement Date.
21. CONDEMNATION: If the entire Leased Premises, or a substantial part thereof, are condemned or
taken by purchase in lieu thereof by any party other than Lessee, then this Lease shall terminate as of the time
possession is taken.
22. DEFAULT AND FORFEITURE: Time and the strict and faithful performance of each and every one
of the conditions of this Lease are expressly made the essence of this Lease. If Lessee defaults in the keeping,
performing or observing of any of the covenants and agreements herein contained and such default shall remain
uncured for a period of thirty(30)days after written notice shall have been sent by certified or registered mail to Lessee
as hereinafter provided, then in such event the Lessor may, at Lessor's election, either in law or equity, seek specific
performance of this Lease or may declare said Lease forfeited and terminated and may re-enter the Leased Premises
to repossess and enjoy the same as in their first estate, and the effect of such default shall in itself, at the election of
Lessor, without further notice or demand constitute a forfeiture and termination of this Lease, and if thereafter the
Lessee shall fail to surrender possession of the Leased Premises to Lessor, the Lessee shall be deemed guilty of an
unlawful and forcible detention of the Leased Premises. If Lessee shall abandon or vacate the Leased Premises, or if
this Lease be terminated for default of any of the covenants and agreements herein contained, Lessee hereby agrees
to pay all reasonable expenses incurred by Lessor in obtaining possession of the Leased Premises from Lessee and
in removing the improvements thereon,including reasonable legal expenses and attorney's fees,and to pay such other
expenses as the Lessor may incur in putting the Leased Premises in good order and condition as herein provided. In
the event of notification of default by Lessor to Lessee and Lessee does in fact cure such default, then and in that
event Lessee shall pay, in addition to all arrearages as existing under the notice of default, the reasonable attorney
fees incurred by Lessor in determination of the default and the notification to the defaulting Lessee.
23. QUIET ENJOYMENT: From and after the Commencement Date and provided that Lessee performs
all of its obligations under this Lease, Lessee's quiet enjoyment and possession of the Premises will not be disturbed
by Lessor, its successors or assigns, except as otherwise provided in this Lease.
24. ATTORNEY'S FEES: In the event an action is brought to enforce any of the terms or provisions of
this Lease, or enforce forfeiture thereof for default thereof by either of the parties hereto, the prevailing party in such
action or collection shall be entitled to recover from the other party its reasonable attorney's fee and costs, together
with such other costs as may be authorized by law
25. ENVIRONMENTAL: During the term of this Lease,Lessee will not deposit,store,dispose of or place
upon, about or under the Premises any Hazardous Substances in violation of any Environmental Law, as those terms
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are defined below. In the event Lessee will deposit, store, dispose of or place upon, about or under the Premises any
Hazardous Substance in violation of an Environmental Law, Lessee will, at its sole cost and expense, to the extent
permitted by Idaho law, indemnify,defend by counsel satisfactory to Lessor and hold Lessor harmless from any claim,
loss,liability,cost expense or damage resulting therefrom. If the violation requires the removal, remediation or disposal
of any Hazardous Substance, Lessee will promptly commence and complete the removal, remediation or disposal of
the Hazardous Substance ("Remediate" or"Remediation") in accordance with Environmental Law. If Lessee fails to
promptly commence and complete Remediation within thirty (30) days after written notice from Lessor, Lessor may
undertake the Remediation at Lessee's expense and all costs incurred by Lessor in connection with the Remediation
will be due and payable from Lessee to Lessor within ten (10)days after written demand."Hazardous Substances"will
mean any hazardous, toxic, dangerous materials or substances in violation of Environmental Laws. "Environmental
Laws"will mean Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C, §9601 et seq.
("CERCLA"); The Resource Conservation and Recovery Act, 42 U.S.C. §6501 et seq. ("RCRA"); The Superfund
Amendments and Preauthorization Act, 42 U.S.C. §9601 et seq. ("SARA") or any other federal or state statute, law,
ordinance or regulation related to environmental matters or liability.
26. NOTICES: All notices required to be given to each of the parties hereto under the terms of this
Lease shall be given by depositing a copy of such notice in the United States mail, postage prepaid and registered or
certified, return receipt requested,to the respective parties hereto at the following address:
Lessor: Owyhee Holdings LLC
839 S. Bridgeway Place
Eagle, ID 83616
Lessee: City of Meridian
33 E. Idaho
Meridian, ID 83642
or to such other address as may be designated by writing delivered to the other party. All notices given by certified
mail shall be deemed completed as of the date of mailing except as otherwise expressly provided herein.
27. REPRESENTATIONS: It is understood and agreed by and between the parties hereto that there
are no verbal promises, implied promises, agreements, stipulations, representations or warranties of any character
excepting those set forth in this Lease.
28. BINDING EFFECT: The provisions and stipulations hereof shall inure to the benefit of and bind the
heirs, executors, administrators, assigns and successors in interest of the respective parties hereto.
29. SITUS: This Lease is established and accepted by the Lessee under the laws of the State of Idaho,
and all questions concerning its validity, construction and administration shall be determined under such laws.
30. RECORDING: This Lease will not be recorded; however, Lessor or Lessee may record a
Memorandum of Lease.
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31. ESTOPPEL CERTIFICATES: Within seven (7)days of receipt of written request, Lessee will certify
in writing to all persons designated by the requesting party, in the form as reasonably required by Lessor or its
prospective buyer or lenders,the following matters: (i) Lessee has performed all of its obligations and is not in default
under this Lease, or if a default exists, specifying the default; (ii)that this Lease is in full force and effect; (iii)the date
to which Rent is paid and the amount of any prepaid Rent, IF ANY; (iv)that each person receiving the certification may
rely thereon for all purposes, (v) that Lessee does not claim any default by Lessor under the Lease (beyond the
applicable notice and cure periods), and (vi)other certifications as the requesting party may reasonably request.
32. GOVERNING LAW. The laws of the State of Idaho will govern the validity, performance and
enforcement of this Lease and venue for any action arising out of the Lease will be in Ada County, Idaho. Lessor and
Lessee hereby waive trial by jury in any action, proceeding or counterclaim brought by either against the other, upon
any matters whatsoever arising out of or in any way connected with this Lease, Lessee's use or occupancy of the
Premises and/or any claim of injury or damage.
33. HEADINGS: The bolded paragraph headings are for convenience only and are not a part of this
Lease and shall not be used in interpreting or construing this Lease agreement.
34. SEVERABILITY: If any portion or portions of this Lease shall be, for any reason, invalid or
unenforceable,the remaining portion or portions shall nevertheless be valid,enforceable and carried into effect,unless
to do so would clearly violate the present legal and valid intentions of the parties hereto.
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IN WITNESS WHEREOF, Lessor and Lessee do execute this Lease effective the day and year first above
written.
"Lessor"
OWYHEE HOLDINGS, LLC, an Idaho limited liability company
By: Idaho Holdings, LLC
Its Manager
B
Mark Bottles.
Manager
STATE OF IDAHO }
ss.
County of Ada }
This record was acknowledged before me on the c�-3 dayof—ON OA 1 2022 by Mark
Bottles, Manager of Idaho Holdings, LLC.
(SEAL) _
�••`'• ••MUJ� '�•,, NOTARY PUB IC FOR IDAHO
�`°`y.••"'•• Leo, RESIDING AT:_-(--A ae p D
w�'�pTARy s MY COMMISSION EXPS:I �2, — S{— 2
• • i.
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stati0n100747s.e1
"Lessee"
CITY OF MERIDIAN, IDAHO
By:
Robert E. Simison, Mayor 9-6-2022
Attest:
Chris Johnson, City Clerk 9-6-2022
STATE OF IDAHO )
ss.
County of Ada )
On this 6th day of September 2022, before me, the
undersigned, a Notary Public in and for said State, personally appeared Robert E. Simison and Chris Johnson, known
to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and
acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
first above written.
NOTARY PUBLIC FOR IDAHO
RESIDING AT: Meridian, ID
MY COMMISSION EXPIRES: 3-28-2028
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EXHIBIT A
Legal Description of Lessor's Property
A PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 31,TOWNSHIP 4
NORTH, RANGE 1 WEST,BOISE MERIDIAN,ADA COUNTY,STATE OF IDAHO,BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS!
COMHENCINfG AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 31,
TOWNSHIP 4 NORTH,RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO;
RUNNING THENCE EAST 1017 FEET ALONG THE SECTION LINE TO A POINT 54 FEET WEST
FROM THE CENTER LINE OF THE PHYLLIS CANAL, RUNNING THENCE SOUTH AND WEST
ALONG SAID PHYLLI5 CANAL AND 50 FEET DISTANT IRON THE CENTER LINE THEREOF TO
THE INTERSECTION WITH THE WEST LINE OF SAID QUARTER SECTION,THENCE NORTH
ALONG THE QUARTER SECTION LINE 2373 FEET TO THE PLACE OF BEGINNING,
EXCEPT THAT PORTION CONTAINED IN RIGHT-OF-WAY DEED DATED MARCH 18, 1916,
EXECUTED BY JOHN W. SMITH, AN UNMARRIED MAN, TO THE UNITED STATES OF AMERICA,
ACTING UNDER THE PROVISIONS OF THE ACT OF CONGRESS OF JUHE 17, 1902(32 STAT.
389)KNOWN AS THE RECLAMATION ACT, RECORDED MARCH 23, 1916,IN BOOK 119 OF
DEEDS AT PAGE 296, RECORDS OF ADA COUNTY, IDAHO
ALSO INCLUDING,LOTS I AND 2 AN THE EAST HALF OF THE NORTHWEST QUARTER OF
SECTION 31,TOWNS4iIP 4 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN,ADA COUNTY,
IDAHO.
FXCEPT THAT PORTION CONTAINED IN MIGHT-OF-WAY DEED DATED MAY S, 1916,
EXECUTED BY SARAH ANN SMITH, A WIDOW,TO THE UNITED STATES OF AMERICA, ACTING
UNDER THE PROVISIONS OF THE ACT OF CONGRESS OF JUNE 17, 1902(32 STATa 388)
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KNOWN AS THE RECLAMATION ACT, RECORDED MAY 15, 1916,IN BOOK 120 OF DEEDS AT
PAGE 113, RECORDS OF ADA COUNTY,IDAHO.
ALSO EXCEPT A PARCEL OF LAND SITUATED IN THE NORTH HALF OF SECTION 31,
TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY,STATE OF IDAH0,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE WEST QUARTER CORNER OF SECTION 31; THENCE ALONG THE SOUTH
LINE OF THE NORTyiWLST QUARTER OF SAID SECTION 31,
SOUIT"990'58'07"EAST 33.Do FEET TO A POIFIT IN THE EAST RIGHT-OF-WAY LINE OF
CAN ADA AVE FLUE, BEING THE TRUE POINT OF BEGINNING OF THE PARCEL HEREIN TO BE
DESCRIBED;THENCE ALONG SAID RIGHT-OF-WAY LINE
NORTH 0"07'58"FAST 11".35 FEET,THENCE
SOUTH 85038`31'EAST 2234.00 FEET;T'HENFCE
SOUTH 9034'5V VfEST 2 40.00 FEET;THENCE
SOUTH 4964WIV EAST 594.13 FEET;THENCE
SOUTH 0410L'W EAST 102.DO FEET TO A POINT IN THE NORTHERLY RIGHT-OF-WAY LINE
OF THE PHYLLIS CANAL ROAD;THENCE ALONG SAID RIGHT-OF-WAY LINE
SOUTH 82000'00"WEST 113.00 FEET TO A POINT IN THE EAST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 31; THFNCE ALONG SAID EAST LINE
50UTH 0001'54'EAST 2158.00 FEET TO THE CENTER OF SAID SECTION 31,THENCE ALONG
THE SOUTH LIN E of THE NORTHWEST QUARTER OF SAID SECTION 31,
NORTH 89Q58'07"WEST 2524.25 FEET TO THE TRUE POINT OF BEGINNING.
ALSO EXCEPTING A PORTION OF GOVERNMENT LOT 1 AND A PORTION OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 31,TOWNSHIP 4 NORTH, RANGE 1
WFST, BOISE MERIDIAN, ADA COUNTY, IDAH0, AND ALSO BEING THE LEWIS MCKELLIP
SURVEY IN RECORD OF SURVEY 827,ACCORDING TO THE SURVEY THEREOF, FILED IN
BOOK F OF SURVEYS AT PAGE 839, RECORDED AS INSTRUMENT NO.8567169, REC40RDS OF
ADA COUNTY,IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
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NORTHERLY BOUNDARY OF SAID FIVE MILE DRAIN, 95.63 FEET TO A POINT BEING THE
REAL POINT OF BEGINNING.
ALSO EXCEPTING.,
A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 4
NORTH, RANGE I WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORDER OF SAID SECTION 31 FROM WHICH THE
NORTHEAST CORNER OF SAID SECTION 31 REARS NORTH D09776" EAST, 2629.80 FEET;
THENCE ALONG THE SOUTH BOUNDARY LINE OF THE NORTHEAST QUARTER OF 03D
SECTION 31
NORTH 99034'51"WEST, 16".34 FEET; THENCE LEAVING SAID SOUTH BOUNDARV LINE
NORTH 00°35'06" EAST, 689.23 FEET TO A 112- IRON PIN ON THE EASTE RLY BOUNDARY
LSNE OF THAT PARCEL OF LAND AS DESCRIBED IN THAT WARRANTY DEED RECORDED AS
INSTRUMENT NO. 9172555, RECORDS OF ADA COUNTY, IDAHO, SAID POINT ALSO BEING
THE !TEAL POINT OF BEGINNING; THENCE
NORTH 37"40'77" WEST, 102.36 FEET TO A 1/2' IRON PIN; THENCE
NORTH 00005'43" EAST, 36 5.7 2 FEET TO A 1/2" IRON PIN; THENCE
SOUTH "1141'21" EAST, 64.20 FEET TO A 1/7" IRON PIN; THENCE
SOUTH 46°3+4'38" EAST, 66.82 FEET TO A 1/2" IRON PIN; THENCE
SOUTH 026 '47" WEST, 38.66 FEET TO A 1/2" IRON PIN; THENCE
SOUTH 36009'06" EAST, 14.22 FEET TO A 1/2" IRON PIN; THENCE
NORTH 89441'08" EAST, 32.06 FEET TO A 112" IRON PIN ON THE EASTERLY BOUNDARY
LINE OF THAT PARCEL OF LAND AS DESCRIBED IN THAT WARRANTY DEED RECORDED AS
INSTRUMENT NO. 9172555, RECORDS OF ADA COUNTY, IDAHO, SAID POINT ALSO BEING
ON A CURVE TO THE RIGHT; THENCE ALONG SAID WESTERLY BOUNDARY LINE AND SAID
CURVE BEING 50.00 FEET WESTERLY OF THE CENTERLINE OF THE PHYLLIS CANAL 31729
FEET, SAID CURVE HAVING A RADICES OF 655.59 FEET, A CENTRAL ANGLE OF 77°43'49" AND
A LONG CHORD OF 314.21 FEET WHICH BEARS
SOUTH 131"33'07" WEST TO THE REAL POINT OF SEGININING.
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1611777110 ground lease for owyhee holdings property for can ada lift
station/007476-81
EXHIBIT B
Legal Description of the Leased Premises
DESCRIP7'IDN FDR
CITY OF hMPJDIAN
A 1.5-9 ACRE PAR EM OF LAND
SITUATED IN THE NW 1/4 OF THE NW 114-OF SECTION 31
T,4 N.,R 1 W.,B-M,
A13A COUNTY,IDAHO
A parcel of land situated in the Northwost 114 of the Td"west'/,of Section 3 I,Township 4 North,Rwge 1
West,Boise Meridian,Ada County,Idaho,and more particularly described as follam-s;
Comanmr,ing at tho northwest co>l w of said Section 31,from which the southwen corner of said
Northwest'/#of Section 3l bcam South 0041'22"W"t 2648-19 reek;
thence along the westerly boundary of said Northwest Y4 of Section 31,being also the centerline of
Can-Ada Road.-South 0114I22"West 113-73 feet to the POINT OF BEGINNING;
thence leaving said mmesicdy boundary and centerline South 81"01'13'Emit 172.28 feet;
thence Swath W0344"East 1 14-63 feet;
thence Swath 00'41'22"WM 206.72 feet•,
fhcnoeNorth$93t$'38"We#275-04 f>e4 t4 said wesmrly boundary of the Northwest'/,of Section 31 and
centerline of Can-Ada Rand,
thmoe along$aid w rly lxwklary and aenterlineNorth 0"41'22"East 278-d4 feet to the POINT OF
13)E )INNING,comprisoag 1-59 acres,imme or l m.
Lift Station Lease Agreement- 13
16117771_10 ground lease for owyhee holdings property for can ada lift
s t at i on/007476-81
EXHIBIT C
Graphic depiction of Leased Premises
EXHB!T
PL4 T TO ACCOMPANY LEGAL DESCRIPTION
SITUATED IN THE NWI/4 OF THE NW1 4 OF SECT10N 31
I T4N R1W BM
f ADA COUNTY, IDAHO
1530L.- -. . — . - - - - - -
�361 31 — -
n
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1.59t ACRES
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va
N 89'18'38" W 275.00'
I
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Lift Station Lease Agreement- 14
16117771_10 ground lease for owyhee holdings property for can ada lift
station/007476-81
Exhibit D
Gift Deed
Recording requested by, and return to:
City of Meridian
33 E. Broadway Avenue
Meridian, Idaho 83642
GIFT DEED
Owyhee Holdings, LLC, an Idaho limited liability company ("Grantor") hereby grants
and conveys as a gift unto the City of Meridian, an Idaho municipal corporation, whose current
mailing address is 33 E. Broadway Avenue, Meridian, Idaho 83642 ("Grantee"), all of Grantor's
right,title and interest in that certain real property located in Ada County,Idaho, legally described
as ("Property"):
[INSERT LOT AND BLOCK, OR ATTACH EXHIBIT WITH METES AND BOUNDS
DESCRIPTION]
TO HAVE AND TO HOLD the Property, with its easements,water and water rights, and all other
rights and appurtenances unto Grantee, and Grantee's successors and assigns forever.
SUBJECT TO the lien of real property taxes for the then current calendar year not yet due
and payable, all matters of record or appearing from a careful inspection of the land, and anything
made, done or suffered by Grantee or Grantee's agents.
GRANTOR:
OWYHEE HOLDINGS,LLC, an Idaho limited
liability company
By: Idaho Holdings, LLC
Its Manager
Mark Bottles.
Manager
STATE OF IDAHO )
ss.
County of Ada )
This record was acknowledged before me on the_day of 2022
by Mark Bottles, Manager of Idaho Holdings, LLC.
Notary Public for Idaho
My commission expires:
Lift Station Lease Agreement- 15
16117771_ 10 ground lease for owyhee holdings property for can ada lift
s tat ion/007476-81
EXHIBIT E
Sample Certificate of Insurance Form
(City will update this with a current form prior to execution of Lease)
CERTIFICATE OF INSURANCE 1W00AW: M*.4.Y,M"3c,bld6 to.-"M Am
Agewt for Public lnkity: This—tiFkz i in r d as a mr4c of ilnrmasnn onhr"cmkrs no
_arras Fvllnwdt .ighv uppe fter.>Aum 6eMw. 7Fiy UsrdS ere4 ele*s rrpx#l]lrrss�+ty
Al♦Irrm,kan lmuraree Im. rga¢+ '7 amard,urdbzrrd ar atar lihp vapu aHwdel¢�Lh4 Po�'f
FE)I"6W hahre TH■entirwme of i, -a da s rmt a n ifi a carrwa*
61&JAn D 8M. he4naers[Irt 2v.rr.p rnra.rrRr're end tfir rertFedetoUrr.
Imuriwp F mi Pertoparrtr. F'4I06RAM dtP MIH6 C*KkuZ-,
Q,10 Merd'an Idaho{aunties P.isk ManaglownuR PrNran-4 Underwriters
n Eaat Ek edmv,:tr M P.O,Clore 15249
MMAL n 10 eases- Elaisa,1U 83715
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term 4 owdAarh d"sorrhaet A omher d,tr a&r,dpsd Lo 4 h the cerhfcak mry 6e rssrrrd Or maypertwn t'r rmuasnoe.ffurded 6r tie
Mors de6cribed heronrs"ma to all dr banns,mdusims and audbms of u.&pdia i Lma>t.Yrm rrrsy ha.e bx redLned by pad3.iaL
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Lift Station Lease Agreement- 16
16117771_10_ground lease for owyhee holdings property for can ada lift
station/007476-81
CERTIFICATE OF INSURANCE Issue Date: 8/17/2022
Agent for Public Entity: This certificate is issued as a matter of information only and confers no
James Fullinwider rights upon the certificate holder. This certificate does not affirmatively
All American Insurance Inc. or negatively amend,extend or alter the coverage afforded by the policy
below. This certificate of insurance does not constitute a contract
929 N Main Street between the issuing insurer,agent and the certificate holder.
Meridian,ID 83680
PROGRAM AFFORDING COVERAGE:
ICRMP Member:
City of Meridian
Idaho Counties Risk Management Program, Underwriters
33 East Broadway,Ste. 308 P. 0. Box 15249
Meridian,ID 83642 Boise, ID 83715
This certifies coverages listed below are issued to the above member for the time period indicated, notwithstanding any requirement,term or
condition of any contract or other document with respect to which this certifcate may be issued or may pertain the insurance afforded by the policies
described herein is subject to all the terms,exclusions and conditions of such policies. Limits shown may have been reduced by paid claims.
Policy Date Expiration Property Deductible
Number Added Date (except flood/quake): $2,500
Section Type of Insurance
Number -Coverage Form 42AO2114100122 8/17/2022 10/1/2022 Limits
V PROPERTY INSURANCE 1. Buildings,Structures and Property Per valuation clause within policy
-OCCURRENCE 2. Mobile Equipment and Vehicle Physical Damage
VI CRIME INSURANCE 1. Employee Dishonesty Each Occurence $500,000
-OCCURRENCE 2. Loss Inside Premises Each Occurence $500,000
3. Loss Outside Premises Each Occurence $500,000
4. Policy in Lieu of Public Officials
Surety Bond Each Occurence $50,000
Notary Bond Each Occurence $25,000
For Claims Pursuant All Other Covered
to Title,Ch.9,Idaho Liability Claims
VII AUTOMOBILE LIABILTY 1.Automobile Liability Each Accident $500,000 $3,000,000
-OCCURRENCE Each Person $5,000 $5,000
2.Automobile Medical Payments Each Accident $100,000 $100,000
3. Uninsured Motorist Each Person $100,000 $100,000
Each Accident $300,000 $300,000
VIII GENERAL LIABILITY 1. General Liability Each Occurrence $500,000 $3,000,000
-OCCURRENCE
IX LAW ENFORCEMENT 1. Law Enforcement Liability Each Occurrence $500,000 $3,000,000
LIABILITY -OCCURRENCE
X ERRORS/OMISSIONS 1. Errors Omission Liability Each Claim $500,000 $3,000,000
LIABILITY -CLAIMS MADE
XI EMPLOYEE BENEFITS 1. Employee Benefits Liability Each Claim $500,000 $3,000,000
LIABILITY -CLAIMS MADE
XII EMPLOYMENT PRACTICES 1. Employment Practices Liability Each Claim $500,000 $3,000,000
LIABILITY -CLAIMS MADE
XIV SEXUAL 1. Sexual Molestation/Sexual Abuse Each Claim $500,000 $3,000,000
MOLESTATION/ACLU4IIvIS MADE Liability
XV CYBER PRIVACY or SECURITY 1.Cyber Privacy or Security Event Each Claim $1,000,000 $1,000,000
ENDORSEMENT -CLAIMS MADE Endorsement
Description of Operations/Locations/Vehicles/Restrictions/Special Items:
Sewer Lift Station on Leased Property from Owyhee Holdings, LLC
For above described item,coverage both for property damage&liability arising from Insured. If Certholder is named as party to lawsuit solely due
to relationship with Insured¬ as result of its own conduct,we will accept tender of defense, until liability determination. Certholder as Loss
Payee as their interest may appear.
Certificate Holder: Cancellation
Owyhee Holdings, LLC Should any of the above described policies be cancelled before the expiration date thereof,notice
will be delivered in accordance with the policy provisions-30 days minimum
839 S. Bridgeway Place Authorized Representative
Eagle,ID 83616 S mow ICRMP21/22