HomeMy WebLinkAboutNMID Challenger Development Inc Ridenbaugh Canal at Ten Mile and Overland for Southridge South Subdivision Phase 1 LA DATE: 18 September 2023
TO: Sawtooth Law Offices, PLLC
FROM: NAMPA & MERIDIAN IRRIGATION DISTRICT
License, Easement, Project and/or Crossing Agreement(s)
Approved on 13 & 19 September 2023
License Agreement 18 pages
Challenger Development
Ridenbaugh Canal
Instrument#2023-054748
Agreement 10 pages
The City of Meridian
Ridenbaugh Canal
Instrument#2023-054749
Project Agreement 8 pages
The City of Meridian
Five Mile Drain
Instrument#2023-054750
License Agreement 21 pages
Corey Barton
Elijah Drain & Deal Drain
Instrument#2023-031103
License Agreement 10 pages
The City of Nampa
Elijah Drain & Deal Drain
Instrument#2023-031104
ADA COUNTY RECORDER Trent Tripple
BOISE IDAHO Pgs=18 NIKOLA OLSON 2023-0547 NAMPA MERIDIAN IRRIGATION DIST 09/25/2023 OS:57 AM
II III NO FEE
IIIIIIIIII IIIIIIIIIIII I IIIIII�IIIIIIIIIII III
01287357202300547480180188
LICENSE AGREEMENT
This LICENSE AGREEMENT, is made and entered into this 2D—day of ,2023,
by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation districk organized and
existing under and by virtue of the laws of the State of Idaho,hereinafter referred to as the "District", and
CHALLENGER DEVELOPMENT,INC.,an Idaho corporation,
Whose address is: 1977 W. Overland Road,Meridian,ID 83642,
hereinafter referred to as the"Licensee",
WITNESSETH:
WHEREAS,the District owns the irrigation ditch or canal known as the RIDENBAUGH CANAL
(hereinafter referred to as"ditch or canal"),an integral part of the irrigation and drainage works and system
ofthe District,together with the easement therefor to convey irrigation and drainage water,to operate,clean,
maintain, and repair the ditch or canal,and to access the ditch or canal for those purposes; and,
WHEREAS,the District operates,cleans,maintains,repairs and protects the ditch or canal for the
benefit of District landowners; and,
WHEREAS, the Licensee is the owner of of real property that is servient to the District's ditch or
canal and easement,and is particularly described in the"Legal Description"and/or deed attached hereto as
Exhibit A and by this reference made a part hereof, and,
WHEREAS, the ditch or canal crosses and intersects the real property described in Exhibit A as
shown on Exhibit B, attached hereto and by this reference made a part hereof; and,
WHEREAS, the Licensee desires a license to cross, encroach upon or modify said ditch or canal
and/or the District's easement under the terms and conditions of this License Agreement;
NOW,THEREFORE,for and in consideration of the premises and of the covenants,agreements and
conditions hereinafter set forth,the parties agree as follows:
A. Acknowledgment of the District's Easement.
1. Licensee acknowledges that the District's easement for the ditch or canal includes a
sufficient area of land to convey irrigation and drainage water,to operate,clean,maintain and repair the ditch
or canal,and to access the ditch or canal for said purposes,and is a minimum of 140 feet,60 feet to the left
and 80 feet to the right of the centerline looking downstream for this section of the Ridenbaugh Canal.
LICENSE AGREEMENT - 1
B. Scope of License
1. The Licensee shall have the right to modify the ditch or canal or encroach upon the District's
easement along the ditch or canal in the manner described in the "Purpose of License" attached hereto as
Exhibit C and by this reference made a part hereof.
2. Any crossing,encroachment upon or modification of the ditch or canal and/or the District's
easement shall be performed and maintained in accordance with the"Special Conditions"stated in Exhibit
D, attached hereto and by this reference made a part hereof. Any difference or discrepancy between the
items listed in Exhibit C, "Purpose of License," and any plans or drawings referenced in or attached to
Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be permitted to cross,encroach upon
or modify the ditch or canal and/or the District's easement as described in Exhibit C even if any plans or
drawings referenced or attached to Exhibit D provide or show otherwise.
3. This License Agreement pertains only to the Licensee's crossing, encroachment upon or
modification ofthe ditch or canal and/or the District's easement for the purposes and in the manner described
herein. The Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or
landscaping within the District's easement, nor perform any construction or activity within the District's
easement for the ditch or canal except as referred to in this License Agreement without the prior written
consent of the District.
4. The Licensee recognizes and acknowledges that the license granted this License Agreement
pertains only to the rights of the District as owner of an easement. The District has no right or power to
create rights in the Licensee affecting the holder of title to the property subject to the District's easement.
Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property.
Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained
prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim
by any party arising out of or related to such failure of rights and at the option of the District this License
Agreement shall be of no force and effect.
C. Facility Construction, Operation,Maintenance and Repair
1. Licensee agrees that the work performed and the materials used in any construction permitted
by this License Agreement shall at all times be subject to inspection by the District and the District's
engineers,and that final acceptance of the such work shall not be made until all such work and materials shall
have been expressly approved by the District. Such approval by the District shall not be unreasonably
withheld.
2. Each facility ("facility" as used in this License Agreement means any object or thing
installed by the Licensee on,over or in the vicinity of the District's easement)shall be constructed,installed,
operated,maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee.
3. Licensee agrees to construct,install,operate,maintain and repair each facility and conduct
its activities within or affecting the District's easement so as not to constitute or cause:
a. a hazard to any person or property;
LICENSE AGREEMENT- 2
b. an interruption or interference with the flow of irrigation or drainage water in the
ditch or canal or the District's delivery of irrigation water;
C. an increase in seepage or any other increase in the loss of water from the ditch;
d. the subsidence of soil within or adjacent to the easement;
e. an interference with the District's use of its easement to access, operate, clean,
maintain, and repair the ditch or canal;
f. any other damage to the District's easement and irrigation or drainage works.
4. The Licensee agrees to indemnify,hold harmless, and defend the District from all claims
for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of
the circumstances enumerated in the preceding paragraph, 3.a. through 3.£, or any other damage to the
easement and irrigation or drainage works which may be caused by the construction,installation,operation,
maintenance,repair,and any use or condition of any facility.
5. The Licensee shall,upon demand of the District,remove any facility or repair any alteration
ofthe District's easement which interferes with the District's operation and maintenance ofthe ditch or canal,
or causes or contributes to any of the circumstances enumerated in the preceding paragraph,3.a.through 31,
or any other damage to the easement and or drainage works. The District shall give reasonable notice to the
Licensee,and shall allow the Licensee a reasonable period of time to perform such maintenance,repair,and
other work,except that in cases of emergency the District shall attempt to give such notice as is reasonable
under the circumstances. The District reserves the right to perform any and all work which the Licensee fails
or refuses to perform within a reasonable period of time after demand by the District. The Licensee agrees
to pay to the District, on demand, the costs which shall be reasonably expended by the District for such
purposes. Nothing in this paragraph shall create or support any claim of any kind by the Licensee or any
third party against the District for failure to exercise the options stated in this paragraph,and the Licensee
shall indemnify,hold harmless and defend the District from any claims made against the District arising out
of or relating to the terms of this paragraph,except for claims arising solely out of the negligence or fault of
the District.
D. District's Rights Are Paramount
1. The Licensee understands and agrees that the ditch or canal is a manmade channel that was
constructed and is used and maintained by the District for the exclusive purpose of conveying irrigation or
drainage water to lands within the District. As such,Licensee further acknowledges and agrees that the ditch
or canal does not constitute a natural or navigable watercourse or stream.
2. The parties hereto understand and agree that the District has no right in any respect to impair
the uses and purposes of the irrigation or drainage works and system of the District by this License
Agreement,nor to grant any rights in its irrigation or drainage works and system incompatible with the uses
to which such irrigation or drainage works and system are devoted and dedicated and that this contract shall
be at all times construed according to such principles.
3. Nothing herein contained shall be construed to impair the ditch or canal or the District's
easement, and all construction and use of the District's easement by the Licensee and the license herein
provided therefor shall remain inferior and subservient to the rights of the District to the use of the ditch or
LICENSE AGREEMENT- 3
canal for the transmission and delivery of irrigation or drainage water.
4. The Licensee agrees that the District shall not be liable for any damages which shall occur
to any facility in the reasonable exercise of the rights of the District in the course of performance of
maintenance or repair of the ditch or canal. The Licensee further agrees to suspend its use of the said
easement areas when the use of the easement areas is required by the District for maintenance or repair under
this or any other paragraph of this License Agreement.
5. In the event of the failure,refusal or neglect of the Licensee to comply with all of the terms
and conditions of this License Agreement, the license of the Licensee under the terms hereof may be
terminated by the District,and any facility, structure,plant,or any other improvement in or over the ditch,
and the right of way therefor,which may impede or restrict the maintenance and operation of such ditch or
canal by the District with its equipment for the maintenance of the ditch or canal shall be promptly removed
by the Licensee upon demand of the District.
E. Applicable Law and Jurisdiction Unaffected.
1. Neither the terms of this License Agreement, the permission granted by the District to the
Licensee,the Licensee's activity which is the subject of this License Agreement,nor the parties exercise of
any rights or performance of any obligations of this License Agreement, shall be construed or asserted to
extend the application of any statute,rule,regulation,directive or other requirement,or the jurisdiction of
any federal, state, or other agency or official to the District's ownership,operation,and maintenance of its
canals,drains,irrigation or drainage works and facilities which did not apply to the District's operations and
activities prior to and without execution of this License Agreement.
2. In the event the District is required to comply with any such requirements or is subject to
the jurisdiction of any such agency as a result of execution of this License Agreement or the Licensee's
activity authorized hereunder,Licensee shall indemnify,hold harmless and defend the District from all costs
and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the
option of the District, this License Agreement shall be of no force and effect and the Licensee shall cease
all activity and remove any facility authorized by this License Agreement.
F. Indemnification
1. In addition to all other indemnification provisions herein, Licensee further agrees to
indemnify,hold harmless and defend the District from any injury,damages,claim,lien,cost and/or expense
(including reasonable attorney's fees)incurred by,or asserted against,the District by reason of the negligent
acts or omissions of Licensee or its agents,contractors or subcontractors in performing the construction and
activities authorized by this License Agreement.
G. Fees and Costs
1. The Licensee agrees to pay attorney fees and engineering fees charged by the attorney for
the District or by the engineers for the District in connection with the negotiation and preparation of this
License Agreement,
LICENSE AGREEMENT-4
2. Should either party incur costs or attorney fees in connection with efforts to enforce the
provisions of this License Agreement,whether by institution of suit or not,the party rightfully enforcing or
rightfully resisting enforcement of the provisions of this License Agreement,or the prevailing party in case
suit is instituted,shall be entitled to reimbursement for its costs and reasonable attorney fees from the other
ply.
H. Miscellaneous
1. No Claims Created. Nothing in this License Agreement shall create or support a claim of
estoppel,waiver,prescription or adverse possession by the Licensee or any third party against the District.
2. Amendment and Modification. Any amendment or modification ofthis License Agreement
must be in writing and signed by all parties to be enforceable.
3. Interpreted. This License Agreement shall be interpreted and enforced in accordance with
the laws of the State of Idaho. This License Agreement is not intended for the benefit of any third party and
is not enforceable by any third party. If any provision of this License Agreement is determined by a court
of competent jurisdiction to be invalid or otherwise unenforceable,all remaining provisions of this License
Agreement shall remain in full force and effect. The parties represent and warrant to each other that they
each have authority to enter this License Agreement. The catchlines or section headings herein set forth are
provided only for the convenience of the parties in locating various provisions of this License Agreement,
and are not intended to be aids in interpretation of any provision of this License Agreement with respect to
which the parties might disagree at some future time,and shall not be considered in any way in interpreting
or construing any provision of the License Agreement.
4. Bindin Ems. The covenants,conditions and agreements herein contained shall constitute
covenants to run with, and running with,the real property described in 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, including,but not limited to,dedications,transfers and assignments of facilities to public entities.
5. Notices. Any and all notices, demands, consents and approvals required pursuant to this
License Agreement shall be delivered to the parties as follows:
Nampa&Meridian Irrigation District See page 1 for Licensee
5525 East Greenhurst
Nampa,ID 83686
Notices shall be deemed to have been delivered upon hand deposit in the United States mail as
provided above.
6. Counterparts. This License Agreement may be executed and delivered in counterparts,each
of which shall be deemed to be an original and all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF, the District has hereunto caused its name to be subscribed and the
LICENSE AGREEMENT - 5
Licensee has caused its name to be subscribed by its duly authorized officer,all as of the day and year herein
first above written.
NAMPA&MERIDIAN IRRIGATION DISTRICT
By �
Greg ,Water Superintendent
STATE OF IDAHO )
ss:
County of Canyon )
On this-a day of ,2023,before me,the undersigned, a Notary Public in
and for said State, personally appeared GRVU CLTRTIS, known to me to be the Water Superintendent 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. - hn*k�,6A
Notary Public or Id ho
Residing atY1eXti1Ck�_.�,Idaho
GRETCHEN FLORES My Commission Expires:
COMMISSION#20223186
NOTARY PUBLIC
STATE OF IDAHO
LICENSE AGREEMENT - 6
CHALLENGER DEVELO E INC., an Idaho
corporation,
r
By:
Its:
STATE OF IDAHO )
)ss.
County of Ada )
On this, l day of ,2023,before me,the undersigned,a notary public in and
for aid state, personally appeared i p known to me to be the
aid
tt 4j n_ ' of CHALLENGERDEVELOPM NT,INC.,the entity that executed the foregoing
instrument,and acknowledged to me that said 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.
ADAIR KOLTES Notary Public for
Notary Public-State of Idaho Residing at r(1
Commission Number30052 My Commission Apires:
My Commission Expires 06-05-2026
LICENSE AGREEMENT- 7
ADA COUNTY RECORDER Trent Tripple 2023-024091
BOISE IDAHO Pgs=4 HEATHER LUTHER 04/26/2023 01:63 PM
TITLEONE BOISE $15.00
TitleOne
a title&escrow co.
Order Number.23475658
Warrantv Deed
For value received,
Endurance Holdings,LLC an Idaho Limited Liability Company
the grantor,does hereby grant,bargain,sell,and cornet'unto
Challenger Development,Inc.,an Idaho corporation
whose current address is 1977 W.Overland Road Meridian,ID M2
the grantee,the following described premises,in Ada County,Idaho,to wit:
See Exhibit A,attached hereto and incorporated herein.
To have and to hold the said premises,with their appurtenances unto the said Grantee,its heirs and assigns forever.
And the said Grantor does hereby covenant to and with the said Grantee,that Grantor is the owner in fee simple of
said premises;that they are free from all encumbrances except those to which this conveyance is expressly made
subject and those made,suffered or done by the Grantee;and subject to all existing patent reservations,easements,
rights)of way,protective covenants,zoning ordinances,and applicable building codes,laws and regulations,
general taxes and assessments,Including irrigation and utility assessments(if any)for the current year,which are not
due and payable,and that Grantor will warrant and defend the same from all lawful claims whatsoever.Whenever the
context so requires,the singular number includes the plural.
Remainder of page intentionally left blank.
Order Number.23475658 Warranty Deed-
Exhibit A, page 1
Dated: April 25,2023
Endurance H ci LC o Limited Liability Company
Corey Barton, bar
State of ID County of�
° ,ss.
On this day of April 2023 before me,the undersigned,a Notary Public in and for said State,
personally appeared Corey Barton,known or identified to me to be the Member of the limited liability company that
executed the within instrument and acknowledged to me that he executed the same for and on behalf of said limited
liability company and that such limited liability company executed it.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above watt n.
No u is .�' '•.�
Residing In: �� NOTARY,
My Commission Expires: esrcting in:Meldisn, : •: _ y LtC
tzx •
plres: i 1/17/2025 S '
IY0.450
Order Number.23475658 Warranty Deed-
Exhibit A, page 2
0i ,,„ Tu LEGAL DESCRIPTION
PFd�� !n E Page 1 of 2
LAND
GROUP
Date:September 30,2021
Project No.,121027
EXHIBIT A
SOUTHRIDGE SOUTH SUBDIVISION PHASE 1
FINAL PLAT DESCRIPTION
A parcel of land located in the Northwest Quarter of Section 23,Township 3 North,Range 1 West,Boise
Meridian,City of Meridian,Ada County,Idaho,being more particularly described as follows:
Commencing at the Northwest Corner of Section 23 of said Township 3 North,Range 1 West,(from
which point the North One Quarter Corner of said Section 23 bears South 89'14'S6"East,2652.36 feet
distant);
Thence from said Northwest Comer of Section 23,South 6D'02'48"East,a distance of 1751.02 feet to
a point on the East right of way line of West Overland Road and the South line of the Ridenbaugh Canal
Easement,said point being the POINT OF BEGINNING;
Thence South 75'06'37"East,a distance of 6.36 feet on the east right of way line of West
Overland Road;
Thence North 14'53'23"East,a distance of 79.42 feet on the east right of way line of West
Overland Road to a point on the centerline of the Ridenbaugh Canal;
Thence North 69'37'00"East,a distance of 34.90 feet to a point of curve on the centerline of
the Ridenbaugh Canal;
Thence 320.04 on the arc of a curve to the right,said curve having a radius of 375.00 feet,a
central angle of 48'53'S7",a chord bearing of South 85'56'02"East,and a chord length of
310.42 feet on the centerline of the Ridenbaugh Canal;
Thence South 61'29'03"East,a distance of 150.70 feet on the centerline of the said Canal;
Thence North 00'48'16"East,a distance of 90.36 feet;
Thence South 61'29'03"East,a distance of 118.75 feet to a point of curve;
Thence 14.24 on the arc of a curve to the left,said curve having a radius of 320.00 feet,a central
angle of 02'32'S6",a chord bearing of South 62'45'31"East,and a chord length of 14.23 feet;
Thence South 64.01'59"East,a distance of 4754 feet;
Thence South 25'58'01"West,a distance of 140.00 feet,
Thence South 25'57'46"West,a distance of 110.02 feet;
Thence South 25.58'01"West,a distance of 49.98 feet;
Thence South 64'01'S9"East,a distance of 96.78 feet to a point of curve;
Thence 25.63 on the arc of a curve to the right,said curve having a radius of 20.00 feet,a central
angle of 73.25'14",a chord bearing of South 27'19'23"East,and a chord length of 23.91 feet
to a point of compound curve;
Thence 56.75 on the arc of a curve to the right,said curve having a radius of 1745.00 feet,a
central angle of 01'51'48",a chord bearing of South 10.19'08"West,and a chord length of
56.74 feet,-
Thence North 78'44'S8"West,a distance of 110.00 feet to a point of curve;
Thence 390.80 on the arc of a curve to the right,said curve having a radius of 1635.00 feet,a
central angle of 13'41'42",a chord bearing of South 18'05'S3"West,and a chord length of
389.87 feet to a point of compound curve;
462 East Shore Drive,Suite 100.Eagle,Idaho 03610 208.939.4041 thelandgroupelc.com
Exhibit A, page 3
1
Page 2 of 2
Thence 179,16 on the arc of a curve to the right,said curve having a radius of 1595.00 feet,a
central angle of 06'26'08",a chord bearing of South 28'09'48"West,and a chord length of
179.06 feet;
Thence South 32'59'48"West,a distance of 89.94 feet to a point of curve;
Thence 46.76 on the arc of a curve to the right,said curve having a radius of 1595.00 feet,a
central angle of 01'40'47",a chord bearing of South 35'27'08"West,and a chord length of
46.76 feet;
Thence North 53'42'28"West,a distance of 110.00 feet to a point of curve;
Thence 6.08 on the arc of a curve to the right,said curve having a radius of 1485.00 feet,a
central angle of 00'14'05",a chord bearing of South 36'24'34"West,and a chord length of
6.08 feet;
Thence North 53'28'24"West,a distance of 160.00 feet to a point of curve;
Thence 463.75 on the arc of a curve to the right,said curve having a radius of 1325.00 feet,a
central angle of 20'03'13",a chord bearing of South 46'33'13'West,and a chord length of
461.39 feet;
Thence South 40'01'20"West,a dlstance of 70.38 feet;
Thence North 49'58'40"West,a distance of 127.16 feet to a point of curve;
Thence 23.64 on the arc of a curve to the left,sa id curve having a radius of 20.00 feet,a central
angle of 67'43'56",a chord bearing of North 83'50'-38"West,and a chord length of 22.29 feet;
Thence North 61'16'40"West,a distance of 60.59 feet to a point of curve,
Thence 35.96 on the arc of a curve to the left,said curve having a radius of 20.00 feet,a central
angle of 103'00'S1",a chord bearing of North 12'26'06"East,and a chord length of 3131 feet
to a point of compound curve;
Thence 98.14 on the arc of a curve to the right,said curve having a radius of 982.41 feet,a
central angle of 05'43'25",a chord bearing of North 36'12'37"West,and a chord length of
98.10 feet;
Thence North 27'49'21"West,a distance of 18.88 feet to a point on a curve on the easterly
right of way line of West Overland Road;
Thence on the easterly right of way line of West Overland Road for the following bearings and
distances:
Thence 298.31 on the arc of a curve to the left,said curve having a radius of 1050.50 feet,a
central angle of 16'16'14",a chord bearing of North 55'38'01"East,and a chord length of
297.31 feet to a point of compound curve;
Thence 288.12 on the arc of a curve to the left,said curve having a radius of 1047.DD feet,a
central angle of 15'46'02",a chord bearing of North 38'26'04"East,and a chord length of
287.21 feet to a point of compound curve;
Thence 393.88 on the arc of a curve to the left,said curve having a radius of 1044.50 feet,a
central angle of 21'36'21',a chord bearing of North 20'56'21"East,and a chord length of
39L55 feet;
Thence North 10'08'10"East,a distance of 231.17 feet to the POINT OF BEGINNING.
PREPARED BY:
The land Group,Inc.
James R.Washburn
a I U1 �
9-30-2021
.r s�qr pP�0
462 East Shore Drive,Suite 100,Eagle.Idaho 63616 208.939.4041
R,WA
Exhibit A,page 4
EXHIBIT B
Location of Property/Canal
See Exhibit D-1 attached hereto.
EXHIBIT C
Purpose of License
The purpose of this License Agreement is to permit and allow Licensee to:
1. construct and install an 10 foot wide asphalt pathway within the District's easement for the
Ridenbaugh Canal;
2. construct and install two fences, one between the above-referenced pathway and the
Ridenbaugh Canal with all posts placed in sleeves, and one between the above-referenced
pathway and adjacent lots within the District's easement for the Ridenbaugh Canal,within
the District's easement;
3. construct and install landscaping consisting of grass,sprinklers and Class I ornamental trees
within the District's easement for the Ridenbaugh Canal(all trees shall be located between
the pathway and the adjacent lots); and
4. construct and install a six inch(6")pressurized irrigation main line adjacent to Overland
Road and across and under the Ridenbaugh Canal and within the District's easement(the
pressure irrigation main line shall be located a minimum of four feet(4')below the bottom
of the Ridenbaugh Canal),
all within or near Licensee's real property described in Exhibit A, Southridge South Subdivision Phase 1,
located southeast of the intersection of Ten Mile Road and Overland Road in Meridian,Ada County,Idaho.
No other construction or activitypermitted within or affecting the Ridenbaugh Canal or the District's
easement and Licensee's future improvements and other encroachments shall require separate written
approval of the District. All storm water is to be retained on-site.
EXHIBIT D
Special Conditions
a. The construction described in Exhibit C shall be in performed in accordance the plans
attached hereto as Exhibit D-1 and by this reference incorporated herein.
b. Licensee shall notify the District's Superintendent prior to and immediately after
construction so that he or the District's engineer's may inspect and approve the construction.
C. Licensee acknowledges and agrees that should the pathway, fences, landscaping or other
encroachments need to be removed in order for the District to access, operate, maintain or repair the
Ridenbaugh Canal,it shall be Licensee's obligation and cost of removing or replacing the pathway,fences,
landscaping and/or encroachments. Licensee further agrees that the District shall not be liable for any
damages which shall occur to the pathway, fences, landscaping or other encroachments in the reasonable
exercise of the rights of the District in the course of performance of maintenance or repair of the Ridenbaugh
LICENSE AGREEMENT - 8
Canal.
d. The pathway constructed by Licensee within the District's easement,and permitted by this
Agreement, shall be operated and maintained by the City of Meridian. An express condition of this
Agreement,and the District permitting said pathway within its easement,is that the City of Meridian enter
an Agreement with the District in which it assumes operation,control and maintenance of the pathway. If
the City of Meridian declines to accept the pathway and enter into said Agreement then said pathway is no
longer authorized within the District's easement.
e. Directional boring and construction of the pressure irrigation main line must occur during
the non-irrigation season and thus shall not commence prior to October 15,2023 and shall be completed prior
to March 15,2024. All other construction authorized by this License Agreement shall be completed within
one year of the date of this Agreement. Time is of the essence.
LICENSE AGREEMENT - 9
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