HomeMy WebLinkAboutCC - Purdam Drain Aviation Subdivision LA DATE: 11 March 2022
TO: Sawtooth Law Offices, PLLC
FROM: NAMPA & MERIDIAN IRRIGATION DISTRICT
License, Easement, Project and/or Crossing Agreement(s)
Approved at Board Meeting of 01 March 2022
License Agreement 23 pages
Aviator Park LLC
—/ Purdam Drain
Instrument#2022-023222
Easment 8 pages
Aviator Park LLC
Purdam Drain
Instrument#2022-023223
License Agreement 10 pages
Fatbeam, LLC
Hunter Lateral
Instrument#2022-023224
License Agreement 8 pages
Idaho Power Company IPCo File No, 250
Sargent Drain
Instrument#2022-023225
License Agreement 15 pages
Belvedere LC
Jones Lateral
Instrument#2022-023226
ADA COUNTY RECORDER Phil McGrane 2022-023222
BOISE IDAHO Pgs=23 NIKOLA OLSON 03/07/2022 12:02 PM
NAMPA MERIDIAN IRRIG DIST NO FEE
11111111111 III 11111111111111111111111111111111111
01129836202200232220230231
LICENSE AGREEMENT
This LICENSE AGREEMENT, is made and entered into this 01 day of�} ,rM ,2022,
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, hereinafter referred to as the"District",and
AVIATOR PARK LLC, a Nevada limited liability company,
Whose address is: 1468 James Rd.,Gardnerville,NV 89460,
hereinafter referred to as the "Licensee",
WITNESSETH:
WHEREAS,the District owns the in igation/drainage ditch or drain known as the PURDAM DRAIN
(hereinafter referred to as"ditch or drain"),an integral part of the irrigation and drainage works and system
of the District,together with the easement therefor to convey irrigation and drainage water,to operate,clean,
maintain, and repair the ditch or drain, and to access the ditch or drain for those purposes; and,
WHEREAS,the District operates,cleans,maintains, repairs and protects the ditch or drain for the
benefit of District landowners; and,
WHEREAS,the Licensee is the owner of real property that is servient to the District's ditch or drain
and easement, and is particularly described in the "Legal Description" and/or deeds attached hereto as
Exhibit A and by this reference made a part hereof; and,
WHEREAS,the ditch or drain crosses and intersects near 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 drain
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 drain includes a
sufficient area of land to convey irrigation and drainage water,to operate,clean,maintain and repair the ditch
or drain, and to access the ditch or drain for said purposes, and is a minimum of 100 feet, 50 feet to either
side of the centerline.
LICENSE AGREEMENT- 1
B. Scope of License
1. The Licensee shall have the right to modify the ditch or drain or encroach upon the District's
easement along the ditch or drain 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 drain 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 drain 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 of the ditch or drain 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 drain 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
l. 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 drain 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 drain;
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
of the District's easement which interferes with the District's operation and maintenance of the ditch or drain,
or causes or contributes to any of the circumstances enumerated in the preceding paragraph,3.a.through 3.f.,
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 drain 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 drain 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 drain 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
drain 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 drain. 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
drain by the District with its equipment for the maintenance of the ditch or drain 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 reasonable 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
party.
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. Assignment. Neither this License Agreement nor any agreement entered pursuant to this
License Agreement may be assigned or transferred without the prior written approval of the Parties,which
approval shall not be unreasonably withheld.
3. Amendment and Modification. Any amendment or modification of this License Agreement
must be in writing and signed by all parties to be enforceable.
4. 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.
5. BindingEffect. 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.
6. 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.
LICENSE AGREEMENT- 5
7. 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 by its officers
first hereunto duly authorized by resolution of its Board of Directors and the Licensee has caused its name
to be subscribed by its duly authorized officer/member,all as of the day and year herein first above written.
NAMP &MERIDIAN IRRIGATION DISTRICT
By
�JO,, --- 1-1
It President
ATTEST:
-,tj- �- !,=Q
Its Secre ary
STATE OF IDAHO }
) ss:
County of Canyon )
On this day of rAaf ) ,2022,before me,the undersigned, a Notary Public in
and for said State,personally appeared Donald Barksdale and Michael Comeskey, 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. L
Notary Public for Idaho
Residing at MgjNX0Lk. _,Idaho
My Commissions: ta6k ?DV
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LICENSE AGREEMENT- 6
AVIATOR PARK LLC, a Nevada limited liability
company,
rFr� 1,2,71—
By:
Its: 6 �—
STATE OF h }
n.�,,, }ss.
l~County off �W PAW }
On thus &-QPItday of ,2022,before me,the undersigned,a notary public in and
for said state, personally appeared 1[�0►� _ known to me to be the
of AVIATOR PARK LLC,the entity that executed the foregoing instrument,and
acknowledgba to me that said entity executed the same.
IN WTTNES S WHEREOF,I have hereunto set l
d and affixed my official seal,the day and year
in this certificate first above written.
my
Public for
Residing at VY%—� tz
My Commission 1res: J_ L Z. 1
SAMANTHA BLUEMEL
¢ „ Notary Public State of Utah
3�"`llt`s My Commission Expires on:
July 15, 2024
Comm. Number: 712002
LICENSE AGREEMENT-7
ADA COUNTY RECORDER Phil MOGMhe 2021-063474
BOISE IDAHO Pgaa5 BONNIE OBERBIWG 04,f 0=21 03:69 PM
FIRST AMERICAN TITLE INSURANCE COMPANY $15.00
--tiig R--�—
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AM it RECDRDING MAIL To:
Aviator Park LLC
1468 James Rd.
Gardnervlile, Nevada 89460
WARRANTY DEED
Rle No.: 4106-3601990(WS) Date:March 30,2021
For Value Received, IAG Sadie. Creek, LLC, an Idaho Umitad Liability Company, hereinafter
referred to as Grantor, does hereby grant; bargain, sell and convey unto Aviator Park LLC,a Nevada
limited liability company, hereinafter referred to as Grantee, whose current address Is 1468 James
Rd. , GardnerAille,Nevada 89460, the following described premises, situated In Ada County,Wahb,
for wit.
LEGAL DESCRIPTION: Real property in the County of Ada,State of Idaho,described as fnikows:
A TRACT OF LAND IN THE SOUTHWEST QUARTER OF SECTION 10,TOWNSHIP 3 NORTH,
RANGE 1 WEST,BOISE-MERIDIAN,ADA COUNTY,IDAHO,MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS 9, 10,15,AND 16,
TOWNSHIP 3 NORTH,RANGE 1 WEST, BOISE-MERIDIAN,THENCE
NORTH 0005'50"WEST ALONG THE SECTION LINE, 1,623.56 FEET TO A POINT ON THE i
SOUTHERLY BOUNDARY LINE OF THE RAILROAD RIGHT-OF-WAY;THENCE
SOUTH 89009'42"EAST ALONG SAID LINE 49S.59 FEET TO A STEEL PIN,THE REAL POINT OF
BEGINNING,THENCE
SOUTH 89909'42" EAST ALONG RAILROAD RIGHT-OF-WAY LINE,823.72 FEET TO A STEEL
PIN,THENCE
SOUTH 0008'20"EAST ALONG THE SIXTEENTH SECTION LINE,SIL25 FEET TO A STEEL PIN;
THENCE
WEST 823.60 FEET TO A STEEL PIN;THENCE
NORTH 0008'20"WEST,528.31 FEET TO THE REAL POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION DEEDED TO NAMPA&MERIDIAN IRRIGATION
DISTRICT IN WARRANTY DEED RECORDED JUNE 10,2019 AS INSTRUMENT No.2019-
049141 DESCRIBED AS FOLLOWS:
A PARCEL'OF LAND WITHIN THE SOUTHWEST QUARTER OF SECTION 10,TOWNSHIP 3 ,
NORTH, RANGE i WEST,BOISE MERIDIAN,ADA COUNTY,IDAHO,BEING A PORTION OF THE
GRANTOR'S PARCEL GRANTED UNDER WARRANTY DEED INSTRUMENT NO.20LB-063763,
Page l or 4 E
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Exhibit A, page i
APN;53210325951 Warranty Deed File No.:41W3601290(WS)
-conenved Date:03/30/2021
THE CENTERLINE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CORNER OF SECTIONS 9,10, 15& 16 IN THE INTERSECTION OF
WEST FRANKLIN ROAD AND NORTH BLACK CAT ROAD MONUMENTED BY A FOUND
ALUMINUM CAP AS SHOWN ON CORNER RECORD INSTRUMENT NO.2018-016068,FROM
WHICH THE QUARTER CORNER COMMON TO SECTIONS 9 AND 10 MONUMENTED BY A
FOUND BRASS CAP AS SHOWN ON CORNER RECORD INSTRUMENT NO.105185212 BEARS
NORTH 00038'S7" EAST, 2633.03 FEET;THENCE ALONG THE LINE COMMON TO SAID
SECTIONS 9 AND 10,
NORTH 00038'57" EAST, 1087.83 FEET;THENCE
SOUTH 89015'44" EAST,48.00 FEET TO THE INTERSECTION OF THE EASTERLY RIGHT OF-
WAY OF NORTH BLACKCAT ROAD AND THE NORTHERLY RIGHT-OF-WAY OF WEST AVIATOR
STREET;THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY,
SOUTH 89015'44" EAST, 1137.97 FEET TO SET 1/2" REBAR WITH PLASTIC CAP MARKED
"FLSI PLS 12464",THE POINT OF BEGINNING;THENCE
NORTH 00044'16" EAST,46.00 FEET TO SET 1/2" REBAR WITH PLASTIC CAP MARKED"FLSI
PLS 12464";THENCE
SOUTH 89"15'44" EAST,32.00 FEET TO SET 1/2" REBAR WITH PLASTIC CAP MARKED "FLSI
PLS 12464";THENCE
SOUTH 00°44'16"WEST,46.00 FEET TO SET 1/2" REBAR WITH PLASTIC CAP MARKED"FLSI
PLS 12464";THENCE
NORTH 89°15'44"WEST,32.00 FEETTO THE POINT OF BEGINNING.
APN: S121032S951
TO HAVE AND TO HOLD the said premises, with their appurtenances, unto said Grantee, and to the
Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said
Grantee, that the Grantor Is the owner in fee simple of said premises; that said premises are free from all
encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations,
restrictions, easements of record and easements visible upon the premises, and that Grantor will warrant
and defend the same from all claims whatsoever.
Page 2 of 4
Exhibit A, page 2
APN'ids warrantDod rile W:4I0"60UWO(W
-um&Nnd UNK 03120/2=1
IAG Sadie Creek LLC
6y:Inveblent Ana"m Gnou -C 401(k)
Plan,m
Name:i3 vid Ryan inert
Tine:
By:Lesher Pnterpriaes,LLCM member
Name:iraden tasher
Title:Member
STATE OF Idaho }
ss.
ODUN Y OF Ada )
This record was ackn Ryan Minert as Trustee
of lwvestmab Ana , LLC 401(k)pia
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Exhibit A, page 3
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APR:KUO2M WAN Deed No Na:4105-3501990 CWs3
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COUNTY OF Ada )
This record was admowledged before Rae an � ' �Z' Z� by Braden UMw as Member of
taster a temrlses,corporate/u.0
SignaWre or Notary Pub!
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'Comm.Expires 4/10/2024
[Residing in Meridian,ID BTACY C�1 M6
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Exhibit A, page 4
EXHIBIT B
Location of Propeln/Drain
See Exhibit D-1 attached hereto.
EXHIBIT C
Purpose of License
The purpose of this License Agreement is to permit Licensee to:
1. pipe and relocate the Purdam Drain in 48 inch Class III RCP for a distance of approximately
1,139 linear feet with gaskets left out, place in a gravel envelope to allow for water to
infiltrate into the pipe and concrete headwalls and rip rap at each end; and
2. construct and install a 24 inch PVC sleeve, for a future 12 inch sewer main, across and
under the new pipe for the Purdam Drain and within the District's easement(the sleeve and
crossing shall be located a minimum of three feet(Y)below the pipe for the Purdam Drain),
all within Licensee's real property described in Exhibit A, Aviation Subdivision, located northwest of the
intersection of Franklin Road and Black Cat Road in Meridian,Ada County, Idaho.No other construction
or activity is permitted within or affecting the Purdam Drain or the District's easement and Licensee's future
improvements and other encroachments shall require separate written annroval of the District.
EXHIBIT D
Snecial 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 engineers may inspect and approve the construction.
C. Licensee shall convey to the District an easement for that section of the Purdam Drain
relocated or realigned by Licensee under the terms of this agreement. Execution and delivery of said
easement from Licensee is a material and essential terms of this agreement and if not executed and delivered,
at the option of the District this agreement may be terminated and be of no force and effect. Upon request
by Licensee and submission of a legal description to the District, the District shall relinquish its easement
along the Purdam Drain where it has been replaced by relocation of the Purdam Drain.
d. The realignment,piping,installation,backfill and compaction shall,at a minimum,meet the
requirements of the District and standard specifications for such materials and construction,as set forth in
the Idaho standards for public works construction or other standards recognized by the city or county in
which the piping or realignment for the Purdam Drain is to be placed.
e. Upon installation of the pipe and relocation of the Purdam Drain in accordance with the
LICENSE AGREEMENT- 8
above-referenced plans, the Licensee shall provide the District written notice that the facilities installed and
work performed by the Licensee are ready for final inspection and approval by the District. Within one
month after receiving such written notification from the Licensee,the District shall perform an inspection
and,if the facilities have been constructed and installed and all work has been performed in compliance with
the terms of this agreement,the District shall provide written notice to the Licensee of final approval. If the
District's engineers perform such inspection,Licensee shall pay the District's engineers any reasonable charge
in connection therewith.
f. The Licensee shall not fill, alter, or perform any work affecting the Purdam Drain or the
District's easement for the Purdam Drain, and the old, existing channel of the Purdam Drain (except for
connecting points to the new relocated sections)shall remain open and serviceable for use and maintenance
by the District for all irrigation and drainage purposes until and unless the Licensee has received written
notice from the District of final approval of the construction and installation of the new ditch, pipe and
realignment for the Purdam Drain as provided in paragraph e.of this agreement. After the Licensee receives
notice of final approval from the District,and upon request by Licensee and submission of a legal description
to the District,the District shall relinquish its easement along Purdam Drain where it has been replaced by
relocation of the Purdam Drain by filing a Relinquishment of Easement with the county recorder. Licensee
shall be responsible far operation and maintenance associated with the Licensee's backfill of the old,existing
Purdam Drain. 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 drainage or seepage associated with the Licensee's backfill of the Purdam
Drain, including, but not limited to, any claims, costs, damages and/or expenses incurred by or asserted
against the District by adjoining property owners as the result of drainage or seepage caused by the backfill
and relocation of the Purdam Drain by Licensee.
g. Licensee shall be responsible for repair and maintenance associated with the Purdam Drain
piped by Licensee as part of this License Agreement,including rehabilitation or replacement of the pipe and
any boxes installed as part of said piping. Maintenance and repairs shall include,but not be Iimited to,all
repairs necessary to preserve the structural integrity of the ditch or drain and its banks and unobstructed flow
of water through such portion of the ditch or drain within the Licensee's property and prevent the loss of
water from the portion of the ditch or drain within the Licensee's property. If the Licensee shall fail in any
respect to properly maintain and repair such portion of the ditch or drain,then the District,at its option,and
without impairing or in anyway affecting its other rights and remedies hereunder, shall have the right to
perform the necessary maintenance and repairs and the Licensee agrees to pay to the District,on demand,
the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The
District shall give reasonable notice to Licensee prior to the District's performing such maintenance,repair
or other work except that in cases of emergency the District shall attempt to give such notice as reasonable
under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee
or any third party against the District for failure to exercise the options stated in this paragraph,and Licensee
shall indemnify,hold harmless and defend the District from any claims made against the District arising out
of or relating to Licensee's obligation to maintain and repair the ditch or drain as provided in this paragraph
except for claims arising solely out of the negligence or fault of the District.
h. Piping and relocation of the Purdam Drain, anything affecting the channel of the Purdam
Drain,no tie in to the existing Purdam Drain channel shall occur until the end of the 2022 irrigation season.
LICENSE AGREEMENT- 9
Licensee may work on the mid-section for the new pipe which does not impact the existing channel of the
Purdam Drain during the irrigation season. Once Licensee commences construction affecting the channel
of the Purdam Drain (after the conclusion of the 2022 irrigation season), the piping and relocation of the
Purdam Drain and anything affecting the channel of the Purdam Drain must be completed prior to March 15,
2023. Licensee further agrees to provide a full construction schedule to the District for review and written
approval prior to the commencement of any construction to ensure that the construction is completed prior
to March 15, 2023_ All other construction shall be completed within one year of the date of this License
Agreement. Time is of the essence.
LICENSE AGREEMENT- 10
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