HomeMy WebLinkAboutNMID Aviator Park LLC Purdam Drain at Franklin and Black Cat for Aviation Subdivision SECOND ADDENDUM DATE: 27 December 2023
TO: Sawt®®th Law Offices, PLLC
FROM: NA PA & MERIDIAN IRRIGATION DISTRICT
License, Easement, Project and/or Crossing Agreement(s)
Approved on 5 December 2023
Agreement 13 pages
The City of Meridian
Purdam Drain
Instrument#2023-070075
Second Addendum to License Agreement 11 pages
Aviator Park LLC
Purdam Drain
Instrument#2023-070076
License Agreement 11 pages
TDS Metrocom, LLC
North Nampa Lateral
Instrument#2023-040160
ADA COUNTY RECORDER Trent Tripple 2023-070076
BOISE IDAHO P9s=11 NIKOLA OLSON
NAMPA MERIDIAN IRRIG DIST 12/18/2023 10:02 AM
I NO FEE
01305631202300700760110114
SECOND ADDENDUM TO LICENSE AGREEMENT
SECOND ADDENDUM TO LICENSE AGREEMENT, made and entered into this 5 day of
_1Q4X , 2023, 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(District),and AVIATOR
PARK LLC,a Nevada limited liability company,whose address is:1468 James Rd.,Gardnerville,NV 89460,
(hereinafter referred to as"Licensee"), is made with reference to the following facts:
The District and Licensee entered into a certain License Agreement dated March 1,2022,
recorded as Instrument No.2022-023222,Records of Ada County,Idaho. The purpose of
the 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(3')
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. Pursuant to said License Agreement,
Licensee also granted to the District an Easement for the relocated portion of the Purdam
Drain by certain Easement recorded as Instrument No. 2022-023223, Records of Ada
County,Idaho. The District and Licensee subsequently entered into an Addendum License
Agreement dated September 25,2023,recorded as Instrument No. 2023-055613,Records
of Ada County,Idaho. The purpose of said Addendum to License Agreement is to permit
Licensee to:remove and replace approximately 87 feet of RCP and replace it with new 48"
Class III RCP with gaskets between the existing headwall and a new 6'x 6''precast box on
the west side of W.Avitator St.,including a new 12"concrete floor,a new steel trash rack
and rip rap. Licensee now desires to amend or modify said License Agreement and prior
Addendum to License Agreement to allow Licensee to: a) construct and install
roadways for Aviator Street and W. Topeka Street, including asphalt
paved road sections, curb, gutter, boiswales, detached sidewalks and concrete sand and
grease traps over the above-referenced pipe and within the District's
easement for the Purdam Drain; b) discharge storm water, first through a storm
water swale, into the Purdam Drain and construct and install a discharge pipe
and rip rap within the District's easement; c) construct and install
landscaping consisting of grass,sprinklers and Class I trees within the District's easement;
d)construct and install a five foot wide pedestrian pathway within the District's easement;
and e) construct and install a private 4" pressurized irrigation mainline
within the District's easement which connects to the District's existing
pump house on an adjacent parcel. Execution of this Second Addendum in accordance with
these facts will affect or change the terms of said License Agreement and prior Addendum.
SECOND ADDENDUM TO LICENSE AGREEMENT-PAGE 1
NOW,THEREFORE,for and in consideration of the premises and of the covenants,agreements and
conditions hereinafter set forth and those set forth in the License Agreement and prior Addendum referred
to above,the parties agree as follows:
1. Exhibit C of said License Agreement is hereby amended and modified to permit and allow
Licensee to: a) construct and install roadways for Aviator Street and W. Topeka Street, including asphalt
paved road sections,curb,gutter,boiswales,detached sidewalks and concrete sand and grease traps over the
above-referenced pipe and within the District's easement for the Purdam Drain; b) discharge storm water,
first through a storm water swale, into the Purdam Drain and construct and install a discharge pipe and rip
rap within the District's easement; c) construct and install landscaping consisting of grass, sprinklers and
Class I trees within the District's easement; d) construct and install a five foot wide pedestrian pathway
within the District's easement;and e)construct and install a private 4"pressurized irrigation mainline within
the District's easement which connects to the District's existing pump house on an adjacent parcel.
Construction ofthe improvements authorized by this Second Addendum shall be in accordance with the plans
attached hereto as Exhibit 1 and by this reference incorporated herein.
2. 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.
3. Licensee shall be responsible and shall ensure that any discharge pipes which discharge
water into the District's ditch or drain do not cause any erosion or subsidence of soil within the ditch or
drain. Licensee acknowledges and agrees that should the pathway or other encroachments need to be
removed in order for the District to access, operate, maintain or repair the Purdam Drain, it shall be
Licensee's obligation and cost of removing or replacing the pathway and/or encroachments. Licensee
further agrees that the District shall not be liable for any damages which shall occur to the pathway or other
encroachments in the reasonable exercise of the rights of the District in the course of performance of
maintenance or repair of the Purdam Drain.
4. 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
SECOND ADDENDUM TO LICENSE AGREEMENT-PAGE 2
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.
5. All construction authorized by this Second Addendum shall be completed within one year
of the date of this Second Addendum. Time is of the essence.
6. Said License Agreement and prior Addendum are hereby affirmed and shall remain in full
force and effect except as modified by this Second Addendum. Licensee acknowledges and agrees that it
is bound by the covenants, conditions and agreements contained in said License Agreement and prior
Addendum.
7. The Licensee agrees to pay reasonable attorney fees and recording fees for preparation and
recording of this Second Addendum.
8. The covenants,conditions and agreements contained herein and in said License Agreement
and prior Addendum shall constitute covenants to run with, and running with, all of the lands of Licensee
described in Exhibit A of said License Agreement,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.
IN WITNESS WHEREOF, the District and Licensee have hereunto caused their names to be
subscribed as of the day and year herein first above written.
NAMPA&MERIDIAN IRRIGATION DISTRICT
ByA A
Greg is, Water Superintendent
STATE OF IDAHO )
ss:
County of Canyon )
On this J day of , 2023,before me,the undersigned, a Notary Public in
and for said State, personally appeared GREG CURTIS, 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.
SECOND ADDENDUM TO LICENSE AGREEMENT-PAGE 3
IN WITNESS WHEREOF,I have hereunto set my hand and axed my official seal,the day
and year in this certificate first above written.% 1
10 SNP ,��� Notary Public for Idaho
.•••••• . �,p •, Residing at.� ,Idaho
�' typTARy, My Commission Expires: Aon\ 9u- 1
,9 •.....•• 1;, 41 AVIATOR PARK LLC,a Nevada limited liability company,
OF
By: c�
Its: .�-
STATE OF t9 )
)ss.
County of M4 )
On this day of N DNP W b - 2023,before me,the undersigned,a notary public in and
for said state,A /personally appeared t AK" , Qritl In- known to me to be the
Mf,M� of AVIATOR PAR- LLd,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. 'n n�� p�
� 0 el KId
Notary Public for VY1 PV!1
NAM5 NODLAND Residing at J?00-A-:,
COMMISSION#20204379 My Commission Expires:
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 11/16/2M
SECOND ADDENDUM TO LICENSE AGREEMENT-PAGE 4
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