HomeMy WebLinkAboutNampa Meridian Irrigation District Lennon Point Subdivsion Addendum Pathway Agreement - Time Extension Sent to Rachel in Parks 6-11 ADDENDUM TO AGREEMENT
(Lennon Pointe Subdivision)
ADDENDUM TO LICENSE AGREEMENT, made and entered into this day of
2025, 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 the
CITY OF MERIDIAN, a political subdivision and municipality of the State of Idaho(hereinafter referred
to as "City"), is made with reference to the following facts:
The District and the City previously entered into an Agreement dated November 2, 2023,
recorded as Instrument No. 2023-063818, records of Ada County, Idaho (hereinafter the
"Agreement") . The purpose of the Agreement is to permit City to: 1) construct, install,
operate and maintain a 10'pedestrian pathway over the piped Kellogg Drain and within the
District's easement for Kellogg Drain, within the Lennon Pointe Subdivision, located
southeast of the intersection of Linder Road and Ustick Road in Meridian, Ada County,
Idaho. Exhibit C, paragraph c. of said Agreement provided that "Construction. shall be
completed within one year of the date of this Agreement. Time is of the essence." The
owner/developer of the Lennon Pointe Subdivision has not completed the piping of the
Kellogg Drain or the construction of the pathway and thus the City now desires to modify
and/or amend said Agreement to permit and allow City to extend the time to complete the
construction authorized by said Agreement and to allow the time to complete said
construction within one year of the date of this Addendum. Execution of this Addendum
in accordance with these facts will affect or change the terms of said Agreement.
NOW,THEREFORE,for and in consideration of the premises and of the covenants,agreements and
conditions herein and those set forth in the Agreement referred to above,the parties agree as follows:
1. Exhibit C, paragraph c. of said Agreement is hereby amended and modified to provide:
"Construction authorized by said Agreement shall be completed within one year of the date of this
Addendum. Time is of the essence."
2. Said Agreement is hereby affirmed and shall remain in full force and effect except as
modified by this Addendum. The District and City acknowledge and agree that each is bound by the
covenants, conditions and agreements contained in said Agreement.
3. The covenants, conditions and agreements contained herein and in said Agreement shall
constitute covenants to run with, and running with, all of the lands of City described in Exhibit A of said
ADDENDUM TO AGREEMENT-PAGE 1
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 the City have hereunto caused their names to be
subscribed as of the day and year herein first above written.
NAMPA&MERIDIAN IRRIGATION DISTRICT
By.._._.._�.._....._....... .....................:.......................
David Duvall,Water Superintendent
STATE OF IDAHO )
ss:
County of Canyon )
On this day of , 2025, before me,the undersigned, a Notary Public in
and for said State,personally appeared DAVID DUVALL,known to me to be the Water Superintendent of
NAM-PA & 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.
Notary Public for Idaho
Residing at ,Idaho
My Commission Expires: _
ADDENDUM TO AGREEMENT-PAGE 2
CITY OF MERIDIAN
By:_'.. 11. .ta
Its:_-,
t D AUG�d
ATTEST; s
c•ny,of
IDIAN
IOANO
2-025
Its: - _ _ s� SEAL
STATE OF IDAHO ) ��yIFR of the T.REPSJ�e<�
)ss.
County of Ada )
On this le day of 2025,before me,the undersi ed,a notary public in and
for said state, personally appeared r-1- ,Sir lwn and�lbrl-62 p{1►15b�known or
identified to me to be the (j1 {2t � and �of CITY OF
MERIDIAN, the entity that executed the foregoing instrument, and ac owledged 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. /
CHARLENE WAY Notary Public for
OMISSION No. 67390 K)
Residing at N1(�C'1 I_( ,
NC`�TA PUBLIC My Commission Expires:_?�'���.(5Z43
T
SATE OF IDAHO
ADDENDUM TO AGREEMENT-PAGE 3