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HomeMy WebLinkAboutSettlers Irrigation District for Meridian Fire Station 5ADp COUNTY RECORDER J. DAVID NAVARRO AMOUNT 63.00 21 BOISE IDAH012118108 11:3<i AM RECORDED c REQUEST OF Il I I I ll II'I ~ I' Il I' I l ~l II ~') II I I I I I'll MoBaft Thomas i ~~ 1343E~~ ItE~41tt)1NC ~EQUE'STED BYAN~J W~TE1V REE~'ORI~E~71tEfidJRIV TO: Mo,Jj"att, Thonuss, Brarrett, itvck c& F'iedds,. Chartered l Ul South Cttpitod Boudsvard, I4th Ftoor most ice Box 8~9 Boise ~dalto 7D1-0529 ~~pace Above For Recorder's Use) U"TILI`T'Y LIC`~N~E AGREENI)1~iT This Utility License Agreement ("Agreeznent'~, is entered into and made effective this ~~ day of. I.J~ C e~1 ~ , 2(i D 8 , by and belwe~ sE7~ts II~,2TGATItI~l+d D~&TRiGT {"District"); ~.n imgation district organised and existing under and by virtue of the laws of the Mate of Idaho, whose address is p G. Box 7571, Boise, Idaho 837117, and City of Meridian (`~Li~211s~2'), W~1E3Se address is nat~ o .tt '~ pony 33 E. Idaho Avenue, Meridian, Idaho 83642 NUW, 'THEItEFE7RE, in cor.~sideration of the mutual benefits to be received by the District amd Licensee, and other good and valuable consideration, which consideration is hereby acknowledged by the parties, and the promises, covenants, agreements, and conditions hereinafter set forth, the parties agree with one another as follows: 1. Grant of License. The District hereby grants a License ("License") to Licensee for the- purpose of crossing the North Slough No. 1 Lateral (aka Simpson Lateral) (name of canal, lateral, or flitch) a# the location described in Exhibit A, appended hereto, in order to construct, operate, inspect, maintain, and repair low voltage traffic controls This grant Qist crossing(s), power, gas, cable; phone, etc.) of License is subject and subordinate to awry and all property rights the District may have in the North Slough No. 1 Lateral (aka Simpson Lateral) (name of canal, lateral, or ditch] UTYLTTY LICENSE AGREEII'iE1VT' -1 CLIENT:573845.4 RBVfsed 413108 Licensee expressly acknowledges anal agrees that this Licemse does not-grant Licensee the right to install any property or equipment, e~tcept as may be described in this Agreement, or the right to impair any rights of the District or others in t~.e use of the North Slough No. 1 Lateral (aka Simpson Lateral) t o#'c~eai, tate~at, or ~i~ch) This grant is expressly conditioned upon the prior receipt by Licensee of any and all necessary approvals from .governmental entities and private parties for its activities to be perforrnecl under the terms of this Agreement, and is further expressly conditioned upon the District's prior approval of all drawings and plans concerning the activities to be canductcd by Licensee under this Agreement, 2. term of Grant of License. The term of the License shall commence upon the effective date of this Agreement and shall continue for sc~ long as Licensee is in cornplianee with the terms of this Agreement. The District::reserves the right to revoke this License, effective upon thirty (30} days' prig written notice to tl~.e Licensee thereof should Licensee at anytime fail to materially comply with the terms of thus Agreement, and: fail. tc~ correct such noncompliance within thirty (3fl) days following service of written notice by the District. ("Cure Period"}. If Licensee begins, but cannot complete, corrective action within the Cure Period, the Cure Period maybe extended, at the sole discretion of the District, for such amount of time as may be reasonably rewired to complete the corrective action. 3. Construction, Lspection Maintenance Repair and Replacement of Crossing. Licensee, following execution of this Agreement by the parties, may have access across the North Slough No. 1 Lateral (aka Simpson Lateral) (nary of , ~at~, or dish} inspection, maintenance, repair, and replacement of the low voltage traffic controls to conduct such construction, as maybe reasonably necessary, (list crossings}. Power, gas, cable, phone, etc.) subjec# to any restrictions imposed on Licensee's activities as maybe set forth in this YTITLITY LICENSE AGREEMENT - 2 CLIENT:573845.4 Revised bJ3/tT8 Agreement Licensee ar its agents and contractors shall perform ariy work in a wozkmanlike manner, and: in accordance with the Engineering Plans and Specifications referenced. in Exhibit B. Any activities ay I.,icensee which may impede or impair tie flaw of water North Slough No. 1 Lateral (aka Simpson Lateral) through the . may onl~r perf+ortned (nacnc orcanai, taut or ditch) during the non-irrigation season, which is usualry between November 1 and 1Vlarch 13. Licensee expressly acknowledges that the District does not relinquish its ownership rights in any portion of the North Slough No. 1 Lateral (aka Simpson Lateral) 4. LTtility~rossings. Licensee shall not allow any Utilities (except Licensee if it is a Utility) or any private parity tb attach try L.censee's facilities: goved by this Agreement, cross any portion of the North Slough No. 1 Lateral (aka Simpson Lateral) ~ or {na»~e of canal; lateai, or ditch) otherwise us+r or encroach upon the District's easements, without the express. written consent of the District. Said written consent may #ake the form of an addendum to this existing Agreement or, the District, in its discretion, may require that separate license agreements be executed between the I)istiict aztd t$e Utility or private party seeking to cross the North Slough No. 1 Lateral (aka Simpson Lateral) 5. Express Waiver: In the event. that any Utilities or private parties do attach to Licensee's facilitiesgoverned bythis Agreement, cross District facilities and/or systems, or share in the use of °striet's facility and/or system easements, Licensee, .and Utilities or private parties, waive any and all claims against the District, now and in the future, concerning the District's water distribution, operation, and maintenance activities upon its facilities and/or systems. UTILITY LICENSE AGREEMENT - 3 cuEnrr:s~ssas.a Revised arsroa b. In.. Licensee, and any T;Jtility or private pazty that attaches to .Licensee's facilities governed by this Agreetnexrt, crosses a District facility or system, or uses an exclusive easement, agrees to protect, defend, indemnify, and hold the District and its officers, directors, employees, members, and agents harmless from and against any and -all liability, suits, lasses, damages, claims, actions, costs, and expenses of -any nature, including litigation costs and attorney fees, which shall include paralegal fees, az~ising from ar out of any acts or omissions of the Licensee or any crossing Utility, their agents, or contractors related to or in connection with their crossing of:District facilities, use of the exclusive easements of the. District, any attachments to Licenser's facilities goverrcced by this 1~greement by a erasing. Jtility ar private lZarty, or any activity under this ,Agreement and. the exercise of any privileges or performance o~ any- obligations by the Licensee or crossing lJtiiity hereunder. lw urthermore, the Licensee and any crossing Utility agree to protect, indemnify, and bald the District and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, lasses, damages, claims, actions, costs, and expenses of any nature, including litigation costs and attorney fees,. which shall include paralegal fees, arising from or out of water quality violations, flooding, ar any interruption ar interference with the flow of water in the North Slough No. 1 Lateral (aka Simpson Lateral) caused by any act ar omission of the Licensee and any crossing Utility or their agents. Notwithstanding any .other provision of this Agreement, Licensee, and any Utility or private party that attaches to Licensee's facilities, shall be responsible for their own actions only, and not the actions of any other party hereunder. Each party's liability shall be separate only, and not Joint. 7. Na Liens. Licensee shall allow no liens as a result of any labor performed or materials supplied in connection with the activities of Licensee, its agents, or UTILITY LICENSE AGREEMENT - 4 CLIENT:573845.4 Revised 4!3108 COI1traGtorS, t0 attach tcj the North Slough No. I Lateral (aka Simpson Lateral) Or t0 any (tame cif canat> >ktteral, ar ditch) ad}acent lands held by tine District. S. Permits. Licensee represents that it has-obtained all permits, licenses, and acknowledgments required. to conduct the activities to be perfcarmed under the terms tat the Agreement. Additionally, for those projects which fall under the purview of the dean Water Act, ~~ U.S.C. 1251, et seq., prior tca comznencemeut of construction impacting the' District's facilities, Licensee shall deliver to legal counsel for the District a copy of a Section 404 Permit it has obtained from the United States. Army Corps of Engineers. In the event that a Section 404 Permit is not required, Licensee shall certify that its construction impacting the District's facilities does not fall under the purview cat the Clean Water Act and a Section 404 Kermit is not required. 'The parties hereby recognize and agree that this Agreement will nut be executed by the District and recorded until legal counsel for the District is in receipt of the appropriate Section 404 Permit or written certification by Licensee that a Section 404 Permit is not required far the construction contemplated under this Agreement. Such certification shall be attached to this Agreement as Exhibit C and made a part hereof. 9. Qperatian, Maintenance and Repair of Crossing. improvements. Lt is recognized by the District that maintenance, repair and/or replacement of the crossing improvements constructed by Licensee and which cross the North Slough No. 1 Lateral (aka Simpson Lateral) (name of canal, lateral, or ditch) under the terms and conditions of this Agreement and as identified in Exhibit B, maybe necessary subsequent to the execution and recording of this Agreement. In the event that Licensee desires to perform any maintenance, repair and/or replacement of such crossing improvements, they aclrnowledge and agree that the prior written consent of the District is required prior to commencement of any such UTILITY LICENSE AGREEMENT - 5 Revised 4/31D8 CLIENT:573845.4 maintenance, repair andlor replacement. of the crossing improvements, unless an emergency reasonably precludes obtaining prior written consent. In such an event, Licensee shall provide written notice to the District of such emergency repair or replacement,. as soon as .reasonably possible a#ler underkaking such work. 'l'lae District agrees that it will consider and act upon. all non-emergency written reclues~ for written consent from Licensee in a busies-life manor. i0. Limitations an Liability; Attorney. The parties hereto agree'that nothing herein contained shall be construed to create a joint ven#are, partnership, or other similar relationship whvch might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. In the event of any suitor proceeding by either party herein against the other party arising out of this Agreement or in caru~cction with the activities of .the Licensee, or their agents or contractors, under this Agreement, thenonprevaiingparty in such suit or proceeding shall pay to the prevailing party such sum or sums as the court shall adjudge reasonable for attorney fees and costs; including such fees and costs on appeal. 11. Further Consideration. In further consideration for inducing the District to grant this License, the Licensee agrees to promptly pay all expenses incurred by the District relating to the- negotiation, preparation, and execution of this Agreement. 12. Entire Agreement. This. Agreement contains the entire agreement between the parties hereto with respect to the subject matter of this Agreement. Amendments to this Agreement shall be made only by written instrument executed by each of the parties hereto. 13. Binding; Effect, The promises, covenants, conditions, and agreements herein contained shall be binding an each of the parties hereto and on all parties and all person IJTII.ITY LICENSE AGREEMENT - 6 CLIENT:573845.4 Revised 4/3+08 claiming under them or any of them; and the :rights and obligations hereof shall inure to the benefit- of each of the parties hereto and theii• n~peetive successors and assigns. Na third parties are intended to bene$t from, or obtatl any rights under, this Agm~nent. 14. Severability. If any part of this Agreement is held tc3 be illegal ar une3afarceable by a court of eompeterit jwrisdictiran, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible, 15. Na Waiver. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise aay right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's tight to enforce arty provision ar exercise -any right. i6. Gaveming Law. The validity, meana~g, and-effect of dais Agreement shall be determined in accordance with the laws of the State of idaha, l 7. I~epresentatians,.afParties. (a) District. The District represents and warrants that- {%) it is an irrigation district organized and: existing under and by virtue of the laws of the State of Ydaho; (ii) it las the capacity and all legal rights necessary to enter into and perform the District's obligations under this Agreement; (iii) all argaziizational and other actions required to authorize the Istrict to enter into and perform this Agreement have-been properly taken; and (iv) this Agreement has been properly executed and delivered by the District and is valid and binding upon the District in accordance with its terms. (b) Licensee. Licensee represents and warrants that: (i) it has the capacity to enter into and perform its obligations under this Agreement; (ii) all actions required to authorize Licensee to enter into and perform this Agreement have been properly taken; {iii) it has UITLITY LICENSE AGREEMENT - 7 CLIENT:573845.4 RBVised 4l3t08 obtained all permits, licenses, and acknowledgments required to conduct the activities to be performed under the terms of the Agreement; (iv) this Agreement has been properly executed and delivered by the Licensee and is valid and binding upon the Licensee in accordance with its terms; and (v) (check one of the following, if applicable): ~/ a Licensee is an Idaho municipal corporation incorporated and in good standing in the State of Idaho. Licensee is a partnership established and is in good standing in the State of Licensee is a and in good standing in the State of incorporated or organized 18. Notices. All notices permitted or required to be given under the terms of this Agreement shall be in writing and shall be deemed effective upon receipt if sent by first class mail, postage prepaid, and addressed to the respective party hereto as follows, or at such other address as a party designates in writing. SETTLERS IRRIGATION DISTRICT Post Office Box 7571 Boise, Idaho 83707 City of Meridian Name 33 E. Idaho Avenue Address Meridian, Idaho 83642 . City, State & Zip Code 19. Recording. This Agreement shall be recorded at the Ada County Recorder's Office. [Signature Page Follows] UTILITY LICENSE AGREEMENT - 8 CLIENT:573845.4 Revised 413/08 IN 'OVITNESS WI~EREOF, the pa~ies hereto have execrated this Agreement the. date first set forth above. SETTLERS IRRIGATION DISTRICT e By ~~ ~ C7~~ Attest: President of its Board o€Directors Secretary City of Meridian {nac~ of Licensee) ```~~«uuii~Ui r~~ ~~ ~~ C~ MEgj ~,;Y \~.~~ ~/,9 ~~. amm de W erd ~~ .~r~o ~~ I£s,. Mavor ~~ - :r ~ ~ ~`~ q Pe ~~''~~•, ~avnrrY ~ ~~•~~'~~ UTILITY LICENSE AGREEMENT - 9 CLIENT:573845.4 Revised 4/3/08 STATE OF IDAHO } ss. County of Ada ) On this ~~ day of Q,~'~YYIrXA ZU~ before me, tie wnd~rsigned Notary Public in ar~d for the said state, personally appeared _ ''~~i1't ~aUi S , known or identified to me to be the President of SETTLERS IRRIGATION DLSTRIGT, the persott who executed the instrument on behalf of SETTLER6 IRRIGATION DISTRICT, and acknowledged to me that SETTLERS IRRIGATION DISTRICT executed the wane. IN WI'I`l~TESS WHEREOF, I have hereuttta set my hand and. affixed rhy o$ical -seal the day and year itt This certificate first above written, ~-''y. Nt3TARY P ~F~(JR IDAfIO Residing at t ~ My Commission Expires ST.~'I"E OF IDAHO ss. County of Ada ) On this (~ day of t lu- ~~ ~ , 20 n~ before me, the undersigned Notary Public in and for the said state, personally appeared j/ I GK,t I~ e'1 known or identified to me to be the Secretary of SETTLERS IRRIGATION DISTRICT, the person vuha e~cecuted the instrument on behalf of SETTLERS IRRIGATION DISTRICT, and acknowledged to me that SETTLERS 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. ice' ~ .. , :~1gFI11t Npp~ , a s iOt,~,r~`s. :~jt~8L1C ,,~ '•, F ~~'••,~F tDAKQ NOTARY PUBLIC'',POR Residing at ~1~, My Commission Expires IDAHO UTILITY LICENSE AGREEMENT -10 CLIENT:573845.4 Revised 4t3/~ STATE {7F Idaho ) ~- County of _Ada ) ' Qt" On this ~ day of I~(~Yernbe~ , ZU_, before me, the u~rdersigned Notary Public in and for said state, personally appeared Tammy de Weerd ~ lrnoWn az identified. tt~ me to be the 1r of City of Meridian whn is the person who executed the ` ent on behalf of City of Meridian , and aclartowledged to me that City of Meridian , exeEUted the same. IN WI'TNES~ WI~REOF, I have hereunto set my-hand and affixed my official seal the day and year in this certificate iarst above Written. rrrrrrr~y . . ~~'~A~ ~'~~ NOTARY P LIC F(JR Idaho • T-. - p .G''; ~ Residing at • ~P ;+~: 1V.ly C€immssic~n Expires ~''~ •. ~ ~~^ . ^ r q~ ~i .. ~~ '• f • ' •~~i" /~ ~ ~ '~~ 4L ~HO rr~ ~~rii^rrr UTILITY LICENSE AGREENiE1VT -11 CLIENT:573845.4 Revised 41310£3 EX~iiRIT A Legal Description of low voltage traffic controls Crossing Northeast Quarter of Section 26, Township 4 North, Range 1 West, Ada County, Idaho EXHIBIT A CLIENT:573845.4 EXHIBIT B Er-gin~ering Plans and. Specifications E3~IT B CLIENT:573845.4 "GOOI ~" 'I9DI~IS ~?II~3 Q~02I 2t~QtIPI 'H "'~" ~o-Rz-tt °°"° ~ . m° '°° ~ °~ J. ~ ~ 5. 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Sm °°°~~~.8.°..°v5 8~` s ~ ~.n,c'E a:a o a °-c~S $ ~$~ & fia~~aEg g~ E$'$« Eo°o V $.~ ~-m~Q $0°~ ~o$ $ 'mod- °e u~peO ~ ~o a ~ ~ ° fs,aF e.~c~,.s ~.a ru°~tl n:xx a~~$~~~= o0a ~~ ~3n a'~ gY ~°~~°n:$ ~.~ ~~ ~~ a "~v°aeao'o'Eo'-+`x abo~~ ~rr°I `~'~o~g9Qk~o Sna 2E~~~~ fi S Y¢NZ~N $ 'szo°$~:?E~°'$'B'rS<n~k'bo°~9 ~@'e~~ ~a3 o4a°s°O~~°~ ~~,€.s f~~eo~ ss°a ~~ o~ ~'So u.ra"ao ~ a3z °° a°t r2 d rgovi~oo ss°ri $< t~s'u°p zS~ EXHIBTi" C Clean Water Act Section 444 Permit Certification The undersigned represents he/she is a duly authorized representative of City of Meridian ("Licensee', and hereby certifies that a (narrse of Licensee) Clean Water Act Section 444 Permit is not required for Licensee's low voltage traffic controls (description cf c~rossiag(s)} crossings} of the North Slough No. 1 Lateral (aka Simpson Lateral) for the following (natl~ of t:anel, lateral, or ditch reason: ^ The crossing(s) contemplated under this Agreement will be overhead crossings and will not include any excavation in or around or any discharge of dredged or fill material into the District's facility. Q Licensee will use the `°b~,iring" method of construction which will-not include any excavation in or around, or any discharge of dredged or fill material, iota the Dis~ct°s facility. ^ The North Slough No. 1 Lateral (aka Simpson Lateral) is axl existing name o ' ;or etc piped facility; thus, arly construction impacting the facility will not include any discharge of dredged or fill. material into the facility. ^ The crossings} contemplated under this Agreement will be inserted into existing conduit crossing(s) of the North Slough No. 1 Lateral (aka Simpson Lateral) (name of canal, lateral, or ditch) ^ Licensee is in receipt of a Clean Water Act Section 444 Permit exemption letter from the United States Arrny Corps of Engineers (attached hereto}. DATED THIS day of , ~4 City of Meridian (name of nsec) ``,1{Iltlllilfl)/// ``~.~ ~, ~~ %~Vritten Nam • ammy de Weerd ~~~ ~}thorized Title:. _Mayor r ~-- ~~ro ~2~L G ~ ~o .,,0,9 is Q•r,. i ,, E?X1~3IT C ~ ~ ,,, ~l./~}T~ ~ ~ CLIENT:573845.4 ;,.