HomeMy WebLinkAboutLicense Agreement with Settler's Irrigation for Black Cat Sewer Trunkg,
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RECORDING REQUESTED BYAND
WHEN RECORDED RETURN TO:
MoJJ'att, Tho~eas, Barren, Rock &
Fields, Chartered
101 S. Capitol Boulevard, 10th Floor
Post O~"ace Box 829
Boise, Idaho 83701-0829
ADA COUNTY RECORDER J. DAViD NAYARRO AMOUNT 63.00 21
BOISE IpAH017127107 11:29 AM (I~ I'~I~'t'~II~~~'~I~~~~~4II~I~~~ ~`~
DEPUTY Paid Thompson 1 l I
RECORDED-REQUEST OF 10716973
Mollatt Thomas
(Space Above For Recorder's Use)
LICENSE AGREEMENT
FOR BLACK CAT SEWER TRUNK LINE
This License Agreement far Black Cat Sewer Trunk Line (the "Agreement") is
entered into and made effective this ~ day of ~~C Znti ~ G ~' , 2007, by and among
SETTLERS IRRIGATION DISTRICT, an irrigation district organized and existing under and by
virtue of the laws of the State of Idaho, whose address is Post Office Box 7571, Boise, Idaho
83707; CITY OF MERIDIAN, a municipal corporation organized and existing under and by virtue
of the taws of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho
83642; BRIGHTON CORPORATION, an Idaho corporation, whose address is 12601 West
Explorer Drive, Boise, Idaho 83713; PRIMELAND DEVELOPMENT COMPANY, LLP, an Idaho
limited liability partnership, whose address is 3120 West Belltower Drive, Meridian, Idaho
83646; and TREEHAVEN, LLC, an Idaho linvted liability company, whose address is 4042 West
Chinden Boulevard, Meridian, Idaho 83646.
In addition to the other capitalized terms defined herein, this Agreement contains
certain words which shall have the following meanings:
(a) "City" refers to the CITY OF MERIDIAN.
(b) "Brighton" refers to the BRIGHTON CORPORATION.
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(c} "Developer" collectively refers to BRIGHTON CORPORATION,
PRIlVIELAND DEVELOPMENT COMPANY, LLP, and TREEHAVEN, LLC.
{d) "Primeland" refers to the PRIMELAND DEVELOPMENT COMPANY, LLP.
{e) "Treehaven" refers to the TREEHAYEN, LLC.
(fj "Settlers" refers to SETTLERS IRRIGATION DISTRICT, an irrigation
district organized and existing under and by virtue of the laws of the State
of Idaho.
(g) "Black Cat Sewer Trunk Line" and "Property" refers to the real property
depicted in Exhibit A-Vicinity Map, attached hereto and made a part
hereof.
(h) "Specifications" means Settlers' standard engineering drawings on file
with Settlers, and the statements describing the materials, dimensions, and
workmanship for the construction to which reference is made in the plans,
maps, drawings, and notes listed in Exhibit B, attached hereto and made a
part hereof.
(i) "Utility" or "Utilities" means those services provided to the development
by private or public entities, including, but not limited to, telephone, cable,
electric, water, sewer, and gas, etc.
WHEREAS, Settlers owns and maintains a system of canals, laterals and drains,
including the Settlers Canal, also known as the Letup Canal (hereinafter the "Settlers Canal',
and the McMullen Lateral, for purposes of delivering and removing irrigation water to and from
its landowners, together with easements to convey water in such canals, laterals, drains;
easements for ingress and egress; and easements for the operation, inspection, maintenance, and
repair of the canals, laterals, and drains;
WHEREAS, City, in collaboration with Brighton, Primeland, and Treehaven, is
constructing a sanitary sewer system between Moonlake Road and Chinden Boulevard along
Black Cat Road, located within Sections 27, 28, 33 and 34 in Township 4 North, Range 1 West,
LICENSE AGREEMENT FOR BLACK CAT SEWER TRUNK LINE - 2
221SS.4S BOI MT2:888460.1
~ i
and Sections 3 and 4 in Township 3 North, Range 1 West, Boise Meridian, City of Boise, Ada
County, Idaho, as depicted on Extubit A;
WHEREAS, City and Developer desire to obtain a license from Settlers in order
to construct, own, operate, and maintain atwenty-four inch (24") sewer line which will cross the
Settlers Canal along Black Cat Road and south of McMillan Road, as depicted in the plans,
maps, drawings and notes listed in Exhibit B;
WHEREAS, City and Developer further desire to obtain a license from Settlers in
order to construct, own, operate, and maintain a twenty inch (20") sewer line which will cross the
McMullen Lateral along Black Cat Road and south of Larry Lane, as depicted in the plans, maps,
drawings and notes listed in Exhibit B;
WHEREAS, Settlers desires to grant the licenses to City and Developer for the
purposes of constructing, owning, operating, and maintaining the sewer line crossings along
Black Cat Road;
NOW, THEREFORE, in consideration of the mutual benefits to be received by
Settlers, City and Developer, 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 pasties agree with one another as follows:
AGREEMENTS:
1. Grant of Licenses. Settlers hereby grants to City and Developer the
following licenses:
(a) A license for the purposes of constructing, owning, operating, and
maintaining atwenty-four inch (24") sewer line which will cross the Settlers Canal along Black
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Cat Road and south of McMillan Road, in accordance with the terms and conditions hereof and
as depicted in the plans, maps, drawings and notes listed in Exhibit B.
(h) A license for the purposes of constructing, owning, operating, and
maintaining a twenty inch (20") sewer line which will cross the McMullen Lateral along Black
Cat Road and south of Larry Lane, in accordance with the terms and conditions hereof and as
depicted in the plans, maps, drawings and notes listed in Exhibit B.
These licenses are collectively referred to hereinafter as the "Licenses"
2. Restrictions on Licenses. Unless otherwise set forth in this Agreement,
the Licenses are subject to the restriction that no construction may begin on the Settlers Canal or
the McMullen Lateral until November 1, 2007, and all construction involving said facilities must
be completed prior to March 15, 2008. City and Developer expressly acknowledge and agree
that this Agreement does not grant City and Developer the right to install any property, utilities,
equipment, improvements, or other facilities, except as may be described in this Agreement, or
the right to impair any rights of Settlers or others in the use of the Settlers Canal and the
McMullen Lateral. This grant of the Licenses is expressly conditioned upon the prior receipt by
City and Developer of any and all necessary approvals from governmental entities and private
parties for its activities to be performed under the terms of this Agreement, and is further
expressly conditioned upon Settlers' prior written approval of all drawings and plans concerning
the activities to be conducted by City and Developer under this Agreement.
3. Term of Grant of Licenses. The term of the Licenses shall commence
upon the effective date of this Agreement and shall continue for so long as City and Developer
are in compliance with the terms of this Agreement. Settlers may revoke the Licenses granted
hereunder should City and/or Developer at any time fail to comply with the terms and conditions
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of this Agreement; provided, however, that Settlers delivers to City and Developer written notice
of such failure and City and/or Developer fail to cure the lack of compliance within fifteen (15)
days of delivery of such written notice.
4. Installation and Insuection. City and Developer, following execution by
the parties and recording of this Agreement, and subject to the time limitations set forth herein,
may commence the construction contemplated under this Agreement and a.s described in the
plans, maps, drawings, and notes referenced in Exhibit B. City and Developer shall notify
Settlers forty-eight (48) hours prior to commencement of any construction impacting its
facilities, including the Settlers Canal and the McMullen Lateral. City and Developer, or their
agents or contractors, shall perform all work contemplated by the terms of this Agreement in a
workmanlike manner. City and Developer agree to assume all responsibility, including general
liability and costs for the construction.
Unless otherwise set forth in this Agreement, any construction or other activities
by City and Developer which may impede or impair the flow of water through the Settlers Canal
and the McMullen Lateral may only be performed during the non-irrigation season, which is
usually between November 1 and March 15. City and Developer expressly acknowledges that,
notwithstanding City's and Developer's assumption of certain responsibilities and receipt of
certain rights under this Agreement, Settlers does not relinquish its ownership rights in any
portion of its facilities, including the Settlers Canal and the McMullen Lateral.
5. Warranties. The plans, maps, drawings, and notes listed in Exhibit B must
be approved in writing by Settlers prior to commencement of any construction which will impact
Settlers' facilities, including the Settlers Canal and the McMullen Lateral. City and Developer
hereby represent and warrant that the construction contemplated hereunder will be free of defects
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in material and workmanship. City and Developer agree to replace any portions of the
improvements impacting the Settlers Canal and the McMullen Lateral which fail due to defects
in material, workmanship, or improper installation, for a period of two (2) years from the date of
fmal inspection of the construction by Settlers.
6. Recognition of Existing_Easement for the Settlers Canal. Developer and
City hereby recognize an existing prescriptive easement for the Settlers Canal comprising a total
width of fifty feet (50~, including the canal channel (the "Settlers Canal Existing Easement").
Such Settlers Canal Existing Easement exists for the purposes of conveying water in the Settlers
Canal and for ingress and egress in order to operate, repair, and maintain the Settlers Canal.
7. Reco~anition of Existing Easement far the McMullen Lateral. Developer
and City hereby recognize an existing prescriptive easement for the McMullen Lateral
comprising a total width of thirty feet (30'}, including the lateral channel (the "McMullen Lateral
Existing Easement" and, together with the Settlers Canal Existing Easement, the "Existing
Easements"). Such McMullen Lateral Existing Easement exists for the purposes of conveying
water in the McMullen Lateral and for ingress and egress in order to operate, repair, and
maintain the McMullen Lateral.
$. No Landscaping and Other Improvements. Developer and City
acknowledge that Settlers will not authorize City or Developer to construct or install, or
authorize others to construct or install, any improvements, such as fences, structures, statues,
boulders, rocks, concrete, asphalt, pathways or monuments, or any landscaping, such as trees or
shrubs, within the area of the Existing Easements. It is expressly agreed that Settlers shall not be
responsible for any damage to any landscaping or improvements constructed or installed by City
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or Developer or their agents or contractors resulting from Settlers' operation, maintenance, repair
and/or replacement of either the Settlers Canal or the McMullen Lateral.
9. Utility Crossings. Unless City and Developer have previously disclosed
utility locations by providing plans fully depicting the utility locations through a utility plan or a
joint trench utility plan, City and Developer shall not allow any Utilities or any private party to
cross any portion of the Settlers Canal or the McMullen Lateral, or otherwise use or encroach
upon Settlers' irrigation easemenrts, without the express written consent of Settlers. Said written
consent may take the form of an addendum to this existing Agreement or, Settlers, in its
discretion, may require that separate license agreements be executed between Settlers and the
Utility or private party seeking to cross the Settlers Canal or the McMullen Lateral. Where other
Utilities or private parties will be crossing Settlers facilities and/or systems, those Utilities or
private parties are required signatories of this Agreement, in addition to the City and Developer,
unless this requirement is waived in writing by Settlers.
In the event that City and Developer have not provided utility plans and assert that
no Utility or private party will be crossing a Settlers facility and/or system, City and Developer
shall present to Settlers proof of this fact in one of the following forms:
(a} title report confirming that no other easements have been granted and
recorded as of the date of recording of this Agreement, or
(b) signed writings from the individual Utilities serving the project stating that
they will not be crossing a Settlers facility and/or system.
Absolutely no construction may proceed until said City, Developer or Utilities
have met these siting/crossing requirements to the satisfaction of Settlers.
10. Operation, Maintenance, and Repair of Crossing_ImQrovements of the
Settlers Canal and the McMullen Lateral. It is recognized by Settlers that maintenance, repair
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and/or replacement of the crossing improvements constructed by City, Developer or Utilities and
which cross a Settlers facility, under the terms and conditions of this agreement and as identified
in the plans, maps, drawings, or notes listed in Exhibit B, may be necessary subsequent to the
execution and recording of this Agreement. In the event that City, Developer or Utilities desire
to perform any maintenance, repair and/or replacement of such crossing improvements, they
acknowledge and agree that the prior written consent of Settlers is required prior to
commencement of any such maintenance, repair and/or replacement of the crossing
improvements within the area of the Existing Easements.
11. Prohibition of Stormwater Discharge Outlets into Facilities.
Notwithstanding anything to the contrary contained in this Agreement or the plans, maps,
drawings, and notes listed in Exhibit B, it is hereby acknowledged and agreed by the parties
hereto that Settlers does not approve, authorize, permit, allow, or accept any stormwater
discharge into any facility owned, operated, and/or maintained by Settlers, whether it be a pipe,
conduit, culvert, canal, lateral, drain or other ditch. Also, Developer and City agree to not
construct, or allow the construction of, any facilities capable of conveying stormwater discharges
into any facility owned, operated, and/or maintained by Settlers.
12. Express Waiver. In the event that any Utilities or private parties do cross
Settlers facilities and/or systems, or share in the use of Settlers' facility/system perpetual
easements, said Utilities or private parties waive any and all claims against Settlers, now and in
the future, concerning or arising from Settlers' water distn~bution, operation, and maintenance
activities involving Settlers' facilities and/or systems.
13. Indemnity. City, Developer, and any Utility or private party that crosses a
Settlers facility and/or system or uses Settlers' easements, agree to protect, defend, indemnify,
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and hold Settlers and its officers, directors, employees, members, and agents harmless from and
agavnst any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any
nature, including court costs and attorney fees, arising from or out of any acts or omissions of
City, Developer, Utility, or private party, their agents, or contractors related to or in connection
with (a) their crossing of Settlers' facilities and/or systems; {b) use of the easements of Settlers;
{c) any activity under this Agreement; and (d) the exercise of any privileges or performance of
any obligations by City, Developer, Utility, or private party hereunder.
Furthermore, City,. Developer, and any Utility or private party, agrees to protect,
indemnify, and hold Settlers and its officers, directors, employees, members, and agents
harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and
expenses of any nature, including court costs and attorney fees, arising from or out of water
quality violations, flooding, or any interruption or interference with the flow of water in the
Settlers Canal and the McMullen Lateral caused by any act or omission of City, Developer, and
any Utility, private party, or their agents.
i 4. No Liens. City and Developer shall allow no liens as a result of any labor
performed or materials supplied in connection with the activities of City, Developer, its agents,
or contractors, to attach to the Settlers Canal, the McMullen Lateral, or to any adjacent lands
held by Settlers.
15. Permits. City and Developer represent that they have obtained all permits,
licenses, and acknowledgments required to conduct the activities to be performed under the
terms of the Agreement. Additionally, City and Developer shall deliver to counsel for Settlers a
copy of a Clean Water Act Section 404 Permit or non jurisdictional determination (waiver) from
the United States Army Corps of Engineers prior to commencement of construction impacting
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22tss.as eoi_nRr2:sssaso.~
Settlers' facilities, including the Settlers Canal and the McMullen Lateral. The parties hereby
recognize and agree that this Agreement will not be executed by Settlers and recorded until
counsel for Settlers is in receipt of the appropriate Section 404 Permit or non jurisdictional
determination.
16. Limitations on Liability/Attorney Fees. The parties hereto agree that
nothing herein contained shall be construed to create a joint venture, partnership, or other similar
relationship which 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 any party herein against any other party arising out of this Agreement or in
connection with the activities of City and Developer, or their agents or contractors, under this
Agreement, the nonprevailing party in such suit or proceeding shall pay to the prevailing party
such sum or sums as the court shall adjudge reasonable for litigation fees and costs, including
paralegal fees and any such fees and costs on appeal.
I7. Further Consideration. City recognizes that the improvements impacting
Settlers facilities and the Licenses herein granted are for its benefit, and not for the benefit of
Settlers, and, for that reason, agrees to promptly pay all engineering costs and legal expenses
relating to the negotiation, preparation, and execution of this Agreement. It is expressly agreed
that Settlers shall not be responsible for the payment of said costs or fees.
I8. Entire Agreement. This Agreement contains the entire agreement between
the parties hereto with respect to the subject matter of this Agreemerrt. Amendments to this
Agreement shall be made only by written instrument executed by each of the parties hereto.
19. Binding_Effect. The promises, covenants, conditions, and agreements
herein contained shall be binding on each of the parties hereto and on all parties and all persons
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22iss.as eoi_t~nrxeseasa.~
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 their respective successors and assigns.
20. Severability. If any part of this Agreement is held to be illegal or
unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be
given effect to the fullest extent reasonably possible.
21. No Waiver. The failure of a party to insist on the strict performance of
any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall
not constitute a waiver of any provision of this Agreement or limit such party's right to enforce
any provision or exercise any right.
22. Interpretation. The validity, meaning, and effect of this Agreement shall
be determined in accordance with the laws of the State of Idaho.
23. Representations and Warranties.
(a) Settlers. Settlers represents and warrants that: (i) it is an irrigation district
organized and existing under and by virtue of the laws of the State of Idaho; (ii) it has the
capacity to enter into and perform its obligations under this Agreement; (iii) all organizational
and other actions required to authorize Settlers to enter into and perform this Agreement have
been properly taken; and (iv) this Agreement has been properly executed and delivered by
Settlers and is valid and binding upon Settlers in accordance with its terms.
(b) Cam. City represents and warrants that: (i) it is a municipal corporation
organized and existing under and by virtue of the laws of the State of Idaho; (ii) it has the
capacity to enter into and perform its obligations under this Agreement; (iii) all actions required
to authorize City to enter into and perform this Agreement have been properly taken; (iv) this
Agreement has been properly executed and delivered by City and is valid and binding upon City
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in accordance with its terms; and (v) it has obtained all permits, licenses, and acknowledgments
required to conduct the activities to be performed under the terms of the Agreement.
(c) Bri ton. Brighton represents and warrants that: (i) it is a corporation
duly incorporated and in good standing in the State of Idaho; (ii) it has the capacity to enter into
and perform its obligations under this Agreement; (iii) all actions required to authorize Brighton
to enter into and perform this Agreement have been properly taken; (iv) this Agreement has been
properly executed and delivered by Brighton and is valid and binding upon Brighton in
accordance with its terms; and (v) it has obtained all permits, licenses, and acknowledgments
required to conduct the activities to be performed under the terms of the Agreement.
(d) Primeland. 1'rimeland represents and warrants that: (i) it is a limited
liability partnership duly organized and in good standing in the State of Idaho; (ii) it has the
capacity to enter into and perform its obligations under this Agreement; (iii) all actions required
to authorize Primeland to enter into and perform this Agreement have been properly taken;
(iv) this Agreement has been properly executed and delivered by Prirneland and is valid and
binding upon Primeland in accordance with its terms; and (v) it has obtained all permits,
licenses, and acknowledgments required to conduct the activities to be performed under the
terms of the Agreement.
(e) Treehaven. Treehaven represents and warrants that: {i) it is a limited
liability company duly organized and in goc-d standing in the State of Idaho; (ii) it has the
capacity to enter into and perform its obligations under this Agreement; (iii) all actions required
to authorize Treehaven to enter into and perform this Agreement have been properly taken;
(iv) this Agreement has been properly executed and delivered by Treehaven and is valid and
binding upon Treehaven in accordance with its terms; and (v) it has obtained all permits,
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22155.45 BOl MT2668460.1
licenses, and acknowledgments required to conduct the activities to be performed under the
terms of the Agreement.
24. City's Authorization of Sigtlnature. City hereby warrants that the person
signing this Agreement has been authorized to do so by City.
25. Brighton's Authorization of Signature. Brighton hereby warrants that the
person signing this Agreement has been authorized to do so by Brighton.
2b. Primeland's Authorization of Si nature. Primeland hereby warrants that
the person signing this Agreement has been authorized to do so by Primeland.
27. Treehaven's Authorization of Signature. Treehaven hereby warrants that
the person signing this Agreement has been authorized to do so by Treehaven.
28. Notices. All notices permitted or required to be given under the terms of
this Agreement shall be in whiting 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
33 East Idaho Avenue
Meridian, Idaho 83642
BRIGHTON CORPORATION
12601 West Explorer Drive
Boise, Idaho 83713
PRIMELAND DEVELOPMENT COMPANY, LLP
3120 West Belltower Drive
Meridian, Idaho 83646
TREEHAVEN,LLC
4042 West Chinden Boulevard
Meridian, Idaho 8364b
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Each pafiy may change its address for delivery by written notice in the manner provided herein.
29. Recordin>?. This Agreement shall be recorded upon execution in the office
of the county recorder for each county in which any portion of the land covered by the
Agreement is located.
[Signature Page Follows]
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22155.45 got INTZ:~g4gp,~
IN WITNESS WHE1tE(3F, the parties hereto have executed this Agreement the
date first set forth above.
CITY OF MERIDIAN
t~ui~ifttir~r By "~'~/ `~
~~~.~'~ ~ ~~~''~.,. Tammy de W d, its Mayor
~ ~{ J ~r~,
Attest: ° ~~ "
- ~w~~.a =
City Clerk = Leo
~~-pO T1a~~, .:
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,~~~'%~~f~~'r„(3t j~~(,``~~~``~~BRIGIITO~F CORPORATION
By vt~ivwvGtiv~/v~
~FilID !U• Zll/G~f/!~ldLG (written name)
Its ~/l~tn~iir
PRIMELAND DEVELOPMENT COMPANY,
LLP
B
rank Varriale, its Managing Partner
TREEHAVEN, LLC ~ ~
(\ _
By.
(written name)
SETTLERS IRRIGATION DISTRICT
By ~>~ ~~-J
Tom Davis, President
of its Board of Directors
Attest:
~~
Vicki Keen, Secretary
LICENSE AGREEMENT FOR BLACK CAT SEWER TRUNK LINE - IS
22155.45 sai_m-T2.esa4so-~
STATE OF IDAHO )
ss.
County of Ada )
On this ~~ day of ~GYet'T'1~jr' , 2007, before me, the undersigned
notary public, personally appeared TAMMY DE WEERD, known or identified to me to be the
Mayor of CITY of MERIDIAN, who is the person that executed the instrument or the person who
executed the instrument on behalf of CITY OF MERIDIAN, and acknowledged to me that CITY OF
MERIDIAN, executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certfficate first above written.
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STATE OF IDAHO )
ss.
County of Ada )
t ~ ~~Yll~oh-~
NOTARY P LIC FOR IDAHO
Residing at ~
My Commission Expires _ -1 ~-~ I
On this ~ day of e~-~'~''~~, 200?, before me, the undersigned
notary p~lic, personally appeared~~ i ~Y~^~~own or identified to me to
be the t~tal~`7C of BRIGHTON CORPORATION, an Idaho corporation, who is the
person that executed the instrument or the person who executed the instrument on behalf of
BRIGHTON CORPORATION, and acknowledged to me that BRIGHTON CORPORATION, executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this cerkificate first above written. j
w~','~ D.~R.Ii y~ ~ ~~ N TAR P IC FOR IDAHO
a ~' ~' •~., :~ ~ esiding at ~ ~-a...•
i ~ i' `~` ~ My Commission Expires I p- ~ • ~ I ,~
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LICENSE AGREEMENT FOR BLACK CAT SEWER TRUNK LINE -16
22155.45 BOI_MT2:668460.1
i
STATE OF IDAHO )
ss.
County of Ada )
On this. ~ i "day of ~~'~'°' , 2007, before me, the undersigned
notary pubiic, personally appeared FRANK VARRIALE, known or identified to me to be the
Managing Partner of PRIMELAND DEVELOPMENT COMPANY, LLP, an Idaho Limited liability
pam-ership, who is the person that executed the instrument or the person who executed the
instrument on behalf of PRIMELAND DEVELOPMENT COMPANY, LLP, and acknowledged to me
that PRIMELAND DEVELOPMENT COMPANY, LLP, 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. ~
• '• .
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~' '~ ~' `~ °' N TAR LIC F R IDAHO
~~~ ° D~C`~lR y ~~ ?
ss ~ !_ ~ esiding at 1/Yt~rC,~+ ~r~
S: ~° ,G ~~~ ~ My Commission Expires 1 D - ~- ~ 1 l
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STATE OF IDAHO )
ss.
County of Ada )
On this ~ day o 'e, t:i~ , 2007, before me, the undersigned
notary publiq.personally appeared ~ ` et known or identified to me to
be the Q t A of TREEHAVEN, LLC, an Idaho limited liability company, who is
the person th t e ecuted the instnunent or the person who executed the instrument on behalf of
TREEHAVEN, LLC, and acknowledged to me that TREEHAVEN, LLC, 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.
O~,'~ ~R ~0*9'k ~'Oi
~4~°°°°N°°°'•°;~~ °°'.° NOTARY PUBLI F R IDAHO
°g ~oTARy a ': Residing at .gQth~,__~ 3~~.hv
~•- ~ = My Commission Expires ~ - /V - ~-C3 ( ~
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LICENSE AGREEMENT FOR ]BLACK CAT SEWER TRUNK LINE - l7
22155.45
BOI_MT2:668460.1
.,
STATE OF IDAI3O )
} ss.
County of Ada )
On this ~ day of ~ec~b~~ , 2007, before me, the undersigned
Notary Public in and for said state, personally appeared TOM DAMS, known or identified to me
to be the President of the Board of Directors of SETTLERS IRRIGATION DISTRICT, the person
who executed the instrument on behalf of the SETTLERS IRRIGATION DISTRIC I', 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.
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STATE OF IDAHO )
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County of Ada )
NOTARY I~H
Residing at
My Commission
On this j~ day of e 2007, before me, the undersigned
Notary Public in and for said state, personally appeared VICKI KEEN known or identified to me
to be the Secretary of SETTLERS IRRIGATION DISTRICT, the person who executed the
instrument on behalf of the 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.
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! ~ .•• •,~' y~ NOT Y P~u~L,I.C FOR IDAHO
,~~'' ~O"~ AR Y '~ ~ Residing at ,I~SC ~~.
~•"' My Commission Expires ~~~5 `C7 9
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LICENSE AGREEMENT FOR BLACK CAT SEWERTRUNKLINE -18
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EXHIBIT A
Vicinity Map
Biack Cat Sewer Trunk Line
EXHIBIT A
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Cf TY fJF MER1DiAN
NORTH BLACK CAT TRUNK SEWER
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EXHIBIT B
Engineering Plans and Specifications
PIease refer to the following plans prepared by J-U-B Engineers, for Black Cat
Sewer Trunk Line Project, Job No. 1005026 002:
Title Sheet, Overall Vicinity Map, and Index of Sheets, Sheet 1 of 16, dated
9/7/07
General Construction Phasing Plan, Sheet 2 of 16, dated 9/7/07
General Notes and Legend, Sheet 3 of 16, dated 9!7/07
Line "A" Plan and Profile, Sheets 5 and 8 of 16, dated 9/7/07
EXHIBIT B
BOI MT2:888460.1