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HomeMy WebLinkAboutLicense Agreement with Nampa Meridian Irrigation District NMID for South Slough Sewer Line Interceptor u5y, 4 *Y{ 1 ~ ~ _ Y 4~ Z u x a _ ,Z~3,/9 2 LICENSE AGREEMENT L CENSE AGREEMENT, made and entered into this ~ day of 1992, 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, party of the first part, hereinafter referred to as the "District", and CITY OF MERIDIAN, a municipal corporation, party or parties of the second part, hereinafter referred to as the "Licensee", W I T N E S S E T H• WHEREAS, the real property concerned is (burdened with the easement of the District hereinafter mentioned) particularly described in Exhibit A attached hereto and by this reference made a part hereof; and, WHEREAS, the District is the owner of the watercourses known as Creason Lateral, Creason Feeder, South Slough, and Jackson Stub Drain together with the easements therefor, including the easement to convey irrigation water in such watercourses and the easements to operate, maintain and repair such water courses, and including easements of ingress and egress for those purposes, and which watercourses are integral parts of the irrigation works and systems of the District and which watercourses and the said easements therefor cross and intersect said real property as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to install sewer lines within the District's easements and to cross the District's watercourses in the manner hereinafter appearing and under the terms and conditions hereinafter set forth; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree each with the other as follows: 1. The Licensee shall have the right to install sewer lines and cross the District's watercourses in the manner generally set forth in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. All installation and shall be performed in accordanc LICENSE AGREEMENT - Page 1 activity on the District's easements e with the "Special Conditions" stated ~. S G uTl-F S l.C LI ~~ S~ W E YL- 1- I Vl E in Exhibit D, attached hereto and by this reference made a part hereof. 2. The sewer lines installed by the Licensee shall be constructed, maintained and kept in repair and kept clean at all times by the Licensee, and at the cost and expense of the Licensee. 3. The Licensee agrees to construct and maintain the sewer lines in a safe condition to the end that the sewer lines and the District's said watercourses shall not constitute a hazard to any person or persons, and to .indemnify, hold harmless and defend the District from all claims for damages arising out of any hazard or negligence in the construction, operation, maintenance and repair of said sewer lines or the failure of the Licensee to keep the same in safe condition. 4. Construction and other work shall be accomplished by the Licensee at such times and in such seasons and in such manner so as not to interrupt or interfere with the flow of irrigation water or with the delivery of irrigation water by the District to any of its landowners. 5. The Licensee agrees to indemnify, hold harmless and defend the District from all claims of any of its landowners for damages from the impairment of the flow of irrigation water in said watercourses which may be caused by the Licensee's actions under this agreement or in breach of this agreement. 6. The District reserves the right, at its option, to remove any impediment to the flow of water through its said watercourses and to remove sewer lines or any facilities installed by the Licensee, and to remove any hazards to person or property which may arise by reason of what the Licensee has done under or in breach of the terms of this agreement. Before taking such action, the District shall notify the Licensee of the existence of such impediments, hazards or other problems and afford the Licensee the opportunity to cure the condition within a reasonable time as defined by the District unless circumstances in the nature of emergency in the judgment of the District render notice to the Licensee not feasible. The Licensee agrees to pay to the District on demand the costs which shall be reasonably expended by the District for such purposes. If the Licensee shall fail in any respect properly to maintain and repair said sewer lines, then the District at its option and without impairing or in anywise 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. 7. The Licensee agrees that the work performed and the materials used by the Licensee at all times shall be subject to inspection by the District and by the engineers for the District, and that final acceptance of the construction work shall not be made until LICENSE AGREEMENT - Page 2 all such work and materials shall have been expressly approved by the District. 8. The Licensee agrees that the District shall not be liable for any damages which shall occur to any plants, structures or any other improvements of any kind or nature whatsoever which the Licensee shall place, raise, construct or install on the said easement area of the District, in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance or repair under this or any other paragraph of this agreement. 9. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this 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. 10. The parties hereto understand and agree that the District has no right to in any respect impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. 11. Nothing herein contained shall be construed to impair the easement and right of way of the District in the said ditch or canal and all uses of said ditch or canal and the said altered, modified or changed location of said ditch or canal and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation water. 12. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this contract, then the license of the Licensee under the terms hereof may be terminated by the District, and all structures in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its. equipment for the maintenance of its said ditch or canal may be removed by the District. 13. The Licensee acknowledges that the license herein granted is for his or its benefit, and not for the benefit of the District,-and, for that reason, the Licensee agrees to pay any attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the LICENSE AGREEMENT - Page 3 preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. 14. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said 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. IN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the Licensee has hereunto subscribed his name, or if a corporation, has hereunto caused its corporate name to be subscribed and its seal to be affixed by it officers first thereunto duly authorized by resolution of its Board of Directors, all as of the day and year herein first above written. NAMPA & MERIDIAN IRRIGATION DISTRICT r By Its President ATTESTS -- Its Secretary CITY OF MERIDIAN ICENSE~AGREEMENT - Page 4 STATE OF IDAHO ~ ss: County of Canyon ) „ On this ~ day of , 1992, before me, the undersigned a Not ry ublic in ~~nd fo aid State, personally appeared and ~'~.~~1~,11, known to me to be the Preside t 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, official seal the day written . .•``"`~~~°°°•••. • • •. ~f' • •••,gO~,~OTAR.~••c~'•• • • ~ • •..L r i •',AUBL~G ~ © ~~• •~a • •••~ .,~9TE OF 19,.x. ••••nn~a••` STATE OF IDAHO ) 1 ss: County of Ada I have hereunto set my hand and affixed my and year in this certificate first above Notary Public for Idaho Residing at ~~ ~~I~~ My Commission Expires://f~ On this /O ~ day of Q~~~~r' 1992, before me, the undersigned, a Notary Public in and for said State, personally appeared rvartf /Cin~sf~drd and ,~'aGlti !~l/e.lviOhh known to me to be the r and G`~v Clerk respectively, of CITY OF MER DIAN, the municipal orporation that executed the foregoing instrument and acknowledged to me that such ,municipal corporation 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 . i~~e9srrr/,,,~~~ ~@.r •. y s Notary Public fo Idaho ~~,Oj~Ry Residing at Boise, Idaho =~~ A \~ My Commission Expires: 1.0-21-98 s U B L ,,,,''r~~rE ® f `OP~`o,,,~~ LICENSE AGREEMENT - Page 5 EXHIBIT A Legal Description SE;NW~ and SANE;, Section 1, Township 3 North, Range 1 West, B.M., Ada County, Idaho. Licensee may also install, as provided by the plans, a sewer line in the NW', Section 6, Township 3 North, Range 1 East, B.M., Ada County, Idaho. EXHIBIT C Purpose of License The purpose of this License Agreement is to permit Licensee to install sewer lines within the rights of way along Creason Lateral, Creason Feeder, South Slough, and Jackson Stub Drain and to install a sewer line under Creason Feeder and Jackson Stub Drain, all in the general area southwest and southeast of the intersection of Meridian Road and Ustick Road, Ada County, Idaho. The crossing of Creason Feeder shall be in the area depicted in Sheet 8 of Exhibit D-1 hereto and the crossing of Jackson Stub Drain will occur in the area depicted as Sheet 10 of said Exhibit D-1 between sanitary manholes 22 and 23. EXHIBIT D Special Conditions 1. Construction shall be in accordance with certain plans entitled City of Meridian,~South Slough Intercept Line dated January 2, 1992 consisting of 14 sheets and further identified as project or plan FA No. 291127. Such plans have been delivered to the District's water superintendent, are in his possession in his offices, and are herein incorporated herein by this reference. 2. The installation of the sewer lines shall be as depicted in Exhibit D-1 which is incorporated herein by this reference. 3. Licensee shall notify the water superintendent of the District prior to and immediately after construction so that he or the District's engineers may inspect and approve construction. If the District's engineers perform such inspection, Licensee shall pay the District's engineers any fee charged in connection therewith. 4. Licensee shall place no structures of any kind above ground on the District's easement area except as referred to in this agreement or exhibits thereto without the prior written consent of the District. The District's easements along the applicable sections of the watercourses involved are as follows: LICENSE AGREEMENT - Page 6 Creason Lateral: 60 feet, 20 feet to left downstream, 40 feet to right Creason Feeder: 70 feet, 35 feet to each side of centerline South Slough: 80 feet, 40 feet to each side of centerline Jackston Stub Drain: 50 feet, 15 feet to the left looking downstream, 35 feet to the right 5. Licensee represents to the District that Licensee has obtained all rights, if any are required, to perform the acts contemplated by this Agreement from the owner of the land subject to the District's said easement. Should Licensee have failed to obtain such rights or should the rights obtained prove legally ineffectual, this Agreement shall be of no force and effect and 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. LICENSE AGREEMENT - Page 7 1 1 d z ~ n r V 1 0 o ~ ~ d z ~~ ~ a ~ o ~ ~ ~ _~ _ ~ iu um D - D ~, z ~ ~o o ~ ~ ~ °~ ~ ~ ~ ~~ ~ ~ ~ ~~ ~ ~ ~ _ CINDER ROAD ~ I"r"1 _1 D z N c ~ ~~ ~ ~ z MERIDIAN ROAD ~ ~ ~ ~ az O b ~ ~~ ~ ~~ zb ..3 a 0 ~~ • ~ ,~ ~ ~ b ~"-~ .p -1