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HomeMy WebLinkAboutLicense Agreement with Nampa Meridian Irrigation District for 8 Mile Lateral~+~ ~ ! ~. AOA COUNiY RECQRDEfl Chrlstopher D, ~Ish AMOUNT .DO '1~8' DEPUTY ~L 8 ea1~11 09:b1 AM ` !`1 ~! `I~I ~ `II ~ECORD~D-AE~UESTOF ~ I~~ fI~~I11~~I1Il1~~~~~I~~I~ it If Nsmpa Meridian 1n1gaUan Dis 111073182 f fCE~I E~~~~E~~t~i`~' ~! I LiCE~'SE~~R~ : ~~:~i~. ~~ade and ~ntcre~ti iron ti~i,~ciau of , ~7, bar -~nd bet~vc~:n NAiwIF~ t~. ~'IEI~II~1~1.~i ~R~i~~~.'i"`Ic~i ! DI~Th~C~'z an iirirition district t.~r~.;cr~zirt~rf and c:~ISElil+r 4 .. y untfc~r ~t~rd bar tririue c7~ the Ia~t:i Ot• llte St.i~e q~ ~d,ilio, party +~:f tits: ~rSi party, ftc:rein~tE'ttr re~f~~rred to a,~ [bc~ "Dis1a'ict.`' tlnti THE CITY OP' 1+IERI1~~1, a political suE~clivitii~~n ~~nt1 mtrniei~yitiiEy n~rE~e it~~li.~ of ~f~:lafro (I~ere.~inaftc:i•:`Ci~y:'j. f~rri•ty 4:• p~~rti~s ot'tlt~~ second part, hercin,zfler rete~•red to ~~~ the `'fJicens~~'," ,~'IT~~S~E~~~; ~HG1tL~5, file parti~~~ Hereto f.~~rterctf ink tr ~iitister P-ttfi~~',i`~ r1;;re~:nicr~t For Dc~~elapin~ and ~i1lntAlfltrl~ ~i~tlltiv.~.pS f~~r ptt~lfc use ~li0n~; artd Ftcrg4s SGi1lC U~ tft~ DiStfii:L'S tfiEChCS ~util «~i.tftirt SC.-i11C o~ the fJistrict's ~~~sct»~irts :ltd I`ez title lr~rlcls cjt~red D~:cenrl.~er ~9; ~(l~. rec;or~:fc~t~ ~~:~ ~nstru~nc:,~t l~c~. lOt~~.02~uI~~, ~~ records or' 1~d:i Cau»t}~. Idaho. ftereina~~e~• ieicrre:~ tc~ ;~:; tf~e "~Vfasrtr Pr~tlr~~vay r~~reetlZe:~t;' ;end, ~~fHEREr~~, t~fle ~:ISC~iC~ ford th4 City i'ittencled by ~:itttritrg Che i4La~ter P~~tl~u~;ly ~1gr~•~'n~ent I~~ ace~onYnlis~ ilre i:ofl+~«in r its ~r il~airrrer tftat is c~nsi.~t~'!It t4r(tIl Ihea~' resl~eetive Ic~~~ii Vinci f'icfu~~ictty respon.~ii~iliti~s; to en Irii~ce the Ci~r~s pit 1r~v~Ey l~ir~rtsting l~li}u;~h early cr~itsult;tlign bet~v~;en~ ~~iC City sing the District; to eti~~.ihli~;i~ a proc~•as (~cyr the Cii}~'a sul7miw~ioij aI'p~ttfn~~,ry requests and tfie District'> cq~~S;,:f~rritic~n t~C SUCf1 recicr~:tits; and to pro~'~c~C tine gcnt:r~tf Coitcfiti~~rrS tar tine Disti'ic~'s al~pto~~al anti auti~oriz~itloci of pat:lz~~=a«r't'~(~Zi4S15 c~~F~~:G~lil~ tine Dis~~•ict's di~ci~es, propcrry; apc+~'~3tiG~15 i111~ i11~1ZlYeniU1C~; und; ~IIE~tEr~S, tI~~~ District grants [o Ll~eits~e tine t3`~f~ll de~•elup p~~tlrivl~}-s t+~f er~craach «~iii~in tf~e DiSEric~~S GiESGiI't~'I~TS ~lf~1i1~? ititd ~ICr~SS I~~~ Disfi'iCt'S cfilc;;lt'~s Cail~lf~ Mild t~~1~4i3lt;nt'5 tller~l~~r upon the tCrri~s actcl condil~ivns o~'~s~tici 11rIt~~-tcr t'rttitway ~1~ree~nerit and a~'tci~ tllc~ erccut~ia~i of a Iicetisc a~reemc;rtt~ l+~r ~cic~h prop+~s~d crossing ttitcl ~:rtc~rcr~c.~htrtciat; and, ~~'~• ~l~fr~S, tiye Lic~n~re is rite o~~-i~er ctl'the re~ii property etttrinent 1 ri~hi' o~w~iy ~flurdi:ned i~-ith Efl`=e~tsemeittui~tlteDist.rietft4t•eitraftci•ntcirtic}t~ed~pt~~•licul~trivcies~:t'ib~~c~i i~~tlte"I~c~af ~3e~cripti+3~~''~lita~:hcd itti'~to i!!i f'llrti~rt t'~i %UICf hV this r~~lCr:~ttCe lYliid~.t ~7itt•t ilt'r~;~}l'•=,II1C1, `~zl~~~i~t~Et~5; tl:c: ,Di:~trict cc.~ittrt~ls ifte irrigatiC}ii ditC1~ or c~Eilal ~ilto4~Zi ,~s Try 1t~1I~.E Df~ (he=estl~~t~c:r col~f~cci:'e~;- r~~eired t,j ~t. "u itLl; cr,~ catl~ri''} to~etfier f~-'lt~i'~ tic: re~zf ~pt'Ct~,crt~- anillor ~;~~~se~~~enc• tt, c~?nvey irrigatir,il ~Wn.t~cr, icy rip-:r~~tc~ t,ild ~tt~lir,t,~zt~ tfl~~ dit~:il 4r Gi311a1, :tnd ~,t'h1Ch CrgSfii~s ~iTld intcr:~CCtS s~iiJ de~4•r'if~elf re~if prOpei•ty 4~ tflt Lrc~ris~it• 1i~ s1l~~e~~tt an I~xftii~it B att;,t:ii~:d 1~er~Ea 2nd by t1li~ r~~~c.r~~:i~~; ;t~,l,;f,; a p~irt lter~:n~; ;.~ncf, E~~+lS ~L~R~~s~~f t~tii ~' - ~;i~~ 1 ~r ti . .~r~I-ll~l~Er~s, thy: I.,ice~j,~;~. desir~y a lic,:c~,e to ijeri~arm constrctcci~n to ~~~,'~ tt ~~tlt~~rcy ~~tlit;iin :lt~: D[>[t iCt S t•c~SGI}1~:'li rt~i ~~~~ ~~ i ~. .. ~ ~ ~'.n «Iil~ Dr..~~r ~~c~i~i;r the ternt~ •;nd cczttditic,c~s c~~t' ~,~it! i~.t~,,.ter p•,;t~S,4r•,, .., . f~~)'C~IttC11[ ;tr~c'1 t~hos~;; ~l~rt'.~1„i~t~r,~t`l fttil'tl~, . l~'(3~~V,T~II~RI~QItiE, l~.nan~lin~~~c}sicl~;r,iti+an~~cl~upr~nji.~~+s1ndoirtheco~•enants:~y~.~rec~muntsand conditi~~ns It~rr' irtal'trr apt lttrif~ ~tjtcl tl~t~~c: set ~c~rtll in said lVl,.c~let• P;atll~~ajT ~~~reem~=nt, t1t~; rt~'tit~~ hereto a~rcc ;t~ Jolla«,s; ! l.. Licensee nl~i}~ Iac:;•t'arnl cC}nstrUCtlon t[ttiralttinw= the ~a~,ingol'tit~ gatl~~v~y on fl~~~ ~iztest side of the Test i~file Drai~~, ~c~ititirt the District's ~;tc~lnrnC l±or ~;Eid cir~,:ain, lor;ct~~tl ~itltf~t fhe ~ ari~tti C~~t~e . . ~ont~oi~tiniuttt~ ~outi~ c~t~t cif Ilte tntc,r,Sc.~,tioct at'Q~erittnd R~+,td and ~l~:r~~It~~n I;.u;tci it•Icr c ~ ! Idal~r~, ~ ~ i lianT.~ci~t CountyT ', flny consiructinn, t~~id~'nitt~ car ~•i~~ •>iit ' ~~. t; of sail ditch ctr cti~tal ::hall he pz~rl'c~rr~t~~l in 4 t~~;c;ttrdanc~e witlt the "S~eeicll Caticitttons'' ~ia~~ci in ~xltii~it C, attac;l~ed hcrcta rind uy this r~ rer~•nce m;tdc part thereo#~. ?. 'I'!te pern~ittetl hc~tirs of t[se or' the p~~th«t;~y ,hail lie Irony o~tc~ hall hour b~~Core s[[nri~<< and c~i~~~ ltal~t' l~ottr a~'(t~r sc~n:~c;t. ~. "nc~; p~n•ri~5 h~~rctU incorpor~itei7t and ~~tit;i;:.; J~~~rt a~ti~is Licc;nsc ~,~r4elxlent all the cov~~riant~, ~E~diti~~i~st acid a~r~~Umcnts of Sttid ~;.istct• .~ath~vay l~-~re<<~~~~ttt unclt~cn.ed e~ce~t f,> tl~e rrsttlt al' the j~rovisic~ns oI' t~iis ~,icc: nse ~~~rce~~ient. `• The coti~ena~cty~ cc~~t~fiti~~ns end ;i~~~~eetnc;nt5 hc;r[~in eantaiitc;d artd ictcar~ort~tGcl by ref.~renct; shall ~. cnnsii;tote ca~est,ints ro ~•tcn ~`~Illl; and rcrnnin~~ :~, itlt. all ot''thc l;:rjds o~ thr; Licensie clc:scribed in said ~xltibit ~~? ~ii~d sir,,1.1 be bintlitt, on ~;c~ch al'tlic; ~articti l~ercltz .rid on all parties ttit~! ;t11 persons cl-~intin~ un~i~~r rliem or either o~'rltem. a~ntl the; ;ctltt~tnt~t~.~:y hLrc~~~l''slt;s€! irs[tre tt? ttt~ l~t~rtc:lit =.y~ each 4f tI'ie p[xrtitn5 hereto ;ynd tbeit• r~:~speCCive SUCCc.Sriyrs ~iiltl ;i~tii~F1;~. ' IN ~VIT~I~SS ~rl-~l f~~,Q~. ttie District Et<« her~~~rtto caused ita rorlanralc: nan~~; to b~• suL?scril~ed l~v its aificers Eirst~ lzc:rei~i~tt~ duly ~:ttti~ori~ed by r~~yc,ltttiAti of its Board ca!' Dire~'t~ar5 ;~~td the Lic~~rt~ { ee h~iti heretaic~o sul~scribtcl its carparate ~ttt~me to b~• sulsserihc~cl arttl its sisal to !3~ al'1'i~~~c:l th~r~:lo; al(tcs ~}! the ~I;tv and ye;~r herein i'irst ;tb~~vc ~~-•ritl~:~t, ~o~st~~, ~4~~~ Ol~F7Ci~t a `~E~~ ~c :~~r~s~: N~~~-fP~~ ~ 14.~1FRl1~1,~-.1`1 IRRT~-~~'1'ru~~! D~ISTRIC"I' ~~ ., ~~J ' Its 'r~si~lciit Iis secretary ~' i " a r' i !Z r, ~ .~ . , .. .., J r ,~, + r J ~,' J. .~ T~ CITE of i~E.RiD~~~~N ~N ;~ `'' ~~ U ''s By fti y ,~ ~`•~ a~ccss ~ i~T ,s L ~. AT~'I~ST~ . ~", F 1 ~ ~.I t kit `~~ yV4/ M ~ ~~ ~~ u !~ sT~TE of ID~axa } ~`~- } ss; County ot, Canyon } ~ ~ Qn this ~ day of before me ~ the undersi ed a NOtar Public i ~ n f ... _ ~ ~ ~ .,Y n~ d or saYd State, ~personallu appeared '~1a1n~e ~o,~,c~c and Dares tt. Coon, known to ~~ne tp be ~tbe President and Secretary, respectively, of NA~'~iPA ~ NIERlDIAi•I I1~I{~A'I`IaN DISTRICT, theirrigation district that executed the ~fare~oi~~g instrument and acknotivledged to me th~tsuch irrigation district executed the~same. IN'~ITNESS~~ in Chic certificate first a~ STr~T~ ply' IDAHO ~ } ss: c~~nty o~~ ~.d~ y Notary PuUli for Idaho Residing at ,Idaho ~y Cgn~rnission E:~pires: 7 c~ I ~- . ao t~ Qn [hts „, l~ day of , ~fl~; bcfare nee, the andersi~ned, a Notary Pui~iic in anti for said State; personally appeared W~~ and ,~o , known to me to be the._ - ~ ~v ~ and , res ectivei ~f Thy, CI'~'~ OF 1VfEI~II~IA1~1', the entity that executed the; foregomg.rnstrument asd aclno«rledged to me that such entity e~ecutecl the same, IN ~-~ITNFSS ~HEREQ~, Y Dave hereunto set my hand and af#ixed my ot~cial~seal, the day and year in this o~~' ~~i~S~t above ~~ritten: ~ ~ ~~ ~,~~rr~~~~~ +4 ~ i ,I~~ "`,YY~ ~ 4i fl~~ ~ ~~ ,`~ a Notary Public. qr i a~- ~Qr~GiPrw~ ~ ~ ;~'ti , . q Rcs~d~ng at ~~.~ ~_ ~ ~ ~ Q ~. ~, ~ ; ~ ~ ~jly CammissEon Expires; -- ~•• ~ '~ ~ ~` ° ~~,,,,,,~~,, . e~,~' ~D:'~ o° ~ '• ~r~~r °Qa'~'ATE 0~ o°° #~4dOm4~ LI~Et~1S~ ~~C'RE~I4~~1tT - Pale ~ nto set my hand and ai'fixed rrty official seal; tite day and yeas -~~~pRY ~~~. p ~~ ~ ~,~$ ~ a ~ ~1 ~ Q i ~ i~ ~~*~~~b0~8o~~ 0~0 ~~~~~'~ 0~ a~e~ r°°+~+~ro~'r~~l~ ~ ~ r'1 LICENSE AGREEMENT This LICENSE AGREEMENT, is made and entered into this day of , 201 l , 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, 33 East Idaho, Meridian, Idaho 83642 hereinafter referred to as the "Licensee", WITNESSETH: WHEREAS, the District owns the irrigation ditch or canal known as the EIGHT MILE LATERAL (hereinafter referred to as "ditch or canal"), an integral part of the irrigation works and system of the District, together with the easement therefor to convey irrigation water, to operate, clean, maintain, and repair the ditch or canal, and to access the ditch or canal for those purposes; anal, WHEREAS, the District operates, cleans, maintains, repairs and protects the ditch or drain for the benefit of District landowners; and, WHEREAS, the Licensee is the owner of real property that is servient to the District's ditch or drain and easement, and is particularly described in the "Legal Description" and/or deed attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the ditch or drain crosses and intersects the real property described in Exhibit A as shown. on Exhibit B, attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to cross, encroach upon or modify said ditch or canal and/or the District's. easement under the terms and conditions of this License Agreement; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and. conditions hereinafter set forth, the parties agree as follows: LICENSE AGREEMENT A. Acknowledgment of the District's Easement. 1. Licensee acknowledges that the District's easement for the Eight Mile Lateral includes a sufficient area of land to convey irrigation water, to operate, clean, maintain and. repair the ditch. or canal, and to access the ditch or canal for said purposes, and is a minimum of 50 feet, 25 feet on either side of the centerline of the Eight Mile Lateral. B. Scope of License 1. The Licensee shall have the right to modify the ditch or drain or encroach. upon the District's easement along the ditch or drain in the manner described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. 2. Any crossing, encroachment upon or modification of the ditch or drain and/or the District's easement shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of License," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be permitted to cross, encroach upon or modify the ditch or drain and/or the District's easement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. 3. This License Agreement pertains only to the Licensee's crossing, encroachment upon or modification of the ditch or drain and/or the District's easement for the purposes and in the manner described herein.. The Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, nor perform any construction. or activity within the District's easement for the ditch or drain except as referred to in this License Agreement without the prior written consent of the District. 4. The Licensee recognizes and acknowledges that the license granted this License Agreement pertains only to the. rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, 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 and at the option of the District this License Agreement shall be of no force and effect. C. Facility Construction, Operation, Maintenance and Repair 1. Licensee agrees that the work performed and the materials used in any construction permitted by this License Agreement shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of the such work shall not be made until all such work and materials shat l have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. LICENSE AGREEMENT - 2 2. Each facilit "facility" as used in this License Agreement means any object or thing y~ installed b the Licensee on, over or in the vicinity of the District's easement) shall be constructed., installed, Y o erated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. P 3. Licensee a rees to construct, install, operate, maintain and repair each facility and. conduct g its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interru tion or interference with the flow of irrigation or drainage water in the p ditch or drain or the District's delivery of irrigation water; c. an increase in seepage or any other increase in the loss of water from the ditch; d. the subsidence of soil within or adj acent to the easement; e. an interference with the District's use of its easement to access, operate, clean, maintain, and repair the ditch or drain; f. any other damage to the District's easement and irrigation or drainage works. 4. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 3.a. through 3.f., or any other damage to the easement and irrigation works which may be caused by the construction, installation., operation, maintenance, repair, and any use or condition of any facility. 5. The Licensee shall, upon demand of the District, remove any facility or repair any alteration of the District's easement which interferes with the District's operation and maintenance of the ditch or drain, or causes or contributes to any of the circumstances enumerated in the preceding paragraph, 3 .a. through 3 .f., or any other damage to the easement and irrigation works. The District shall. give reasonable notice to the Licensee, and shall allow the Licensee a reasonable period of time to perform such maintenance, repair, and. other work, except that in cases of emergency the District shall attempt to give such notice as is reasonable under the circumstances. The District reserves the right to perform any and all work which the Licensee fails or refuses to perform within a reasonable period of time after demand by the District. The Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. Nothing in this paragraph shall create or support any claim of any kind by the Licensee or any third. party against the District for failure to exercise the options stated in this paragraph, and the Licensee shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph, except for claims arising from any work which unreasonably exposes the District's employees and agents to the risk of harm from electric power lines, or arising solely out of the negligence or fault of the District. D. District's Rights Are Paramount 1. The Licensee understands and agrees that the ditch or canal is a manmade channel. that was constructed and is used and maintained by the District for the exclusive purpose of conveying irrigation water to lands within the District or draining lands within the District. As such, Licensee further acknowledges and agrees that the ditch or drain does not constitute a natural or navigable watercourse or stream. 2. The parties hereto understand and agree that the District has no right in any respect to impair LICENSE AGREEMENT - 3 and ur oses of the irri anon or drainage works and system of the District by this License the uses p p g reement nor to rant an ri hts in its irrigation or drainage works and system incompatible with the uses Ag g y g . which such irri anon or drama e works and system are devoted and dedicated and that this contract shall to g g be at all times construed according to such principles. 3. Nothin herein contained shall be construed to impair the ditch or canal or the District's g easement and all construction and use of the District's easement by the Licensee anal. the license herein rovided therefor shall remain inferior and subservient to the rights of the District to the use of the ditch or p canal for the transmission and delivery of irrigation water or transmission of drainage water. 4. The Licensee agrees that the District shall not be liable for any damages which shall occur to an facili in the reasonable exercise of the rights of the District in the course of performance of Y ~' maintenance or repair of the ditch or canal. The Licensee further agrees to suspend its use of the said easement areas when the use of the easement areas is required by the District for maintenance or repair under this or any other paragraph of this License Agreement. 5. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this License Agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over the ditch, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal b the District with its equipment for the maintenance of the ditch or canal shall be promptly removed y by the Licensee upon demand of the District. E. Applicable Law and Jurisdiction Unaffected. 1. Neither the terms of this License Agreement, the permission. granted by the District to the Licensee, the Licensee's activity which is the subject of this License Agreement, nor the parties exercise of any rights or performance of any obligations of this License Agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its drains drains, irri anon works and facilities which did not apply to the District's operations and activities g prior to and without execution of this License Agreement. 2. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this License Agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such. jurisdiction or, at the option of the District, this License Agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this License Agreement. F. Indemnification 1. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost andlor expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent LICENSE AGREEMENT - 4 acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction an activities authorized by this License Agreement. G. Fees and Costs l . The Licensee agrees to pay attorney fees and engineering fees charged by the attorney for the District orb the engineers for the District in connection with the negotiation and preparation of this Y License Agreement. 2. Should either party incur costs or attorney fees in connection with efforts to enforce the rovisions of this License Agreement, whether by institution of suit or not, the party rightfully enforcing or p ri fitfully resisting enforcement of the provisions of this License Agreement, or the prevailing party in case g suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. H. Miscellaneous 1. No Claims Created. Nothing in this License Agreement shall create or support a claim of esto el, waiver, prescription or adverse possession by the Licensee or any third party against the District. pp 2. Assignment. Neither this License Agreement nor any agreement entered pursuant to this :License Agreement may be assigned or transferred without the prior written approval of the Parties, which approval shall not be unreasonably withheld. 3. Amendment and Modification. Any amendment or modification of this License Agreement must be in writing and signed by all parties to be enforceable. 4. Inter retell. This License Agreement shall be interpreted and enforced in accordance with the laws of the State of Idaho. This License Agreement is not intended for the benefit of any third party and is not enforceable by any third party. If any provision of this License Agreement is determined by a court of com etent 'urisdiction to be invalid or otherwise unenforceable, all remaining provisions of this License p J Agreement shall remain in full force and effect. The parties represent and warrant to each other that they each have authority to enter this License Agreement. The catchlines or section headings herein set forth are provided only for the convenience of the parties in locating various provisions of this :License Agreement, and are not intended to be aids in interpretation of any provision of this License Agreement with respect to which the parties might disagree at some future time, and shall not be considered in any way in interpreting or construing any provision of the License Agreement. 5. Binding Effect. The covenants, conditions and agreements herein contained steal l constitute covenants to run with, and running with, the easement of the Licensee within the real property described in 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. LICENSE AGREEMENT - 6. Notices. An and all notices, demands, consents and approvals required pursuant to this ______ y License Agreement shall be delivered to the parties as follows: Nampa & Meridian Irrigation District City of Meridian 5525 East Greenhurst 33 E. Idaho Nam a ID 83686 Meridian, Idaho 83642 p~ Notices shall be deemed to have been delivered upon hand deposit in the United States mail as provided above. 7. Counter arts. This License Agreement may be executed and delivered in counterparts, each of which shall be deemed to be an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the District has hereunto caused its name to be subscribed by its officers first hereunto dul authorized by resolution of its Board of Directors and the Licensee has caused its Y cor orate name to be subscribed by its duly authorized officer, all as of the day and year herein first above P written. NAMPA & MERIDIAN IRRIGATION DISTRICT By ATTEST: Its Secretary ATTEST: Its President CITY OF MERIDIAN LICENSE AGREEMENT - 6 STATE OF IDAHO ) ss: County of Canyon ) On this day of , 201 1, before me, the undersigned, a Notary Public in and for said State, personally appeared Monte Janicek and Daren Coon, known. to me to be the President 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, 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: STATE OF IDAHO ) )ss. County of ) On this day of , 201 1, before me, the undersigned, a notary public in and for said state, personally appeared ,known to me to be the of ,the entity that executed the foregoing instrument, and. acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year ~n this certificate first above written. Notary Public for Residing at , My Commission Expires: LICENSE AGREEMENT - 7 EXHIBIT A Leal Description Licensee is the owner of Lakeview Golf Club which is comprised of numerous parcels. The portions of Licensee's real property which relate to this License Agreement and which intersect Eight Mile Lateral or the District's easement are referenced in the map and descriptions which are attached hereto as Exhibit A-1 and by this reference incorporated herein. EXHIBIT C Purpose of License The purpose of this License Agreement is to permit Licensee's: 1, construction and installation of additional topsoil, grass landscaping and sprinklers within the District's easement for the Eight Mile Lateral; 2. construction and installation of an asphalt pathway/maintenance road for the District's use and access within the District's easement for the Eight Mile Lateral; and. 3. prior construction and installation of an asphalt cart path/access road and curb and gutters for a trash enclosure within the District's easement for the Eight Mile Lateral, all within Licensee's real property, Lakeview Golf Club, in Meridian, Ada County, Idaho. No other construction or activity is permitted within or affecting the Eight Mile Lateral or the District's easement, EXHIBIT D Special Conditions a. The construction described in Exhibit C shall be in performed in accordance with Exhibit D-1 attached hereto and by this reference incorporated herein. b. Licensee shall notify the District's Superintendent prior to and immediately after construction so that he or the District's engineer's may inspect and approve the construction. c. Construction shall be completed one year from the date of this Agreement. Time is of the essence. LICENSE AGREEMENT - 8 Z rn ~- r ~v ~~ ~~ -~ ~ -- _. ~~ C7 v G`} -~ o ~~ ~~ r~ v _ ~. t~ ~. 0 0 0 N .~ w 0 ' 1 (/~ •Y ~~ .~ i, ~' ~ ~~" ~ *~~,~ ~ Exhibit A-1, page 1 ~Z rn ~r ~~ r-+- ~' ~ ~ -• < .- _. CD CD ~, O 1 ~ r~ ~. a 0 N O N O W O 00 - O TI (D (D /'. - ~. y ~ N ~° ~ ~ m ~, "` -, -s {p l ~ ~ ~ ~ N Sv OJ ,C; F ~ ,/ ~ e ~ 1 ~ ~ ~~ ~~ ~ N~Zw f, '-~' ~ 0 ~~, ~ ~ o o cn `~ ~ t o ~ ~ ~ ~, ~ N Q N -~ ,~ ;. 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Exhibit A-1, page 2 ,N iw ,, `' ~o- , ~~~ , '! ~, ~, w w'' :~' ~ ~, ~: Exhibit B t i T~-~F i ~_ ~_ €, 1 N A I . Lakeview Golf Club Eightmile Lateral Improvements Plan 2 of 4 Exhibit D-1, page 2 o ~ ~ ~ zo ~0 4~ rr,•~~.~~..,-.~'~ Feet 1 inch ~ 30 feet A ~ ~ 4 ~~~F ~~? ~~ p c~ ,'..'~ J , N Lakeview Golf Club Eightmile Lateral Improvements Plan 3 of 4 Exhibit D-1 , page 3 ~ 5 10 2~ 30 40 Beet ~ itch = 3~ fleet ~ ! ~' (~P~.r~ua~~~EL. u~r~'oF ~~~ ~~A~p r~~.~ eL d ~ °-~~ ~,~ '`€~~ 1~\ `~ N Lakeview Golf Club 4 5 10 zo ~o ao Eightmile La#eral Improvements F~~t Plan 4 Of 4 1 inch = 30 feet Exhibit D-1 , page 4 ~~ ~r~~~~E~~ ~ t M, wrw +~.~w .NVrwMwir~. ~~~ ~~ ~j S i f S 3 i ! ~ ~r s IS i 2 "r. i t ' i .~. :~. ~ ,w i I i t t ~` I h ~, ~~~o ~m ~ ~~~ s= S _N~ i ~ i Q ~' V ? J~ ~~ ~~~~~ ~a ~~,~a Exhibit D-1, page 5 ~~ QI f E 3 i 1 ~1 Ij ~ ~~. .~ \ ~~~~ 1\ ~~~~u~~r~D r~~~ T ~~ rv Lakeview Golf Club Eightmiie Lateral Improvements Plan 7 of 4 Exhibit D-1, page 1 o ~ ~ o ~a ~a ~a ~i i~~rr~.~ ~~,.~i~ ~ inch = 30 feet