HomeMy WebLinkAboutNorth Slough AgreementsADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 13
BOISE IDAHO 10/13/05 03:42 PM
DEPUTY Neava Haney IIII'IIIIII I II�IIII�IIIIII'tII III
RECORDED -R-R EQUEST OF
Meridian City1 G=1515"270_"P
CROSSING AGIZEEmElV 1
This Crossing Agreement ("Agreement") is entered into and made effective this
4day of DGjbhZP_ , 2005 , by and between SETTLERS IRRIGATION
DISTRICT ("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, and the City of
Meridian ("Licensee"), a municipal city in good standing in the State of Idaho, whose address is 33
East Idaho Avenue, Meridian, ID 83642.
WITNESSETH:
WHEREAS, the District owns and maintains a system of canals, laterals and drains,
including North Slough #2 Canal, 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 for the operation, inspection, maintenance, and repair of the
canals, laterals, and drains;
WHEREAS, the Licensee desires to obtain a license ("License") from the District for
the installation, operation, inspection, maintenance, and repair of North Slough Trunk Line, as
described below:
(a) The North Slough Trunk Line will cross below North Slough #2 Canal, [at the
East boundary of Larkwood Subdivision in the SE '/ of Section 30, Township 4 North, Range 1 East,
Boise Meridian, Ada County, Idaho] as described in Exhibit A, attached hereto and incorporated
herein by reference.
WHEREAS, the District desires to grant the License to the Licensee for purposes of
constructing, operating, inspecting, maintaining, and repairing said North Slough Trunk Line;
CROSSING AGREEMENT - 1 103083/2/05-660
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NOW, THEREFORE, in consideration of the mutual benefits to be received by the
District and the 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 the
Licensee for the purpose of crossing over North Slough #2 Canal at the location described in
Exhibit A, in order to install, operate, inspect, maintain, and repair said North Slough Trunk Line,
provided that said North Slough Trunk Line is installed as depicted in the -plans, maps, drawings and
notes attached as Exhibit B. The License is subject to the restriction that no construction may begin
on the North Slough Trunk Line until the effective date of this Agreement and must be completed
prior to April 1, 2006.
This grant of the License is subject and subordinate to any and all property rights the
District may have in North Slough #2 Canal.
The Licensee expressly acknowledges and agrees that this License does not grant the
Licensee the right to install any property or equipment, except as may be described in this
Agreement, or the right to impair any rights of the District or others in the use of the North Slough
#2 Canal. This grant of License is expressly conditioned upon the prior receipt by the Licensee 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 the
District's prior written approval of all drawings and plans concerning the activities to be conducted
by the 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 so long as the Licensee is in compliance with
the terms of this Agreement. The District reserves the right to revoke this License, effective upon
CROSSING AGREEMENT - 2 10308.3/2/05.660
112001 1200
written notice to the Licensee thereof, should the Licensee at any time fail to comply with the terms
of this Agreement.
3. Installation Inspection Maintenance and Repair of the North Slough Trunk
Line.
The Licensee, following execution of this Agreement by the parties, and after
November 1, 2006, may commence construction of the North Slough Trunk Line crossing as
described in Exhibits A and B and may conduct operations, inspections, maintenance, and repair
activities, at the Licensee's sole cost and expense, as may be reasonably necessary, subject to any
restrictions imposed on the Licensee's activities as may be set forth in this Agreement. The
Licensee, or its agents or contractors, shall perform all work contemplated by the terms of this
Agreement in a workmanlike manner. The Licensee agrees to assume all responsibility, including
general liability and costs for the construction, operation, inspection, maintenance, and repair of the
North Slough Trunk Line.
Any construction or other activities by the Licensee which may impede or impair the
flow of water through North Slough #2 Canal may only be performed during the non -irrigation
season, which is usually between November 1 and March 15. The Licensee expressly acknowledges
that, notwithstanding the Licensee's assumption of certain responsibilities and receipt of certain
rights under this Agreement, the District does not relinquish its ownership rights in any portion of
North Slough #2 Canal.
4. Representations and Warranties.
(a) District. The District represents and warrants that: (i) the District is an
irrigation district organized and existing under and by virtue of the laws of the State of Idaho; (ii) the
District has the capacity to enter into and perform the District's obligations under this Agreement;
(iii) all organizational and other actions required to authorize the District to enter into and perforin
CROSSING AGREEMENT - 3 103083/2/05-660
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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. The Licensee represents and warrants that: (1) it is a municipal city
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 the Licensee to enter into
and perform this Agreement have been properly taken; (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) it has obtained all permits, licenses, and acknowledgments required to conduct
the activities to be performed under the terms of the Agreement.
Indemnity. The Licensee 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, 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 the Licensee, its agents,
or contractors related to or in connection with its activities under this Agreement and the exercise of
any privileges or performance of any obligations by the Licensee hereunder. Furthermore, the
Licensee agrees to protect, indemnify, and. hold the District 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
North Slough #2 Canal caused by any act or omission of the Licensee or its agents.
6. No Liens. The Licensee shall allow no liens as a result of any labor performed
or materials supplied in connection with the activities of the Licensee, its agents, or contractors, to
attach to North Slough #2 Canal or to any adjacent lands held by the District.
CROSSING AGREEMENT - 4 103083/2/05-660
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7. Binding Agreement. The promises, covenants, conditions, and agreements
herein contained shall be binding on each of the parties hereto and on all parties and all persons
claiming under thein 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.
S. Further Consideration. In further consideration for inducing the District to
grant this License, the Licensee agrees to promptly pay all legal expenses incurred by the District
relating to the negotiation, preparation, and execution of this Agreement.
9. No Waiver. The failure of a party to insist ori 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 liinit such party's right to enforce any
provision or exercise any right.
10. Limitations on Liability. The parties hereto agree that nothing herein
contained shall be construed to create a.] oint 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.
11. Interpretation. The validity, meaning, and effect of this Agreement shall be
determined in accordance with the laws of the State of Idaho.
12. 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.
13. 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.
CROSSING AGREEMENT - 5 103083/2/05-660
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14. Attorney Fees. In the event of any suit or proceeding by either party herein
against the other party arising out of this Agreement or in connection with the activities of the
Licensee, 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 attorney fees and costs, including such fees and costs on appeal.
Office.
15. Recording. This Agreement shall be recorded at the Ada County Recorder's
16. 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 ).nail,
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
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date
first set forth above. SETTLERS IRRIGATION DISTRICT
Attest:
7
Vicki Keen, Secretary
By
President of its
Board of Directors
CITY OF MERIDIAN, IDAHO
CROSSING AGREEMENT - 6 103083/2/05-660
112001 1200
By
Mayor de uthorized Ag��rat�frir'°"rrrrr,,��
City of M 'di , Idaho ,�`��.�
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CROSSING AGREEMENT - 7 103083/2/05-660
112001 1200
STATE OF IDAHO )
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County of Ada)
On this 41-11 day of DC -la eYl , before rne, the undersigned notary public in and
for said state, personally appeared 2iC6r1) IN61 , President of the Board of Directors of
Settlers Irrigation District, an irrigation district organized and existing under and by virtue of the
laws of the State of Idaho, known or identified to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he has the authority to execute and executed
the same for the purposes therein contained on behalf of Settlers Irrigation District.
IN WITIJFSS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year,i&1'1slg e first above written.
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STATE OF IDAHO )
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County of Ada)
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On this , day of before me, the undersigned notary public in and
for said state, personally appeared VICKI KEEN, Secretary of Settlers Irrigation District, an
irrigation district organized and existing under and by virtue of the laws of the State of Idaho, known
or identified to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that she has the authority to execute and executed the same for the purposes
therein contained on behalf of Settlers Irrigation District.
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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CROSSING AGREEMENT - 8
112001 1200
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STATE OF IDAHO )
ss.
County of Ada)
On this ;W' day of ,%-1, , 2005, before me, the undersigned notary public in and
for said state, personally appeared Mayor de Weerd, authorized agent of the City of Meridian, Idaho,
known or identified to me to be the person whose name is subscribed to the foregoing instrument,
and acknowledged to me that he has the authority to execute and executed the same for the purposes
therein contained on behalf of the City of Meridian, Idaho.
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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CROSSING AGREEMENT - 9 103083/2/05-660
112001 1200
EXHIBIT A
Legal Description of the sewer crossing of the North Slough#2 at sewer stationing 92+20 to 92+60
located in the SETA of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County,
Idaho
901 MT1:372344.1
EXHIBIT A
EXHIBIT B
Engineering Plans and Specifications
EXHIBIT B
801 MT1:372344.1
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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Moffatt, Thomas, Barrett, Rock &
Fields, Chartered
101 S. Capitol Boulevard, 10th Floor
Post Office Box 829
Boise, Idaho 83701-0829
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 27.00 !
BOISE IDAHO 10/07/05 04:30 PM
DEPUTY Vicki Allen I�I I'll'II'll'�I'll'll'IIII'IIIII I'II
RECORDED -REQUEST OF
Moffatt Thomas 105150249
(Space Above For Recorder's Use)
ADDENDUM TO THE LICENSE AGREEMENT
FOR CITY OF MERIDIAN NORTH SLOUGH TRUNK LINE
This Addendum to the License Agreement for City of Meridian North Slough
Trunk Line ("Addendum") is entered into and made effective this f day of
2005, by and among NORTH SLOUGH LATERAL USERS
ASSOCIATION, a duly organized lateral ditch association, acting under the authority of Idaho
Code section 42-1301, et seq. (the "Association"), whose address is 2685 W. Chinden
Boulevard, Meridian, Idaho 83642; and the CITY OF MERIDIAN, a municipal corporation of the
State of Idaho (the "City"), whose address is 660 East Watertower Lane, Suite 150, Meridian,
Idaho 83642.
WITNESSETH:
WHEREAS, the City and the Association previously entered into a License
Agreement for City of Meridian North Slough Trunk Line which was recorded with the Ada
County Recorder on April 12, 2005, as Instrument No. 105044010 (the "License Agreement");
WHEREAS, the License Agreement granted a license to the City for the purposes
of constructing, owning, operating, and maintaining a twenty-one inch (21 ") sewer line which
ADDENDUM TO THE LICENSE AGREEMENT
FOR CITY OF MERIDIAN NORTH SLOUGH TRUNK LINE- 1 BOI MT2:590379.1
crosses the North Slough No. 1 Lateral at various locations within the proposed Ventana
Subdivision and the proposed Saguaro Canyon Subdivision;
WHEREAS, the City now desires an additional license in order to construct, own,
operate, and maintain a continuation of the twenty-one inch (21 ") sewer line, which will run
parallel to and within the Association's easement and right-of-way for the North Slough No. 1
Lateral, at the location depicted in Exhibit A — Vicinity Map, attached hereto and made a part
hereof, as depicted in the plans, maps, drawings and notes listed on Exhibit B, attached hereto
and made a part hereof,
WHEREAS, the Association desires to grant the additional license to the City for
the sewer line encroachment;
NOW, THEREFORE, in consideration of the promises and the mutual benefits,
representations, covenants, undertakings, and agreements hereinafter contained and for good and
valuable consideration received by the parties, which consideration and the sufficiency thereof is
hereby acknowledged by the parties hereto, the Association and the City represent, covenant,
undertake, and agree as follows:
AGREEMENTS:
Grant of Additional License. The Association hereby grants an additional
license to the City for purposes of constructing, owning, operating, and maintaining a twenty-one
inch (21 ") sewer line, which will run parallel to and within the Association's easement and right-
of-way for the North Slough No. 1 Lateral, at the location depicted in Exhibit A, in accordance
with and as depicted in the plans, maps, drawings and notes listed on Exhibit B.
2. Integration and Modification. Except to the limited extent hereby
amended, the License Agreement and exhibits thereto shall remain effective in accordance with
ADDENDUM TO THE LICENSE AGREEMENT
FOR CITY OF MERIDIAN NORTH SLOUGH TRUNK LINE- 2 BOI MT2:590379.1
its terms and conditions. The License Agreement, this Addendum, and the exhibits to this
Addendum constitute the final and entire expression of the parties hereto and shall supercede all
prior agreements, letters, and understandings, either oral or written, regarding the City of
Meridian North Slough Trunk Line, and may only be amended by a written agreement signed by
the parties hereto.
3. Professional Fees. The City agrees to promptly pay all legal expenses
incurred for the benefit of the Association relating to the negotiation, preparation, and execution
of this Addendum. It is expressly agreed that the Association shall not be responsible for the
payment of said costs or fees.
4. Governing Law. This Addendum shall be construed under and governed
by the laws of the State of Idaho.
5. Notices. All notices, demands, requests, and other communications under
this Addendum shall be in writing and shall be deemed properly served or delivered if delivered
by hand to the party to whose attention it is directed or, when sent by mail, three (3) days after
deposit in the United States mail, postage prepaid, addressed as follows:
NORTH SLOUGH LATERAL USERS ASSOCIATION
P2685 W. Chinden Boulevard
Meridian, Idaho 83642
CITY OF MERIDIAN
660 East Watertower Lane, Suite 150
Meridian, Idaho 83642
Each party may change its address for delivery by written notice in the manner
provided herein.
ADDENDUM TO THE LICENSE AGREEMENT
FOR CITY OF MERIDIAN NORTH SLOUGH TRUNK LINE- 3 B01 MT2:590379.1
6. Recording. This Addendum 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
Addendum is located.
IN WITNESS WHEREOF, the parties have hereunto caused their names to be
subscribed to this Addendum of the date first set forth above.
CITY OF MERIDIAN
LIZ
written name)
of M&P \`J�\►`►�►►unrrnrr� Its
Attest: U�� ✓c cC �/C��v ��20� 0
o
- BEAL
City Clerk - 9'
T is, � RTH SLOUGH LATERAL USERS
SSOCIATION
Mi ael Myers, Presid
Attest:
Joshanicek, V ce-President
ADDENDUM TO THE LICENSE AGREEMENT
FOR CITY OF MERIDIAN NORTH SLOUGH TRUNK LINE- 4 BOI MT2:590379.1
STATE OF IDAHO )
County of Aar ss.
On this 26qday of eDA-e �, 2005, before me, the undersigned
Notary Public in and for said state, personally appeared -TKM »• v de Wee„.(; Ids 13 fr
known or identified to me to be the AnVo, ` if � "of
k of CITY OF MERIDIAN, the
person who executed the instrument on behalf of the 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 certificate first above written.
STATE OF IDAHO )
ss.
County of Ada )
3TARY PUBLIC FOR lam,
-sidin t
Y Co ission Expires 6 0-7
On this J day of fir' C'fD�� , 2005, before me, the undersigned
Notary Public in and for said state, personally appeared MICHAEL MYERS known or identified to
me to be the President of NORTH SLOUGH LATERAL USERS ASSOCIATION, the person who
executed the instrument on behalf of the NORTH SLOUGH LATERAL USERS ASSOCIATION, and
acknowledged to me that NORTH SLOUGH LATERAL USERS ASSOCIATION 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.
Nu VARY PUBWE FOR IDAHO
Residing at
My Commission Expires
ADDENDUM TO THE LICENSE AGREEMENT
FOR CITY OF MERIDIAN NORTH SLOUGH TRUNK LINE- 5
BOI MT2:590379.1
STATE OF IDAHO )
) ss.
County of Ada )
On this _1_ day of OC�Vbe Y '2005, before me, the undersigned
Notary Public in and for said state, personally appeared JOSH JANICEK known or identified to
me to be the Vice -President of NORTH SLOUGH LATERAL USERS ASSOCIATION, the person
who executed the instrument on behalf of the NORTH SLOUGH LATERAL USERS ASSOCIATION,
and acknowledged to me that NORTH SLOUGH LATERAL USERS ASSOCIATION 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.
14 Y 11
U409+++••°e
�oTAR,,,
L AVBJJC
OF ID.
NOTARY
Residing af_/_ `�
My Commission
ADDENDUM TO THE LICENSE AGREEMENT
FOR CITY OF MERIDIAN NORTH SLOUGH TRUNK LINE- 6
BOI_MT2:590379.1
EXHIBIT A
Vicinity Map
EXHIBIT A
BOI_MT2:590379.1
EXHIBIT B
Plans and Specifications
Please refer to the following plans prepared by Keller Associates, for the City of Meridian North
Slough Trunk Line, Project No. 103083:
General Information, Sheet G- 1, dated 2/2/05
General Notes, Sheet G-2, dated 2/2/05
Standard Details, Sheet G-3, dated 2/2/05
Key Map, Sheet G-4, dated 2/2/05
Details, Sheets D-1 and D-2, dated 2/2/05
Plan & Profile, Sta. 82+00 to 91+00, Sheet PP -10, dated 2/2/05
Plan & Profile, Sta. 91+00 to 100+00, Sheet PP -11, dated 2/2/05
EXHIBIT B
BOI MT2:590379A
1Mloffatt I homers
MOFFATT THOMAS BARRETT ROCK & FIELDS, CHTD.
Eugene C. Thomas
Michael E. Thomas
Eric M. Barzee
John W. Barrett
Patricia M. Olsson
Valerie N. Charles
R. B. Rock
James C. deGlee
Tyler J. Henderson
Richard C. Fields
Bradley J Williams
Jason G. Murray
John S. Simko
Lee Radford
Mark C. Peterson
John C. Ward
Michael O. Roe
Andrew J. Waldera
D. James Manning
David S. Jensen
Tyler J. Anderson
Gary T. Dance
James L. Martin
Joel A. Flake, Jr.
Larry C. Hunter
C. Clayton Gill
Russell G. Metcalf
Randall A. Peterman
David P. Gardner
Mark S. Prusynski
John O. Fitzgerald, II
Robert E. Bakes, ofcounsel
Stephen R. Thomas
Julian E. Gabiola
Morgan W. Richards, ofcounsel
Glenna M. Christensen
Angela Schaer Kaufmann
Gerald T. Husch
Michael W. McGreaham
Willis C. Moffatt,
Moffatt, 1907-19 80
Scott L. Campbell
Kimberly D. Evans Ross
Kirk R. HIi, 1956-2-19
003
Robert B. Burns
Jon A. Stenquist
Clint Dolsby
Public Works
City of Meridian
660 E. Watertower, Suite 200
Meridian, Idaho 83642
October 7, 2005
Boise
Idaho Falls
Pocatello
Twin Falls
US Bank Plaza Building
101 S Capitol Blvd 10th FI
PO Box 829
Boise Idaho 83701 0829
208 345 2000
800 422 2889
208 385 5384 Fax
www,moffatt.com
Re: North Slough Lateral Users Association
Addendum to License Agreement for City of Meridian North Slough Trunk Line
MTBR&F File No. 22041.5
Dear Clint:
Enclosed please find a copy of the recorded Addendum to License Agreement for City of
Meridian North Slough Trunk Line. The Agreement was recorded with the Ada County
Recorder on October 7, 2005, as Instrument No. 105150249. Thank you for your assistance in
this matter. If you have any questions, please do not hesitate to contact me.
Sinc y,
Tiffiny M. Hum
Paralegal
/tmh
Enclosure
BOI MT2:595431.1
Moffatt 1 bomas
MOFFATT THOMAS BARRETT ROCK & FIELDS, CHTD.
Eugene C. Thomas
Robert B. Burns
Kimberly D. Evans Ross
John W. Barrett
James C. Dale
Jon A. Stenquist
R. B. Rock
Michael E. Thomas
Eric M. Barzee
Richard C. Fields
Patricia M. Olsson
Valerie N. Charles
Robert E. Bakes
James C. deGlee
Bradley J. Dixon
John S. Simko
Bradley J Williams
Jason G. Murray
John C. Ward
Lee Radford
Mark C. Peterson
D. James Manning
Michael O. Roe
Andrew J. Waldera
Gary T. Dance
David S. Jensen
Tyler J. Anderson
Larry C. Hunter
James L. Martin
Russell G. Metcalf
Randall A. Peterman
C. Clayton Gill
Mark S. Prusynski
David P. Gardner
Morgan W. Richards, ofcounse!
Stephen R. Thomas
John O. Fitzgerald, II
Glenna M. Christensen
Julian E. Gabiola
Will
Willis C MoFFatt, 1907-1980
Afoiia t, 1907-19
Gerald T. Husch
Angela Schaer Kaufmann
Kirk s.. 56-2003
Scott L. Campbell
Michael W. McGreaham
Clint Dolsby
Public Works
City of Meridian
660 E. Watertower, Suite 200
Meridian, Idaho 83642
Re: North Slough Lateral Users Association
April 12, 2005
License Agreement for City of Meridian North Slough Trunk Line
MTBR&F File No. 22041.5
Dear Clint:
Boise
Idaho Falls
Pocatello
Twin Falls
US Bank Plaza Building
101 S Capitol Blvd 10th FI
PO Box 829
Boise Idaho 83701 0829
208 345 2000
800 422 2889
208 385 5384 Fax
www.moffatt.com
Enclosed please find a copy of the recorded License Agreement for City of Meridian North
Slough Trunk Line. The Agreement was recorded with the Ada County Recorder on April 12,
2005, as Instrument No. 105044010. Thank you for your assistance in this matter. If you have
any questions, please do not hesitate to contact me.
Sinc y,
Tiffiny M. H'
Paralegal
/tmh
Enclosure
BOI MT2:577959.1
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Moffatt, Thomas, Barrett, Rock &
Fields, Chartered
101 S. Capitol Boulevard, 10th Floor
Post Office Box 829
Boise, Idaho 83701-0829
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 42.00 14
BOISE IDAHO 04/12105 04:09 PM
DEPUTY Neava Haney III IIIIIIIIIIIIIIIIIIIIIIIIIIII III III
RECORDED -REQUEST OF
Moffatt Thomas 105044010
(Space Above For Recorder's Use)
LICENSE AGREEMENT FOR
CITY OF MERIDIAN NORTH SLOUGH TRUNK LINE
This License Agreement for City of Meridian North Slough Trunk Line
(hereinafter the "Agreement") is entered into and made effective this /0244 day of
2005, by and between NORTH SLOUGH LATERAL USERS ASSOCIATION, a
duly organized lateral ditch association, acting under the authority of Idaho Code section
42-1301, et seq., whose address is 2685 W. Chinden Boulevard, Meridian, Idaho 83642, and the
CITY OF MERIDIAN, a municipal corporation of the State of Idaho, whose address is 660 East
Watertower Lane, Suite 150, Meridian, Idaho 83642.
DEFINITIONS:
In addition to the other capitalized terms defined herein, this Agreement contains
certain words which shall have the following meanings:
(a) "City" shall refer to the CITY OF MERIDIAN, an Idaho municipal
corporation.
(b) "Association" refers to NORTH SLOUGH LATERAL USERS ASSOCIATION,
a duly organized lateral ditch association, acting under the authority of
Idaho Code section 42-1301, et seq.
(c) "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.
LICENSE AGREEMENT FOR CITY OF MERIDIAN
NORTH SLOUGH TRUNK LINE — I
BOI_MT2:575314.1
WITNESSETH:
WHEREAS, the Association owns and maintains a delivery system consisting of
the North Slough No. 1 Lateral, for purposes of delivering and removing irrigation water to and
from users of the North Slough No. 1 Lateral, together with easements to convey water in the
North Slough No. 1 Lateral; easements for ingress and egress; and for the operation, inspection,
maintenance, and repair of the North Slough No. 1 Lateral;
WHEREAS, the City intends to install a twenty-one inch (21 ") sewer trunk line
which will cross the North Slough No. 1 Lateral at E. Joshua Tree Street in the proposed Ventana
Subdivision and at N. Red Horse Way in the proposed Saguaro Canyon Subdivision, as more
particularly set forth herein;
WHEREAS, the City desires to obtain a license from the Association in order to
construct, own, operate, and maintain a twenty-one inch (21 ") sewer line which will cross the
North Slough No. 1 Lateral at E. Joshua Tree Street in the proposed Ventana Subdivision and at
N. Red Horse Way in the proposed Saguaro Canyon Subdivision, as depicted in the plans, maps,
drawings and notes listed in Exhibit B;
WHEREAS, the Association desires to grant the license to the City for the
purposes of constructing, owning, operating, and maintaining the sewer line crossings;
NOW, THEREFORE, in consideration of the promises and the mutual benefits,
representations, covenants, undertakings, and agreements hereinafter contained and for good and
valuable consideration received by the parties, which consideration and the sufficiency thereof is
hereby acknowledged by the parties hereto, the Association and the City represent, covenant,
undertake, and agree as follows:
LICENSE AGREEMENT FOR CITY OF MERIDIAN
NORTH SLOUGH TRUNK LINE - 2
BOI MT2:575314.1
AGREEMENTS:
1. Grant of License. The Association hereby grants to the City a license for
purposes of constructing, owning, operating, and maintaining a twenty-one inch (21 ") sewer line
which will cross the North Slough No. 1 Lateral at E. Joshua Tree Street in the proposed Ventana
Subdivision and at N. Red Horse Way in the proposed Saguaro Canyon Subdivision, in
accordance with and as depicted in the plans, maps, drawings and notes listed in Exhibit B.
2. Restrictions on License. The License is subject to the restriction that no
construction impacting the North Slough No. 1 Lateral may begin until November 1, 2004, and
that all said construction must be completed prior to March 25, 2005. The City expressly
acknowledges and agrees that this Agreement does not grant the City the right to install any
property, utilities, equipment, or other facilities, except as may be described in this Agreement,
or the right to impair any rights of the Association or others in the use of the North Slough No. 1
Lateral. This grant of License is expressly conditioned upon the prior receipt by the City of any
and all necessary approvals from governmental entities and private parties for the activities to be
performed under the terms of this Agreement, and is further expressly conditioned upon the
Association's prior written approval of all drawings and plans concerning the activities to be
conducted by the City under this Agreement.
3. Term of Grant of License. The term of the License shall commence upon
the effective date of this Agreement and shall continue for so long as the City is in compliance
with the terms of this Agreement. The Association may revoke the License granted hereunder
should the City at any time fail to comply with the terms and conditions of this Agreement;
provided, however, that the Association delivers to the City written notice of such failure and the
City fails to cure the lack of compliance within fifteen (15) days of delivery of such written
notice.
LICENSE AGREEMENT FOR CITY OF MERIDIAN
NORTH SLOUGH TRUNK LINE - 3
BOI MT2:575314.1
4. Installation and Inspection. The City, or its agents or contractors, shall
perform all work contemplated by the terms of this Agreement in a workmanlike manner. The
City agrees to assume all responsibility for all construction contemplated under this Agreement,
including general liability and costs for construction.
Any construction or other activities by the City, or its agents or contractors, which
may impede or impair the flow of water may only be performed during the non -irrigation season,
which is usually between November 1 and March 15, unless otherwise set forth in this
Agreement. The City expressly acknowledges that, notwithstanding his assumption of certain
responsibilities and receipt of certain rights under this Agreement, the Association does not
relinquish its ownership rights in any portion of the North Slough No. 1 Lateral.
Utility Crossings. Unless the City has previously disclosed utility
locations by providing plans fully depicting utility locations through a utility plan or a joint
trench utility plan, the City shall not allow any Utilities or any private party to cross any portion
of the North Slough No. 1 Lateral, or otherwise use or encroach upon the Association's
easements, without the express written consent of the Association. Said written consent may
take the form of an addendum to this existing Agreement or, the Association, in its discretion,
may require that separate license agreements be executed between the Association and the Utility
or private party seeking to cross the North Slough No. 1 Lateral. Where Utilities or private
parties will be crossing the North Slough No. 1 Lateral, those Utilities or private parties are
required signatories of this Agreement, in addition to the City, unless this requirement is waived
in writing by the Association.
In the event that the City has not provided utility plans and asserts that no Utility
or private party will be crossing the North Slough No. 1 Lateral, the City shall present to counsel
for the Association proof of this fact in one of the following forms:
LICENSE AGREEMENT FOR CITY OF MERIDIAN
NORTH SLOUGH TRUNK LINE - 4
BOI MT2:575314.1
(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 development
stating that they will not be crossing the North Slough No. 1 Lateral.
Absolutely no construction may proceed until said the City, Utilities, or private
party have met these siting/crossing requirements to the satisfaction of the Association.
6. Express Waiver. In the event that any Utilities or private parties cross the
North Slough No. 1 Lateral, or share in the use of the Association's easements, by such crossing
or use said Utilities or private parties waive any and all claims against the Association, now and
in the future, concerning or arising from the Association's water distribution, operation, and
maintenance activities of the North Slough No. 1 Lateral.
7. Indemnity. The City, and any Utility or private party, that crosses the
North Slough No. 1 Lateral or uses the Association's easements, agrees to protect, defend,
indemnify, and hold the Association 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 (a) any
acts or omissions of the City, any crossing Utility or private party, their agents, or contractors
related to or in connection with their crossing of the North Slough No. 1 Lateral; (b) use of the
perpetual easements of the Association; (c) any other activity under this Agreement; and (d) the
exercise of any privileges or performance of any obligations by the City, any crossing Utility, or
private party hereunder.
Furthermore, the City, and any crossing Utility or private party, agrees to protect,
indemnify, and hold the Association 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
LICENSE AGREEMENT FOR CITY OF MERIDIAN
NORTH SLOUGH TRUNK LINE - 5
BOI MT2:575314.1
quality violations, flooding, or any interruption or interference with the flow of water in the
North Slough No. 1 Lateral caused by any act or omission of the City, and any crossing Utility,
private party, or their agents. Any party (the City, crossing Utility, or private party) who violates
any provision of this Agreement has effectively waived any and all claims, now and in the future,
against the Association, its officers, directors, employees, members, and agents regarding the
matters governed by this Agreement.
8. No Liens. The City shall allow no liens as a result of any labor performed
or materials supplied in connection with his activities to attach to the North Slough No. I Lateral,
or to any adjacent lands held by the Association.
9. Permits. The City represents that it has obtained all permits, licenses, and
acknowledgments required to conduct the activities to be performed under the terms of the
Agreement. Additionally, the City shall deliver to counsel for the Association 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 affecting the
Association's facilities, including the North Slough No. 1 Lateral. The parties hereby recognize
and agree that this Agreement will not be executed by the Association and recorded until counsel
for the Association is in receipt of the appropriate Section 404 Permit or non jurisdictional
determination.
10. 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. No director, officer, staff
member, agent, or designee of the Association shall incur any liability hereunder to the City,
crossing Utility or private party, or any other party in such person's individual capacity by reason
LICENSE AGREEMENT FOR CITY OF MERIDIAN
NORTH SLOUGH TRUNK LINE - 6
BOI MT2:575314.1
of such person's actions hereunder or execution hereof. In the event any party hereto shall bring
any action to enforce a breach of this Agreement, the prevailing party shall be entitled to recover
reasonable costs and attorney fees from the nonprevailing party, including any costs and attorney
fees on appeal.
11. Professional Fees. The City agrees to promptly pay all legal expenses
incurred for the benefit of the Association relating to the negotiation, preparation, and execution
of this Agreement. It is expressly agreed that the Association shall not be responsible for the
payment of said expenses.
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. BindingEffect. This Agreement shall bind the parties hereto and their
respective heirs, personal representatives, successors, and assigns and shall also constitute a
burden upon and appurtenance to the property governed under this Agreement.
14. 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.
15. 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.
16. Governing Law. This Agreement shall be construed under and governed
by the laws of the State of Idaho.
LICENSE AGREEMENT FOR CITY OF MERIDIAN
NORTH SLOUGH TRUNK LINE - 7
BOI MT2:575314.1
17. Representations of Parties.
(a) The Association. The Association represents and warrants that: (i) it is a
duly organized lateral ditch association, acting under the authority of Idaho Code section 42-
1301, et seq.; (ii) it has the capacity to enter into and perform it's obligations under this
Agreement; (iii) all organizational and other actions required to authorize it to enter into and
perform this Agreement have been properly taken; and (iv) this Agreement has been properly
executed and delivered by Association and is valid and binding upon it in accordance with its
terms.
(b) The Cily. The City represents and warrants that: (i) it is a municipal
corporation 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
the City to enter into and perform this Agreement have been properly taken; (iv) this Agreement
has been properly executed and delivered by the City and is valid and binding upon the City 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.
18. The City's Authorization of Signature. The City hereby warrants that the
person signing this Agreement has been authorized to do so by the City.
19. Notices. All notices, demands, requests, and other communications under
this Agreement shall be in writing and shall be deemed properly served or delivered if delivered
by hand to the party to whose attention it is directed or, when sent by mail, three (3) days after
deposit in the United States mail, postage prepaid, addressed as follows:
NORTH SLOUGH LATERAL USERS ASSOCIATION
P2685 W. Chinden Boulevard
Meridian, Idaho 83642
LICENSE AGREEMENT FOR CITY OF MERIDIAN
NORTH SLOUGH TRUNK LINE - 8
BOI MT2:575314.1
CITY OF MERIDIAN
660 East Watertower Lane, Suite 150
Meridian, Idaho 83642
Each party may change its address for delivery by written notice in the manner
provided herein.
20. Recording. 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.
IN WITNESS WHEREOF, the parties have hereunto caused their names to be
subscribed to this Agreement of the date first set forth above.
CITY OF MERIDIAN
IC A
Q"h+ 'Z4 (written name)
or wt
Attest:
Clerk
N
SLOUGH LATERAL USERS
ikTION
P
B
Michael Myers, Pre ent
Attest:
4ek,Josh Jae -Pr sident
LICENSE AGREEMENT FOR CITY OF MERIDIAN
NORTH SLOUGH TRUNK LINE - 9
BOI MT2:575314.1
STATE OF IDAHO )
ss.
County of U6S.,)
OnthisCrR day of , 2005, b fore me, the u dersigned
Notary Public in and for said state, personally peace
known or identified to me to be the f CITY OF MERIDIAN, the
person who executed the instrument on behalf of the CI Y OF RIDIAN, 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 thi�4xwft rst above written.
NOTARY PU LIC FOR
• 1 ' Residing at
r a
�0 My Commission Expires
STATE OF IDAHO )
ss.
County of Ada )
�
On this A-7day of r 4 1 , 2005, before me, the undersigned
Notary Public in and for said state, pers nally appeared MICHAEL MYERS known or identified to
me to be the President of NORTH SLOUGH LATERAL USERS ASSOCIATION, the person who
executed the instrument on behalf of the NORTH SLOUGH LATERAL USERS ASSOCIATION, and
acknowledged to me that NORTH SLOUGH LATERAL USERS ASSOCIATION 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. _
'�14�iN Y NLS ��As
O&B LI, f0 ID
LICENSE AGREEMENT FOR CITY OF MERIDIAN
NORTH SLOUGH TRUNK LINE -10
NOTARYT-MWC FOR IDAHO
Residing at
My Commission Expires
BOI_MT2:575314.1
STATE OF IDAHO )
} ss.
County of Ada )
On this �0� day of Q. >;" 1 , 2005, before me, the undersigned
Notary Public in and for said state, personally appeared JOSH JANICEK known or identified to
me to be the Vice -President of NORTH SLOUGH LATERAL USERS ASSOCIATION, the person
who executed the instrument on behalf of the NORTH SLOUGH LATERAL USERS ASSOCIATION,
and acknowledged to me that NORTH SLOUGH LATERAL USERS ASSOCIATION 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.
LICENSE AGREEMENT FOR CITY OF MERIDIAN
NORTH SLOUGH TRUNK LINE -11
NOTARY PC FOR IDAHO
Residing at l Q,
My Commission Expires /
BOI_MT2:575314.1
EXHIBIT A
Vicinity Map
EXHIBIT A
BOI MT2:575314.1
IN
13
11111
litFSS
3,
L_LRRM=
TT I
EXHIBIT B
Plans and Specifications
Please refer to the following plans prepared by Keller Associates, for the City of Meridian North
Slough Trunk Line, Project No. 103083:
General Information, Sheet G-1, dated 2/2/05
General Notes, Sheet G-2, dated 2/2/05
Standard Details, Sheet G-3, dated 2/2/05
Key Map, Sheet G-4, dated 2/2/05
Details, Sheets D-1 and D-2, dated 2/2/05
Plan & Profile, Sta. 58+00 to 66+00, Sheet PP -7, dated 2/2/05
Plan & Profile, Sta. 66+00 to 74+00, Sheet PP -8, dated 2/2/05
EXHIBIT B
BOI_MT2:575314A