HomeMy WebLinkAboutLicense Agreement with Nampa Meridian Irrigation District NMID for the WWTP Ten Mile Drain Stream Sampling StationADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 14
BOISE IDAHO 09/05/13 03:18 PM
DEPUTY Lisa Batt
RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIII III III
Nampa Meridian irrigation Dist 11 ~ 1415 02
ACREEMENT
This AGREEMENT, is made and entered into this ...~ da of ~ E ~~ ~ - ..
betwe Y ..,a ~~ ~0 t 3, by and
en NAMPA & MERIDIAN IRR~GATZO-N DISTRICT, an irri ation distr r' ' '
under and by virtue of the laws o ~ ct organized and existing
fthe State of Idaho, hereina~er referred to as the "District" and
CtT'~ GF MERIDIAN,
33 East Broadway, Meridian, Idaho 83642
hereinafter referred to as the "City",
~ITNESSETH:
wHEItFAS, the. District owns the irrigation ditch known as the TEN M '
ILE DRAIN, an integral part
of the irrigation and drainage wotks and s stem of th •
i y e D~str~ct, together with the .easement therefor to convey
rr~gation and drainage water, to operate, clean, maintain, and re air the Ten Mile '
Ten Mile Drain for those p Dram,` and to access the
purposes; and,
wHE~.EAS, the District operates, cleans, maintains, re airs and rotects '
benefit of District's la p p the Ten Mile Drain for the
ndowriers; and,
V1rHEREAS, the City owns .:the real property, articular) described ' «
Descri tion" attached h • • p y zn the deed and/or Legal
p ereto as Exh~b~t A anal by this reference made a part hereof• and
> >
wHER~AS, the Ten Mile Drain crosses and intersects the Ci 's r . •
A as shown on Ex ' . ty eal property: described ~n Exh~b~t
habit B, attached hereto and by this reference made a art hereof' a
p nd,
V~HEREAS, the City desires permission to construct a flush line f •
Drain and within the Di or discharge into the Ten Mile
str~ct's easement under the terms and conditions of this A eemen '
of Meridian, Ada Coun Idaho' and ~' t, within the City
tY~ ,
Nt~'~, THEREFC3RE, for and in consideration of the remises and of th
conditions hereinafter set fo p e covenants, agreements and
rth, the parties agree as follows
A. Scope of Agreement
l . The City shall have the right to construct and maintain a flush line '
Ten Mile Drain or encroa and to discharge into the
ch upon the District's easement for the Ten Mile Drain in the manner describ '
the "Purpose of Agreement" attached beret • • ~ ed to
o as Exhibit C and by this reference made a part hereof.
Z. Any crossing, encroachment upon or modification of the Ten Mile Drai s
n and/or the D~str~ct s
AGREEMENT -Page
2. Anycrossing,encroachmentuponormoditicationoftheFiveMileDrainand/ortheDistrict'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 Agreement," and any plans or drawings referenced in or attached to Exhibit
D shat l be resolved in favor of Exhibit C. The City shall only be permitted to cross, encroach upon or modify
the Pive Mile Drain and/or the District's casement as described in Exhibit C even if any plans or drawings
referenced or attached to Exhibit D provide or show otherwise. F.ach installed facility shall be subject the
conditions of this Agreement and the City shall have access to repair, maintain, or replace said facilities as
needed.
3. This Agreement pertains only to the City's encroachment upon the Five Mile Drain and/or
the District's easement for the purposes and in the manna described herein. The City 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 Five Mile Drain except as referred
to in this Agreement without the prior written consent of the District.
4. 'L'he City recognizes and acknowledges that the permission granted by this 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 City 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 City fi•mn the holder oftitlc to the property. Should the City
tail to obtain such rights from the holder oftitlc to the property or should the rights obtained prove legally
ineffectual, the Cily shall indemnify, hold harmless, and del8nd 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 Agreemeut shall be of
no force and effect.
C. Facility Construction, Operation, Maintenance and Repair
1. The City agrees that the work performed and the materials used in any construction permitted
by this Agreement shall at all times be subject to inspectimr 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 shall have bceu
expressly approved by the District. Such approval by the Disttict shall not be unreasonably withheld.
2. Each facility ("facility" as used in this Agreement means any object or thing installed by the
City on, over or in the vicinity ofthe District's easement) shall be constructed, installed, operated, maintained,
and repaired at all times by the City at the cost and expense of the City.
3. The City agrees to construct, install, operate, maintain and repair each facility and conduct
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 interruption or interference with the flow of irrigation or drainage water in the
Five Mile 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 adjacent to the easement;
e. an interference with the District's use of its easement [o access, operate, clean,
maintain, and repair the Five Mile Drain;
f. any other damage to the llish•ict's easement and irrigation or drainage works.
4. The City agrees to indemnity, hold harmless, and defend the District from all claims for
damages arising out of any of the City's construction or activity which constitutes or causes any of the
AGREEMENT -Page 2
circumstances enumerated in the preceding paragraph, 3.a. through 3.£, 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 City 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 ofthe Five Mile Drain,
or causes or contributes to any ofthe circumstances enumerated in the preceding paragraph, 3.a. through 3.f.
7'he District shall give reasonable notice to the City, and shall allow the City 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 City shall respond within 24 hours to begin
repair or remediate any interference with the District's operation and maintenance of the Five Mile Drain.
The District reserves the right to perform any and all work which the City fails or refuses to perform within
a reasonable period of time after demand by the District. All work performed shall be performed in manner
required by Idaho law, including but not limited to the use of licensed public works contractors and engineers
and the performance standards as required by law and ordinance. The City agrees to pay to the District, on
demand, the costs which shall be reasonably expended by the District for such purposes. Nothing iu this
paragraph shall create or support any claim of any kind by the City or any third paiTy against the District for
failure to exercise the options stated in this paragraph, and the City shall indemnify, hold harmless and defend
the District from any claims made against the District arising ou[ of or relating to the teams 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 parties hereto understand and agree that the District has no right in any respect to impair
the uses and purposes of the irrigation or drainage works and system of the District by this Agreement, nor
to grant any rights in its irrigation or drainage works and system incompatible with the uses to which such
irrigation or drainage works and system are devoted and dedicated and that this Agreement shall be a[ all
times construed according to such principles.
2. Nothing herein contained shall be construed to impair the Five Mile Drain m• the District's
easement, and all construction and use of the District's easement by the City and the permission herein
provided therefor shall remain inferior and subservient to the rights of the District to the use ofthe Five Mile
Drain for the transmission and delivery of irrigation water or transmission of drainage water.
3. The City agrees that the District shall not be liable for any damages which shall occur to any
facility in the reasonable exercise of the rights of the District in the course of performance of maintenance
or repair of the Five Mile Drain.
4. [n the event of the failure, refusal or neglect of the City to comply with all of the terms and
conditions of this Agreement, the permission granted to the City 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
ofway therefor, which may unreasonably and materially interfere with the maintenance and operation ofsuch
Five Mile Drain by the District with its equipment for the maintenance of the Five Mile Drain shall be
promptly removed by the upon demand of the District.
L. Applicable Law and Jurisdiction Unaffected.
I. Neither the terms of this Agreement, the permission granted by the District to the Cily, the
AGREEMENT -Page 3
City's activity which is the subject of this Agreement, nor the parties exercise of any rights or performance
of any obligations of this 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 ditches, drains, irrigation works and
facilities which did not apply to the UistricPs operations and activities prior to and without execution of this
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 Agreement or the City's activity authorized
hereunder, City 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 and the City shall cease the activity and
remove the facility which subjects the District to such requirements.
P'. Indemnification and Hold Harmless
I, In addition to all other indemnification provisions herein, City further agrees to indemnify,
hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including
reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or
omissions of City or its agents, conh•actors or subcontractors in performing the construction and activities
authorized by this Agreement.
G. Fees and Costs
I. The City agrees to pay to the District fees and costs incurred by the District for work
necessary to prepare this Agreement. The amount shall not exceed $500.00 without the additional consent
of the City.
2. 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 prevailing party in case suit is
instituted, shall be entitled to reimbwsement for its costs and reasonable attorney fees from the other party.
H. Miscellaneous
t. No Claims Created. Nothing in this Agreement shall create or support a claim of estoppel,
waiver, prescription or adverse possession by the City or any third party against the District.
2. Assi ng ment. Neither this Agreement nor any agreement entered pursuant to this 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 Agreement must be
in writing and signed by all parties to be enforceable.
4. Interpretation. This Agreement shall be interpreted and enforced in accordance with the laws
of the State of Idaho. This Agreement is not intended for the benefit of any third party and is not enforceable
by any third party. If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or otherwise unenforceable, all remaining provisions of this Agreement shall remain in full force
artd effect. "The parties represent and warrant to each other that they each have authority to enter this
Agreement. The catchlines or section headings herein set forth are provided only for the convenience of the
AGREEMENT -Page 4
parties in locating various provisions of this Agreement, and are not intended to be aids in interpretation of
any provision of this Agreement with respect to which the parties might disagree at some future time, and
shall not be considered in any way in interpreting or cons#ruing any provision of the Agreement.
5. BindnsEffect. The covenants, conditions and agreements herein contained shall constitute
covenants to run with, and running with, the easements} of the City described herein, 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.
b. Notices, Any and ail notices, demands, consents and approvals required pursuant to this
Agreement shall be delivered to the parties as follows:
Nampa & Meridian Irrigation District City of Meridian
5525 East Greenhurst 33 E. Broadway
Nampa, ID 8368b Meridian, Idaho 83442
Notices shall be deemed to have been delivered upon hand deposit in the United States mail as
provided above.
7. Counterparts. This 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 WITNES S wHEREI~F, the District has hereunto caused its Warne to be subscribed by its officers
f rst hereunto duly authorized by resolution of its Board of Directors and the City has caused its corporate
name to be subscribed by its duly authorized officer, all as of the day and year herein first above written.
NAMPA & MERIDIAN IRItIGATI4N DISTRICT
OFFICIAL °z
'~~~~~1
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ATTEST:
~~~~~~-_
Its Secretary
By _~.
Its President
CITE' OF MERIDIAN
Its Mayor
AGREEMENT -Page 5
ATTEST:
County of Canyon
ss:
an this .J da of ~ ,_ ~ y ~-2013, before me, the undersigned, a Notary Public in
.r.r..~r~ ~ ~ r
and for said State, personally appeared Gr am Paterson and Darer boon, known to me to be the President
and Secre , res ectively, of NAM~A & MERIDIAN IRRICATI(3N DISTRICT, tie irrigation district that
tart p
executed the foregoing instrument and acknowledged to `me that such irrigation district executed the same.
1N'~VITNI~SS'~IHEREt~F, I have hereunto set my hand and affixed my o~cial seal, the day
and year in this certificate first abov~,~,.
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STATE OF IDAHD } '~~~a~ . ~`'AT ,~;~~~~~'
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} ss.
County of Ada }
4n this 1 ~ day of ~ ~ ~ ~~~;,~;, 2413, before me, the undersigned, a notary public
in and for said state, personally. appeared . and _ ~ ~ lc~own
to nee to be the,, ~ ~ anc~ C 1~ of the CI'IJ'~' +DF MERiDIA~, the entity
that executed the foregoing instrument, and acknowledged to me that such entity: executed the same.
1N 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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AGREEMENT -Page 6
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No Public for ~
Residing at
My Commission Expires:.... ~ ~/ !
STATE C3F IDAHO
ATTEST:
Its City Clerk
STATE OF IDAHO )
ss:
County of Canyon )
On this day of , 2013, before me, the undersigned, a Notary Public in
and for said State, personally appeared Graham Paterson and Daren Coon, known to me to be the President
and Secretary, respectively, ofNAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation dish•ict that
executed the foregoing instrument and acknowledged to me that such irrigation district executed the same.
IN WITNESS W HEREOF,1 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 Ada )
On thisday of , 2013, before me, the undersigned, a notary public
in and for said state, personally appeared and known
to me to be the and of the CITY OF MERIDIAN, the entity
that executed the foregoing instrument, and acknowledged to me that such entity executed the same.
IN WITNESS W HEREOF, I have hereunto set my hand and affixed my official seal, the day
and year in this ce~1ificate first above written.
Notary Public for
Residing at _
My Commission Expires:
AGREEMENT -Page 6
i ~~IIF ~S'l'
WARRANTY DEED
k'OR VALUE RECEIVED, HEBER J. 5PENCER, a widower, the Grantor,
does hereby grant, bargain, sell and convey unto the CITY OF
MERIDIAN, a municipal corporation, 728 Meridian Street, Meridian,
Idaho 83642, the Grantee, the following described premises,
to-wit:
A parcel of land lying in the SE 1/4 of Section 34, T. 4N.,
R. 1W., B.M., Ada COUnty, Tdaho, and more particularly described
as Follows:
Beginning at the Southeast corner c£ the said 5E 1/4 of Sec. 34;
thence North 0°53'14" East 1,107.89 feet along the Easterly
boundary of the said SE 1/4 of Section 34, which is also the
centerline of Ten Mile Road, to a point on the centerline of
Fivemile Creek, also said point being the REAL POINT OF BEGINNING;
thence continuing North 0°53'14" East 100.88 feet along the said
Easterly boundary of the SE 1/4 of Section 34 to a point on the
centerline of Cresson Lateral; thence North 48°43'20" Wast 199.25
feet along the said centerline of Creason Lateral to a point of
curve; thence Northwesterly along the said centerline of Creason
Lateral along a curve to the left 57.46 feet, said curve having a
central angle of 10°47'40", a radius o£ 305.00 feet, tangents of
28.82 feet, and a long chord of 57.38 feet bearing North 54°07'
10" West to a point of tangent; thence North 59°31'00" West 41.06
feet along the said centerline of Creason Lateral to a point of
curve; thence Northwesterly along the said centerline of Creason
Lateral along a curve to the left 167.00 feet, said curve having
a central angle of 31°10'00", a radius of 307.00 feet, tangents
of 85.62 feet and a long chord of 164.94 feet bearing North 75°
06'00" West to a point or reverse curve; thence continuing North-
westerly along the said centerline of Creason Lateral along a
curve to the right 107.40 feat, said curve having a central angle
of 10°08'00", a radius of 607.25 feet, tangents of 53.64 fast and
a long chord of 107.26 feet bearing North 85°37'00" West to a
point of tangent; thence North 80°33'00" West 141.23 feet along
the said centerline of Creason Lateral to a point of curve; thence
Northwesterly along the said centerline of Creason Lateral along
a curve to the right 39.74 feet, said curve having a central angle
of 34°30'00", a radius of 66.00 feet, tangents of 20.49 feet and a
long chord of 39.14 feet bearing North 63°18'00" West to a point
of tangent; thence North 46°03'00" West 96.38 feet along the said
centerline of Creason Lateral to a point of curve; thence North-
westerly along the said centerline of Creason Lateral along a
curve t0 the left 57.08 feet, said curve having a central angle
of 19°28'00", a radius of 168.00 feet, tangents of 28.82 feet
and a long chord of 56.81 feet bearing North 55°47'00" West to
a point of tangent; thence North 65°31'00" West 115.81 feet along
the said centerline of Cresson Lateral to a point of curve; thence
Northwesterly along the said centerline of Creason Lateral along
Exhibit A, page 1
Northwesterly along the said centerline of Creason Lateral along
a curve to the left 70.57 feet, said curve having a central angle
of 15°44'00", a radius of 257,00 feet, tangents of 35.51 feet and
a long chord of 70.35 feet bearing North 59°02'00" West to a point
of tangent; thence North 66°54'00" West 146.38 fret along the
said centerline of Creason Lateral to a point of curve; thence
Northwesterly al.nng the said centerline of Creason Lateral along
a cuxve to the right 34.62 feet, said curve having a central angle
of 2l°06'00", a radius of 94.00 feet, tangents of 17.51 feet and
a long chord of 34.42 feet bearing North 56°21'00" West to a point
of tangent; thenoe North 45°48'00" West 125,65 feet along the said
centerline of Creason Lateral to a point Of cures; thence North-
westerly along the said centerline of Creason Lateral along a
curve to the right 114,76 feet, said cuxve having a central angle
of 37°18'00", a radius of 176.28 feet, tangsnts of 59.50 feet and
a long chord of 112.74 feet bearing North 27°09'00" Wsst to a
point of reverse curve; thence Northwesterly along the said
centerline of Creason Lateral along a curve to the left 145.77
feet, said curve having a central angle of 46°24'00", a radius
of 180.00 felt, tangents of 77.15 feet and a long chord of
141.82 feet bearing North 31°42'00" West to a point of tangent;
thence North 54°54'00" west 98.65 feet along the said center-
line of Creason Lateral to a point of cuxve; thence Northwesterly
along the said centerline of Creason Lateral along a curve to the
right 31,65 feat, said curve having a central angle of 11°20'00",
a radius of 160.00 feet, tangsnts of 15.88 feet and a long chord
of 31.60 fret bsaxing North 49°14'00" West to a point of tangent;
thence North 43°34'00" West 154.36 Eeet along the said centerline
of Creason Lateral to a point of curve; thence Northwesterly
along the said centerline of Creason Lateral along a curve to the
left 143.46 feet, said curve havinq a central angle of 14°36'00",
a radius of 563.00 feet, tangents of 72.12 feet and a long chord
of 143.07 feet bsaxing North 50°52'00" West to a point of tangent;
thence North. 58°10'00" west 138.17 feat along the said centerline
of Creason Lateral to a point of curve; thence Northwesterly along
the said centerline of Creason Lateral along a curve to the right
28.43 feet, said curve having a central angle of 40°A3'00", a
radius of 40.00 feet, tangents of 19.89 feet and a long chord of
27.83 feet bearing North 37°48'30" West to a point of tangent;
thence North 17°27'OD" west 137.18 feet along the said centexline
of Creason Lateral to a point on the Northerly boundary of the
said 5E 1/4 of Section 34; thence North $9°16'09" West 650.10
feet along the said Northerly bqundaxy of the 5E 1/4 of Section 39
to a point marking the Northwest corner of the said SE 1/4 of
Section 34; thence South 0°46'49" West 1,347.70 feet along the
Westerly boundary of the said SE 1/9 of Section 34 to a point on
the said centerline of Fivemils Creek; thence South 89°04'20"
East 433.18 feet along the said centerline of T'idemile Creek to a
point of curve; thence Southeasterly along the said centerlins of
Fivemils Creek along a curve to the right 98.69 felt, said curve
havinq a central angle of 16°46'20", a radius of 337.00 feet,
tangents of 49.68 feet, and a long chord of 96.30 felt bearing
South 80°41'10" East to a point of tangent; thence South 72°18'
00" East 182.16 feet along the said centerlins of Fivemils Creek
to a point of curve; thence Southeasterly along the said center-
. ~ -. .. _ . . _ ________. a_ ~n.~ t~CI. 110 A11 F..e4 cajA
Exhibit A, page 2
curve having a central angle of 29°50'50", a radius of 229.00
feet, tangents of 50.45 feet, and a long chord of 98.53 feet bear-
ing North 80°35'25" East to a point of tangent; thence North
68°10'00" East 147.95 feet along the said centerline of Fivemile
Creek to a point of curve; thence Northeasterly along the said
centerline of Fivemile Creek along a curve to the right 53.16 feet,
said curve having a central angle of 21°18'00", a radius of 193.00
feet, tangents of 26.89 feet,. and a long chard of 52.86 feet
bearing North 79°49'00" East to a point of tangent; thence North
89°28'00" East 360.99 feet along the said centerline of Fivemile
Creek to a point of curve; thence Southeasterly along the said
centerline of Fivemile Creek along a curve to the right 42.03 feet,
said curve having a central angle of 37°03'00", a radius of 65.00
feet, tangents of 21.78 feet, and a long chord of 41,30 feet
bearing South 72°00'30" East to a point of tangent; thence South
53°29'00" East 243.60 feet along the said centerline of Fivemile
Creek to the point of beginning.
Together with all water, water rights, ditches and ditch
rights of way appurtenant thereto or connected therewith.
This conveyance includes all oil, gas and mineral rights and all
of the Grantor's right, title and intereat under that Lease
dated August 20, 1973 between H, J, Spencer and Standard Oil
Company of California, recorded under recorder's fee no. 868393,
records of Ada Ceunty, Idaho.
T.0 HAVE AND TO HOLD the said premises, with their
appurtenances unto the said Grantee, its successors and assigns
forever. And the said Grantor does hereby covenant to and with
the said Grantee, that he is the owner in fee simple of said
premises; that said premises are free from all encumbrances, and
that he will warrant and defend the same from all lawful claims
whatsoever,
DATED September /~_, 1975.
/.- '
Exhibit A, page 3
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fire Ill~e Drain in SRlla in S,3a,
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~xhiba.t F3
EXHIBIT C
Purpose of Agreement
T'he purpose of this Agreement is to permit the City to construct, operate, and maintain:
I. a lower sampling station, including a removable bridge deck structure and footings across
the Five Mile Drain and within the District's easement; and
2. an upper sampling statiar, including pre-existing removable deck sampling bridge across a
pre-existing flume across the Five Mile Drain and within the District's easement,
all within Licensee's real property, City of Meridian Waste Water'1'reatment Plant, located northwest of the
intersection of Ustick Road and Ten Mile Road in Meridian, Ada County, Idaho.
EXHIBIT D
Special Conditions
a. the construction described in Exhibit C shall be in performed in accordance with Exhibit
D-l, attached hereto and by this reference incorporated herein.
b. Licensee shall notify the District prior to and immediately after consU uction so that he or the
DisUrict's engineer's may inspect and approve the conshuction.
c. The City represents that City has complied with all federal, state or other laws, rules,
regulations, directives or other requirements in any form regarding environmental matters, and specifically
those relating to pollution control and water quality, as may be applicable under the subject matter, terms or
performance of this agreement broadly construed. The City recognizes its continuing duty to comply with
all such requirements that now exist or that may be implemented or imposed in the future. By executing this
agreement the District assumes no responsibility or liability for any impact upon or degradation of water
quality or the environment resulting from the discharge or other activity by the City which is [he subject of
this agreement.
d. The City hereby indemnifies, holds harmless and shall defend the District from any and all
penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity,
public or private, with respect to environmental matters relating to the subject matter, terms m' performance
of this agreement unless the District shall be solely responsible for the condition or activity which gives rise
to any such penalty, sanction, directive, claim ,action or requirement.
e. In the event the District is required by any governmental authority to acquire or comply with
any permit or other operational requirements associated with the City's discharge and other activity which
is the subject ofthis agreement, the City shall indemnify, hold harmless and defend the District from all costs
and liabilities associated with such permit and other requirements, including but not limited to all costs
associated with all permit acquisition, construction, monitoring, treatment, administrative, filing and other
requirements.
f. The parties to this agreement recognize that this agreement is an accommodation to the City.
The District by this agreement does not assume, create, or exercise legal or other authority, either express or
implied, to regulate control, or prohibit the discharge or contribution of pollutants or contaminants to the
District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other
destination. Such authority, to the extent that it exists, is possessed and exercised by governmental
environmental agencies.
AGREEMENT -Page 7
g. Construction ofthe sampling stations within the District's easement shall be completed one
year from the date of this agreement. Time is of the essence.
AGREEMENT -Page 8
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