The URL can be used to link to this page

Home My WebLink AboutCrossing Agreement with Sundance Investments Limited Partnership for Lochsa Subdivision_i + ~ _ . i ~' f/ AOA COUNTY flECOflOEfl J. OAVIO NAVAAflO 12 BOISE IQAH011126102 10:16 AM AEPUTY Joanne Hooper MOFFATTNOMASUEST OF 11, lifill~~,~6`~I~I~II~,~~III~E~! ~ ~~~ AMOUNT 36.40 111 166 9D1 1+.121 ~U31~1 CROSSING AGREEMENT (Lochsa Subdivision) T~hnis.~~rassing Agreement ("Agreement") is entered into and made effective this c7C~ ~' `~ r ~Y of r~u v~-t+u(r°it-1 , 2002, by and between sETTLERS IRRIGATtoN DI5TRICT ("Settlers"), ' 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 FARwESr, I..t..e. ("Developer"}, an Idaho limited liability company, whose address is 4487 N. Dresden Ptace, Suite 102, Boise, Idaho 83714. WITNESSETH: WHEREAS, Settlers owns and maintains a system of canals, iatcrais and drains, 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 far the operation, inspection, maintenance, and repair of the canals, laterals, and drains; WHEREAS, the Developer desires to obtain a license ("License"} from Settlers to constnlct and install a sewer and water extension across the Canal within Sections 26, 27, 34 and 35, T.4 N., R I W., Ada County, Idaho, as more particularly described in the Vicinity Map attached hereto as ExhibitA-1 and incorporated herein. CROSSING AGI2EErvIEtd~I' -1 Lochsa Subdi~~ision - f 1-6-02 flpt_M7t:4S 1812.1 LI 1 ~ , WHEREAS, Developer further desires to obtain a License from Settlers to construct an off--site water line across the Canal within Sections 2S, 26, 3S, and 36 of T.4.N. R.1.W., Ada County, Idaho, as more particularly described in the Vicinity Map attached hereto as Exhibit A-2 and incorporated herein. WHEREAS, SettIets desires to grant the License to Developer for purposes of constructing and installing the sewer and water exicnsion and off site water line in accordance with the terms seE forth in this Agreement; NOW, THEREFORE, in consideration of the mutual benefits to be received by Settlers and the Developer, and other good and valuable consideration, which consideration is hereby acknowledged by the parties, and the promises, covenants, agreements, and conditions hereinafter set forth, the parties agree with one another as follows: Grant ofLicense. Settlers hereby grants a License to Developer for the purpose of constructing, installing, inspecting, maintaining, and repairing the sewer and water extension and off-site water Iine, as more particularly described in Exhibit B, subject and subordinate to any and aII property rights Settlers may have in the Canal. Developer expressly acknowledges and agrees that this Agreement does not grant the Develaper the right to install any property or equipment, except as may be described in this Agreement, or the right to impair any rights of Settlers. This grant is expressly conditioned upon the prior receipt by the Develaper of any and all necessary approvals from governmental entities and private parties for its activities to be performed under the terms of this Agreement, and is further expressly conditioned upon Settlers' written approval of all drawings and plans concerning the activities to be conducted by the Developer under this Agreement. CROSSING AGREEMENT' -2 Lacbsn Subdivision - 11-6-02 t Bpl M71.411852.1 i ~ 4 2. Temy of Grant of License. The term of the License shalt commence upon the effective date of this Agreement and shall continue for so long as Developer is in compliance wi'~h the terms of this Agreement. Settlers reserves the right to revoke this License, effective upon written notice to Developer thereof, should Developer at any time fail to comply with the terms of this Agreement. 3. installation and Ins ection. The Developer, or its agents or contractors, shall perform aI! work contemplated by the terms of this Agreement in a workmanlike manner. The Developer agrees to assume all responsibility, including general liability and costs for the construction. Prior to commencing consinaction, Developer shall provide written notice to Settlers which selects Alternate #1 or Alternate #2 described on Exibit B, Any construction or other activities by the Developer which may impede or impair the flaw of water may only be performed during the non-irrigation season, which is usually between November 1 and March 15. The Developer expressly acknowledges that, notwithstanding the Developer's assumption ofcertain responsibilities and receipt of certain rights under this Agreement, Settlers does not relinquish its ownership rights in any portion of its canals. 4. Representations and Warranties. (a} Settlers. Settlers represents and warrants that: (i) it is an irrigation district organized and existing ender and by virtue of the Iaws of the State of Idaho; (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 CRO55fNG.AGREEMENT -3 Lochsa Subdivision - 1 I-6-0? BOI M71:411H12.1 properly taken; and (iv} this Agreement has been properly executed and delivered by Settlers and is valid and binding upon Settlers in accordance with its terms. (b) Developer. The Developer represents and warrants that: (1) it is an Idaho limited liability company; (ii) it has the capacity to enter into and perform its obligations under this Agreement; (iii) alI actions required to authorize the Developer to enter into and perform this Agreement have been properly taken; (iv) this Agreement has been properly executed and delivered by the Developer and is valid and binding upon the Developer 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 Ag~ement. 5. Indemnity. The Developer agrees to protect, defend, indemnify, and hold Settlers and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and cxgenses of any nature, including court costs and attorney fees, arising from or out of any acts or omissions of the Developer, 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 Developer hereunder. Furthermore, the Developer agrees to protect, indemnify, and hold Settlers and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, lasses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out ofwater quality violations, flooding, or any interruption ar interference with the flow ofwater in Settlers' Canal caused by any actor omission of the Developer or its agents. CROSSING AGRlEEMENT -4 Lo~hsn Subdivision - I 1-6-02 aoi nnr, ai,eu i . ~,,» ~ -- 6. No Liens, The Developer shall allow no liens as a result of any labor performed or materials supplied in connection with the activities of the Developer, its agents, ar contractors, to attach to Settlers' Canal or to any adjacent lands held by Settlers. 7. Binding A reement 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 them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. $. Further Consideration. In further consideration far inducing Settlers to grant this Agreement, the Developer agrees to promptly pay all legal expenses incurred by Settlers relating to the negotiation, preparation, and execution of this Agreement. 9. 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 exorcise any right. 10. Limitations on Liability. The parties hereto agree that nothing herein contained shall be constnred 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. 11. Interpretation. The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. CROSSING AGREEM17ENT - 5 Lochsa Subdivision - 1 1-6-Q~ BOI_MT1 411812. S 1 ~ - - 12. Scverabiiity. If anypart of this Agreement is held io be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect Eo the fullest extent reasonably possible. 13. Entire A r~ cement. 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. 14. Recordins. This Agreement shall be recorded at the Ada County _ Recorder's Office. I5. 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 mail, postage prepaid, and addressed to the respective party hereto as follows or at such other address as a party designates in writing. SETTLERS iRRICATI~N DISTRICT Post Office Box 7571 Boise, Idaho 83707 FARWEST, L.L.C. 4487 N. Dresden Place, Suite 102 Boise, ID 83714 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date first set forth above. SETTLERS IRRIGATIQN DISTRICT Richard Allen, President of its Board of Directors Attest: CROSSING AGREEMENT - 6 Laehsn Subdivision - ! I-6-02 BD1 MSt~alt872.1 ~,..' .< Vicki Keen, Secretary FARWEST, LLC. By Its ~„~ CRQSSII`~1G AGREEhiENT - 7 E.ochsa Subdivision - ! 1-6-02 801 MT1:411812.1 ~~ STATE OF IDAHO ) 55. County ofAda ) J On this day of No /, 20Q2, before me, the undersigned notary public in and for said state, personally appeared RICHARD ALLEN, 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 identif ed 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 bchaif of ScttIers Irrigation District. IN WITNESS WHEREOF,1 have hereunto set my hand and affixed my official _,• seal the day and year in this certificate first above written. _ 1 ,,lunu~r..•„ ,, _: '•. Yi• NOTARY PUBLIC FOR 1DAHQ r, •~ ~ Residing at /', ~~, cr ~ 4.+ -" Si:~ My Commission Expires i~ a .~ r,•~r'I. 11H11{11j11' STATE OF IDAHO ) ss. County ofAda ) On this o'~a day of i(~oU. , 2002, before me, the undersigned notarypublic in and for said state, personally appeared VICKI KEEN, Secretary of Settlers Irrigation District, an imgation 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 seat the day and year in this certifcate first above written. NOTARY PUBLIC FOR LDAH Residing at ,~/,~~C r . `crd 1'G{ , My Commission Expires /~ CAiJSSrNC AGRzErYiENT - e I.ochsa Subdivision - I 1-6-02 .„i :i ~ ~. ~,, tlll.~„....., ~t s? ''•, .. ~~ i~ ~' •: -•'~ - # ~ . . ~~S ~~~ ~.~' o ~ - /~rP1r111N111F11''1 ~ •7r.; 661 Mtl~4}t612.1