License Agreement Addendum with Nampa Meridian Irrigation District NMID for Construction of Pedestrian Pathway Five Mile Drain 5 Mile CreekADA COUNTY RECORDER Christopher 0. Rich AMOUNT .00 t
BOISE IDAHO 04104112 01:38 PM !
DEPUTY Lisa Balt I�I"'���I'11111I"�"I,��I�'I
RECORDED—REQUEST Of 112,030857
Nampa Meridian Irrigation
ADDENDUM TO LICENSE AGREEMENT
ADDENDUM TO LICENSE AGREEMENT, made and entered into this j day of
. 5 , 2012, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irritation
district organized and existing under and by virtue of the laws of the State of Idaho (District), and the CITY
OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642 (Licensee), is made with reference to the following
facts:
The District and Licensee entered into a certain License Agreement dated January 17, 2012,
recorded as 1 nstrument No. 112005415, Records of Ada County, Idaho pursuant to a certain
Master Pathway Agreement dated December 19, 2000, recorded as Instrument No.
too 102999, Records of Ada County, Idaho. The purpose of the License Agreement is to
permit Licensee to perform construction of. (a) a pedestrian pathway parallel to the Five
Mile Drain and within the District's easement from Pine Avenue to Bradley Avenue within
the District's real property and/or easement for said drain; (b) gates and fences across and
within the District's easement for the Five Mile Drain; and (c) extend the culvert where the
Five Mile Drain crosses Pine Avenue and construct and install the pedestrian pathway
across the Five Mile Drain, all within Meridian, Ada County, Idaho. Licensee now
represents to the District that Licensee desires to modify and amend said License Agreement
to approve and permit Licensee's request to no longer extend the existing cu lvert, but to now
replace the entire existing culvert with 36 feet of 72" CMP, where the Five Mile Drain
crosses Pine Avenue and within the District's easement for the Five Mile Drain. Execution
of this addendunn in accordance with these facts will affect or change tine terms of said
License Agreement.
NOW, TI-IEREFORE, for and in consideration of the premises and of the covenants, agreements and
conditions hereinafter set forth and those set forth in the License Agreement referred to above naming tine
parties hereto as parties, the parties agree as follows:
Said License Agreement is hereby amended to approve and permit Licensee to replace the
existing 72" corrugated nnetal pipe culver-twith 36feet of72"CMP culvertwithinthe Five Mile Drain where
Five Mile Drain crosses Pine Avenue and within the District's easement for the Five Mile Drain (tine prior
construction of 9 foot extension to the Five Mile Drain is no longerautlnorized and Licensee's pedestrian
pathway will now cross the Five Mile Drain where the new culvert is installed) and all covenants, agreements
and conditions of said License Agreement shall apply to Licensee's installation and replacement of the
pipe/culvert. The construction described in this Addendum shall be in accordance with those portions of
ADDENDUM TO LICENSE AGREEMENT - PAGE I
certain plans attached hereto as Exhibit D -I and by this reference nude a part hereof.
2. Construction ofthe facilities authorized by this Addendum steal l be completed one year fi-om
the date of this Addendum. Time is of the essence.
3. Said License Agreement is hereby affirmed and shall remain in full force and effect except
as modified by this Addendum. Licensee acknowledges and agrees that it is bound by the covenants,
conditions and agreements contained in said License Agreement.
4. The Licensee agrees to pay reasonable attorney fees and recording fees for preparation and
recording of this Addendum.
5. The covenants, conditions and agreements contained herein and in said License Agreement
S11,111 constitute covenants to run with, and running with, all of the lands of Licensee described in Exhibit A
of said License Agreement, and shall be binding on each of the parties hereto and on all parties and all
persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each
of' the parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF, the District and Licensee have hereunto caused their names to be
subscribed as of the day and year herein first above written.
ATTEST:
Its Secretary
NAMPA & MERIDIAN IRRIGATION DISTRICT
Y 'yi>
OFFICIAL)Z) Z��e
By
iS.FiM1 `� Its President
CITY OF MERIDIAN
ATTEST:
city of
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ADDENDUM TO LICENSE AGREEMENT - PAGE�yrF4 4t Tates°����~
STATE OF IDAFIO )
ss:
County of Canyon )
On this 3 day of, 2012, before me, the undersigned, a Notaiy Public in
and for said State, personally appeared Clidon C. Pline and Daren R. Coon, known to me to be the President
and Secretary, respectively, ofNAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that
executed the foregoing iilsti'ument 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.
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STATE OF IDAI-10�F
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Notary Publicf'pr Idaho G
Residing at (rG.�= �^�'�� t' , Idaho
My Commission Expires: `l A
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On this _� day of �(� , 2012, before me, the undersigned, a notary
public in and for said state, personally appeared rnaw je &trA , known to me to be the
Amps of I'Ae-vtA XC V\ , 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.
ADDENDUM TO LICENSE AGREEMENT - PAGE 3
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Block 13a & 13b. Estimated Start and Finish Dates
The proposed work is anticipated to start March 2012 and be complete by April 2012.
Block 20. Type, Material and Amount Being Discharged Below the Ordinary High
Water Mark, in Cubic Yards
The previously permited type, material and amount being discharged below the ordinary high water marl:,
in Cubic yards is as follows:
(1) Type I Aggregate = 1 I cubic yards
(2) Culvert bedding = 6 cubic yards
The revised permitted type, material and amount being discharged below the ordinary high water mark, in
cubic yards is as follows:
(I) Type 1 Aggregate = 28 Cubic yards
(2) Culvert bedding = 24 cubic yards
(3) Rip Rap = 12 cubic yards
Block 24a. Addendum Overall Description
1.0 DESCRIPTION OF ADDENDUM
The purpose of this addendum is to document project elements that have changed since issuance of Permit
No. NWW-2011-254-1303.
At the beginning of construction for the permitted culvert extension, the contractor exposed the existing
72" culvert and it was determined that the existing culvert has significantly deteriorated. As a result, the
project is proposing to entirely remove the existing culvert and replace it with a new 72" culvert. The
project is proposing the following changes from the previously approved permit:
• Remove the existing 72" corrugated metal pipe culvert, including excavation required for
removal and placement of a new culvert.
• Place pipe bedding material.
• In lieu of extending the existing 72" pipe culvert 9 feet to the west, entirely replace the existing
72" corrugated metal pipe. The new culvert will be 36 feet in total length, which extends the
upstream end of the culvert Y to the east to reduce sloughing of the existing slopes.
• Place Type 1 aggregate backfill around the new pipe.
• Place riprap material at the upstream (east) end of the new culvert.
Cily ry*Aleridirro Projecl Na. 16134
Firemile Creek PorhirgP Segment 111 A -larch 8. 21112
Aim Applicalloo jis- Permim Addendum No. l .51seer 1 r f?
Exhibit D-1, Page 1
Block 24b. Revised Description of Activities
The previously permitted type of activities are still valid. The items in bold reflect the revised detailed
description of each individual activity and are as follows:
I ) Place QMP's, erosion and sediment control measures
2) Clearing and Grubbing
3) Replace the existing culve1't, using heavy machinery to lower culvert into creek
4) Place Rip Rap material :Tong the upstream opening
5) Place till over culvert, construct asphalt pathway
Block 26. Impacts to Stream, River, Lake, Reservoir
Seasonal or Ave. Stream
Name of Waterbody Perennial 11 Wdith across (LF) Description of Impact Impact length (LF)
Fivemile Creek Seasonal 1 35 culvert for pedestrian crossing 36
Revised Project Detail Figure
The attached Sheet AD] of 1 shows the proposed culvert extension. This sheet replaces Sheet 2 of 2 in the
approved permit.
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Exhii3it D_1, page 2
Project Aro. 16134
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Fivemile Creek
Culvert Installation
NWW No.2011--254-1303
City of Meridian
Fivemile Creek
Ada County, Idaho
Sheet AD1 of 1
03/08/12
Exhibit D-1, page 3