License Agreement with Nampa Meridian Irrigation District NMID for Master PathwayMemo
To: Mayor de Weerd & City Council
From: Brad Watson, P. E.
CC: File, Doug Strong, City Clerk
Date: 6/14105
Re: June 21 City Council Meeting Agenda Item
RECEIVED
,JUN 14 2005
city Of Meridian
City Clerk Office
The Public Works Department respectfully requests that the following item be placed on the
.June 21 City Council agenda, on the Consent Agenda, for Council's consideration:
Three party License Agreement with Nampa & Meridian Irrigation District — Master PathwaX
Agreement This agreement is for a public pathway to be constructed in conjunction with
Vallin Court Subdivision. This is a three party agreement between the Nampa & Meridian
Irrigation District, Woodside Properties LLC, and the City of Meridian. The purpose of this
agreement is to delineate the responsibilities among the parties during and after Construction.
During the construction period the agreement is between the NMID and Woodside Properties
LLC, and upon the final acceptance of the pathway by the City of Meridian, the developer
drops out of the agreement, and the City becomes the Licensee. This will cut out a
necessary step of having to re -license the crossing to the City of Meridian once it is complete.
Recommended Council Action: Approve the license agreement with
Nampa & Meridian Irrigation District} Woodside Properties LLC and the
City of Meridian, and authorize the Mayor to sign and City Clerk to
attest.
Thank you for your consideration.
0 Page 1
LICENSE AGREEMENT
LICENSE AGREEMENT, made and entered into this day of , 2005, by and
between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing
under and by virtue of the laws of the State of Idaho, party of the first party, hereinafter referred to as the
"District," and
THE CITY OF MERIDIAN, a political subdivision and
municipality of the State of Idaho (hereinafter "City").
party, or parties of the second part, hereinafter referred to as the "Licensee,"
WITNESSETH:
WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and
Maintaining Pathways for public use along and across some of the District's ditches and within some of the
District's easements and fee title lands dated December 19, 2000, recorded as Instrument No. 100102999,
records of Ada County, Idaho, hereinafter referred to as the "Master Pathway Agreement; and,
WHEREAS, the District and the City intended by entering the Master Pathway Agreement to
accomplish the following in a manner that is consistent with their respective legal and fiduciary
responsibilities; to enhance the City's pathway planning though early consultation between the City and the
District; to establish a process for the City's submission of pathway requests and the District's consideration
of such requests; and to provide the general conditions for the District's approval and authorization of
pathway requests affecting the District's ditches, property, operations and maintenance; and,
WHEREAS, the District grants to Licensee the right develop pathways to encroach within the
District's easements along and across the District's ditches, canals and easements therefor upon the terms
and conditions of said Master Pathway Agreement and after the execution of a license agreement for each
proposed crossing and encroachment; and,
WHEREAS, the Licensee is the owner of the real property easement / right of way (burdened with
the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached
hereto as Exhibit A and by this reference made a part hereof; and,
WHEREAS, the District controls the irrigation ditch or canal known as FINCH LATERAL (aka
South Slough (hereinafter collectively referred to as "ditch or canal") together with the real property and/or
easements to convey irrigation water, to operate and maintain the ditch or canal, and which crosses and
intersects said described real property of the Licensee as shown on Exhibit B attached hereto and by this
reference made a part hereof; and,
LICENSE AGREEMENT - Page 1
WHEREAS, the Licensee desires a license to perform or authorize construction to pave a pathway
within the District's easement for the Finch Lateral under the terms and conditions of said Master Pathway
Agreement and those hereinafter set forth,
NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and
conditions hereinafter set forth and those set forth in said Master Pathway Agreement, the parties hereto
agree as follows:
1. Licensee may perform construction involving the paving of the pathway on the north side
of the Finch Lateral, within the District's easement for said ditch, located within the Vallin Court
Subdivision, located south west of the intersection of Ustick Road and Meridian Road, Meridian, Ada
County, Idaho.
2. Any construction, widening or crossing of said ditch or canal shall be performed in
accordance with the "Special Conditions" stated in Exhibit C, attached hereto and by this reference made
part thereof.
3. The permitted hours of use of the pathway shall be one half hour before sunrise to one half
hour after sunset.
4. The parties hereto incorporate in and make part of this License Agreement all the covenants,
conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the
provisions of this License Agreement.
The covenants, conditions and agreements herein contained and incorporated by reference shall
constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit
A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them
or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their
respective successors and assigns.
IN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by
its officers first hereunto duly authorized by resolution of its Board of Directors and the Licensee has
hereunto subscribed its corporate name to be subscribed and its seal to be affixed thereto, all as of the day
and year herein first above written.
NAMPA & MERIDIAN IRRIGATION DISTRICT
im
ATTEST:
Its Secretary
LICENSE AGREEMENT - Page 2
Its President
THE CITY OF MERIDIAN
ATTEST:
STATE OF IDAHO }
ss:
County of Canyon )
On this day of , 2005, before me, the undersigned, a Notary Public in and for
said State, personally appeared Monte S. Janicek and Daren R. Coon, known to me to be the President and
Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that
executed the foregoing instrument and acknowledged to me that such irrigation district executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year
in this certificate first above written.
Notary Public for Idaho
Residing at , Idaho
My Commission Expires:
STATE OF IDAHO )
ss:
County of _ )
On this day of , 2005, before me, the undersigned, a Notary Public in and for
said State, personally appeared and , known to me to be
the and , respectively, of The CITY OF MERIDIAN, the
entity that -executed the foregoing instrument and acknowledged to me that such entity executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year
in this certificate first above written.
Notary Public for
Residing at
My Commission Expires:_
LICENSE AGREEMENT - Page 3
Idaho.
EXHIBIT A
Legal Description
In the North East V4, Section 1, Township 3 North, Range 1 West, B.M., Meridian, Ada County,
EXHIBIT C
Special Conditions
a. Construction and location of the pathway shall be in accordance with certain plans consisting
of one sheet entitled "Vallin Court Subdivision, Landscape Plan", revisions dated April 26, 2005. This plan
has been delivered to the District's water superintendent, is in his possession in his office, and is hereby
incorporated by this reference.
b. The District's easement for this section of the Finch Lateral is 80 feet, 40 feet to either side
of the centerline. Construction shall be completed not later than one year from the date of this agreement.
Time is of the essence.
LICENSE AGREEMENT - Page 4