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License Agmt for Bear Creek 8 (2)1800 W. Overland Road Boise, Idaho 83705 (208) 3449700 - Voice (208) 345-2950 - Fax BEI-IdahoQa msn.00m Emor; TO: Will Berg From Stan L McHutchison 4 CC: Kent Brown, Greg Johnson Date: 2/10/2005 Re: BearcreeK fib 30306 DECEIVED FEB 11 2005 City Of Meridian City Clerk Office Enclosed for signature by the city are two copies of the license agreements for the pathway through Bear,Creek #8 Subdivision. Please have these signed and notafized by the city and return them to me or Bryce Farris at Ringert Clark, Charted Lawyers (NMID legal counsel). Also, please don't date the first page of the agreement. NMID will do this when they sign it. Please call me if you have any questions Thanks, Stan 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 accomplishthe following in a mannerthat 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 ]mown as RIDENBAUGH CANAL (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 construction to pave a pathway within the District's easement for the Ridenbaugh Canal 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 ofthe pathway on the south west side of the Ridenbaugh Canal, within the District's easement for said drain, located within the Bear Creek Subdivision No. 8, north east of the intersection of Stoddard Road and Victory Road, Meridian, 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. The permitted hours of use of the pathway shall be from a.m, until in. 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 0 ATTEST: Its Secretary LICENSE AGREEMENT - Page 2 Its President THE CITY OF MERIDIAN By 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, !mown 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 WITNES S 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 WITNES S 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 South East 1/4, Section 24, Township 3 North, Range 1 West, B.M., Meridian, Ada County, EXHIBIT C Special Conditions a. Construction of the pathway shall be in accordance with certain plans consisting of one sheet entitled "Bear Creek Subdivision No. 8, Asphalt Path & Bridge Extension - License Agreement, sheet 1 of 1", bearing engineers stamp dated January 6, 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 Ridenbaugh Canal is 100 feet, 50 feet to eigher 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 I i'l l: