AMH Development LLC Ridenbaugh Canal Caven Ridge Estates West Sub 2 LA DATE: 30 APRIL 2020
TO: Sawtooth Law Offices, PLLC
FROM: NAMPA & MERIDIAN IRRIGATION DISTRICT
License, Easement, Project and/or Crossing Agreement(s)
Approved at Board Meeting of 21 April 2020
Crossing Agreement 16 pages
Nampa Highway District No. 1
East Powerline Drain
Instrument#2020-021833
License Agreement 5 pages
Intermountain Gas Company
Ten Mile Drain
Instrument#2020-047672
License Agreement 19 pages
AMH Development, LLC
Ridenbaugh Canal
Instrument#2020-047673
Agreement 10 pages
Meridian City
Ridenbaugh Canal
Instrument#2020-047674
ADA COUNTY RECORDER Phil McGrane 2020-047673
BOISE IDAHO Pgs=19 NIKOLA OLSON 04/24/2020 10:38 AM
NAMPA MERIDIAN iRRIG DIST NO FEE
11111111111111111111111111111111111111111111111111
00771837202000476730190192
LICENSE AGREEMENT a .
This LICENSE AGREEMENT, is made and entered into this_day of ,20
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,hereinafter referred to as the"District",and
AMH DEVELOPMENT,LLC,a Delaware limited liability company,
whose address is: 30601 Agoura Road, Suite 200,Agora Hills,CA 91301,
hereinafter referred to as the"Licensee",
VW-ITNFSSETH:
WHEREAS,the District owns the irrigation ditch or canal known as the RIDENBAUGH CANAL
(hereinafter referred to as"ditch or canal'),an integral part of the irrigation and drainage works and system
of the District,together with the easement therefor to convey irrigation and drainage water,to operate,clean,
maintain,and repair the ditch or canal,and to access the ditch ar canal for those purposes; and,
WHEREAS,the District operates,cleans,maintains,repairs and protects the ditch or canal for the
benefit of District landowners;and,
WHEREAS,the Licensee is the owner of real property that is servient to the District's ditch or canal
and easement, and is particularly described in the "Legal Description" and/or deeds attached hereto as
Exhibit A and by this reference made a part hereof;and,
WHEREAS, the ditch or canal crosses and intersects the real property described in Exhibit A as
shown on Exhibit B,attached hereto and by this reference made a part hereof,and,
WHEREAS, the Licensee desires a license to cross,encroach upon or modify said ditch or canal
and/or the District's easement under the terms and conditions of this License Agreement;
NOW,THEREFORE,for and in consideration of the premises and of the covenants,agreements and
conditions hereinafter set forth,the parties agree as follows:
A. Acknowledgment of the District's Easement.
1. Licensee acknowledges that the District's easement for the ditch or canal includes a
sufficient area of land to convey irrigation and drainage water,to operate,clean,maintain and repair the ditch
or canal,and to access the ditch or canal for said purposes,and is a minimum of 100 feet,50 feet to either
side of the centerline for the Ridenbaugh Canal.
LICENSE AGREEMENT- 1
B. Scope of License
I. The Licensee shall have the right to modify the ditch or canal or encroach upon the District's
easement along the ditch or canal in the manner described in the "Purpose of License" attached hereto as
Exhibit C and by this reference made a part hereof.
2. Any crossing,encroachment upon or modification of the ditch or canal and/or the District'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 License," and any plans or drawings referenced in or attached to
Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be permitted to cross,encroach upon
or modify the ditch or canal and/or the District's easement as described in Exhibit C even if any plans or
drawings referenced or attached to Exhibit D provide or show otherwise.
3. This License Agreement pertains only to the Licensee's crossing, encroachment upon or
modification of the ditch or canal and/or the District's easement for the purposes and in the manner described
herein. The Licensee 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 ditch or canal except as referred to in this License Agreement without the prior written
consent of the District.
4. The Licensee recognizes and acknowledges that the license granted this License 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 Licensee 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 Licensee from the holder of title to the property.
Should Licensee fail to obtain such rights from the holder oftitle to the property or should the rights obtained
prove legally ineffectual, Licensee shall hold harmless,indemnify and defend 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 License
Agreement shall be of no force and effect.
C. Facility Construction, Operation,Maintenance and Repair
1. Licensee agrees that the workperforined and the materials used in anyconstruction permitted
by this License Agreement shall at all times be subject to inspection 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 been expressly approved by the District. Such approval by the District shall not be unreasonably
withheld.
2. Each facility ("facility" as used in this License Agreement means any object or thing
installed by the Licensee on,over or in the vicinity of the District's easement)shall be constructed,installed,
operated,maintained,and repaired at all times by the Licensee at the cost and expense of the Licensee.
3. Licensee 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;
LICENSE AGREEMENT-2
b. an interruption or interference with the flow of irrigation or drainage water in the
ditch or canal 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 to access, operate, clean,
maintain,and repair the ditch or canal;
f. any other damage to the District's easement and irrigation or drainage works.
4. The Licensee agrees to indemnify,hold harmless, and defend the District from all claims
for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of
the circumstances enumerated in the preceding paragraph, 3.a. through 3.£, or any other damage to the
easement and irrigation or drainage works which may be caused by the construction,installation,operation,
maintenance,repair,and any use or condition of any facility.
S. The Licensee shall,upon demand ofthe District,remove any facility or repair any alteration
of the District's easement which interferes with the District's operation and maintenance of the ditch or canal,
or causes or contributes to any of the circumstances enumerated in the preceding paragraph,3.a.through 31,
or any other damage to the easement and or drainage works. The District shall give reasonable notice to the
Licensee,and shall allow the Licensee 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 District reserves the right to perform any and all work which the Licensee fails
or refuses to perform within a reasonable period of time after demand by the District. The Licensee agrees
to pay to the District, on demand, the costs which shall be reasonably expended by the District for such
purposes. Nothing in this paragraph shall create or support any claim of any kind by the Licensee or any
third party against the District for failure to exercise the options stated in this paragraph,and the Licensee
shall indemnify,hold harmless and defend the District from any claims made against the District arising out
of or relating to the terms of this paragraph,except for claims arising solely out of the negligence or fault of
the District.
D. District's Rights Are Paramount
1. The Licensee understands and agrees that the ditch or canal is a manmade channel that was
constructed and is used and maintained by the District for the exclusive purpose of conveying irrigation or
drainage water to lands within the District. As such,Licensee further acknowledges and agrees that the ditch
or canal does not constitute a natural or navigable watercourse or stream.
2. 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 License
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 contract shall
be at all times construed according to such principles.
3. Nothing herein contained shall be construed to impair the ditch or canal or the District's
easement, and aU construction and use of the District's easement by the Licensee and the license herein
provided therefor shall remain inferior and subservient to the rights of the District to the use of the ditch or
LICENSE AGREEMENT-3
canal for the transmission and delivery of irrigation or drainage water.
4. The Licensee 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 ditch or canal. The Licensee further agrees to suspend its use of the said
easement areas when the use of the easement areas is required by the District for maintenance or repair under
this or any other paragraph of this License Agreement.
5. In the event of the failure,refusal or neglect of the Licensee to comply with all of the terms
and conditions of this License Agreement, the license of the Licensee 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 of way therefor,which may impede or restrict the maintenance and operation of such ditch or
canal by the District with its equipment for the maintenance of the ditch or canal shall be promptly removed
by the Licensee upon demand of the District.
E. Applicable Law and Jurisdiction Unaffected.
1. Neither the terms of this License Agreement,the permission granted by the District to the
Licensee,the Licensee's activity which is the subject of this License Agreement,nor the parties exercise of
any rights or performance of any obligations of this License 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
canals,drains,irrigation or drainage works and facilities which did not apply to the District's operations and
activities prior to and without execution of this License 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 License Agreement or the Licensee's
activity authorized hereunder,Licensee 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 or, at the
option of the District,this License Agreement shall be of no force and effect and the Licensee shall cease
all activity and remove any facility authorized by this License Agreement.
F. Indemnification
1. In addition to all other indemnification provisions herein, Licensee further agrees to
indemnify,hold harmless and defend the District from any injury,damages,claim,lien,cost and/or expense
(including reasonable attorneys fees)incurred by,or asserted against,the District by reason of the negligent
acts or omissions of Licensee or its agents,contractors or subcontractors in performing the construction and
activities authorized by this License Agreement.
G. Fees and Costs
1. The Licensee agrees to pay reasonable attorney fees and engineering fees charged by the
attorney for the District or by the engineers for the District in connection with the negotiation and preparation
of this License Agreement.
LICENSE AGREEMENT-4
i
2. Should either party incur costs or attorney fees in connection with efforts to enforce the
provisions of this License Agreement,whether by institution of suit or not,the party rightfully enforcing or
rightfully resisting enforcement of the provisions of this License Agreement,or the prevailing party in case
suit is instituted,shall be entitled to reimbursement for its costs and reasonable attorney fees from the other
ply,
H. Miscellaneous
l. No Claims Created. Nothing in this License Agreement shall create or support a claim of
estoppel,waiver,prescription or adverse possession by the Licensee or any third party against the District.
2. Assignment. Neither this License Agreement nor any agreement entered pursuant to this
License 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 License Agreement
must be in writing and signed by all parties to be enforceable.
4. Interpreted. This License Agreement shall be interpreted and enforced in accordance with
the laws of the State of Idaho. This License Agreement is not intended for the benefit of any third party and
is not enforceable by any third party. If any provision of this License Agreement is determined by a court
of competent jurisdiction to be invalid or otherwise unenforceable,all remaining provisions of this License
Agreement shall remain in full force and effect. The parties represent and wan-ant to each other that they
each have authority to enter this License Agreement. The catchlines or section headings herein set forth are
provided only for the convenience of the parties in locating various provisions of this License Agreement,
and are not intended to be aids in interpretation of any provision of this License Agreement with respect to
which the parties might disagree at some future time,and shall not be considered in any way in interpreting
or construing any provision of the License Agreement.
5. Binding Effect. The covenants,conditions and agreements herein contained shall constitute
covenants to run with,and running with,the real property described in 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.
6. Notices. Any and all notices,demands, consents and approvals required pursuant to this
License Agreement shall be delivered to the parties as follows:
Nampa&Meridian Irrigation District See page 1 for Licensee
5525 East Greenhurst
Nampa,ID 83686
Notices shall be deemed to have been delivered upon hand deposit in the United States mail as
provided above.
LICENSE AGREEMENT- 5
7. Counterparts. This License Agreement maybe 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 WITNESS WHEREOF,the District has hereunto caused its name to be subscribed by its officers
first hereunto duly authorized by resolution of its Board of Directors and the Licensee has caused its name
to be subscribed,all as of the day and year herein first above written.
NAMPA&MERID GATION DISTRICT
By
Its President
ATTEST:
g
Its Secretary Ca 0 AL Z
Id
STATE OF IDAHO
ss:
County of canyon }
�Im
On this IL day of 1f 1� %before me,the undersigned, a Notary Public in
and for said State,personally appearcil and Daren Coon,known to me to be the President
and Secretary,respectively,ofNAMP � GATION 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
ELKE ADAMS Residing at N CXm&ct- , Idaho
COMMISSION #2018-1017 My Commission Expires: 6—4— ?p 2.-�
NOTARY PUBLIC
STATE OF IDAHO
LICENSE AGREEMENT-6
AMH DEVELOPMENT, LLC, a Delaware limited
liability company,
By:
STATE OF,�k }
}ss.
County of /�� �� A �
On this P�y of (Jr.�Q Iw Y 019,before me,the undersigned a not pub is in and
for said state,personally appeared �f` known to me to be the CG VejFi _e-& d I
of AMH DEVELOPMENT,LLC,the entity that executed the foregoing instrument,and acknowledged to i (•
me that said entity executed the same.
IN WITNESS WHEREOF,I have hereunto set my&Noblic
ffixed my officials ,the y and y
in this certificate first above written.
for
`'oo111111ti1l1/1ry Residing at , c�
� e�CCA t M My Commission xpires:
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LICENSE AGREEMENT- 7
J-ULB 1 U B COMPANIES ewerGROUP IRV.
J•U•B ENGINEERS,pie.
EXHIBIT"A"
CAVEN RIDGE ESTATES WEST SUBDIVISION No.2
BOUNDARY DESCRIPTION
That portion of the Northwest Quarter of Section 30,Township 3 North,Range 1 East, Boise Meridian,
City of Meridian,Ada County, Idaho,more particularly described as follows:
Commencing at the northwest section corner of Section 30,Township 3 North, Range 1 East,Boise
Meridian;Thence S00'25'44"W,410.86 feet along the west line of the northwest quarter of Section 30,
Thence 589034'16"E,70.00 feet to the intersection of the east right-of-way line of South Meridian Road
(Hwy 69)and the centerline of the Ridenbaugh Canal,and the southwest corner of Red Wing Subdivision
(Book 105 of Plats at Pages 14405 through 14409, records of Ada County, Idaho),the POINT OF
BEGINNING;
Thence S44'08'28"E,314.59 feet along the centerline of the Ridenbaugh Canal and the boundary of Red
Wing Subdivision;
Thence S57'31'52"E,69.47 feet along the centerline of the Ridenbaugh Canal and the boundary of Red
Wing Subdivision;
Thence S70'55'16"E,397.09 feet along the centerline of the Rldenbaugh Canal,and the boundary of Red
Wing Subdivision,to the most northerly corner of Caven Ridge Estates West Subdivision No.1
(Book 115 of Plats at Pages 17351 through 17357, records of Ada County,Idaho);
Thence S19°14'09"W, 165.23 feet along the westerly boundary of Caven Ridge Estates West Subdivision
No. 1;
Thence N70"45'51"W, 18.98 feet along the westerly boundary of Caven Ridge Estates West Subdivision
No. 1;
Thence S19"14'09"W, 183.20 feet along the westerly boundary of Caven Ridge Estates West Subdivision
No. 1 to the boundary of Parcel"TIC 5" (Special Warranty Deed Instrument No. 113100373 and
Warranty Deed Instrument No. 2016-120082, records of Ada County,Idaho);
Thence N63055'29"W,143.61 feet along the boundary of Parcel"TIC 5
Thence S18609'011'W,80.37 feet along the boundary of Parcel"TIC 5";
Thence S06'40'03"E,27.19 feet along the boundary of Parcel "TIC S";
Thence S86°4546"W, 130.96 feet along the boundary of Parcel"TIC 5";
Thence N76'21'04"W,50.81 feet along the boundary of Parcel"TIC 5";
Thence N86.01'49"W, 189.46 feet along the boundary of Parcel"TIC 5" �
to the east right-of-way line of South Meridian Road; c c�
Thence NO2'56'31"W,98.59 feet along said east right-of-way line; o
Thence N00'25'44"E,639.67 feet along said east right-of-way line
to the POINT OF BEGINNING. �a
o 4T Of
The above-described parcel contains 6.75 acres, more or less. I-C,
Robert L.Kazarinoff,PLS 01/22/2019
Page 1 of 1
a 2505.Beechwood Avenue Suite 201,Boise ID 83709 298-376-7330 v www.,ub.cam
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EXRMIT B
Location of Propertr/Ditch
See Exhibit D-1 attached hereto.
EXHIBIT C
Purpose of License
The purpose of this License Agreement is to permit Licensee to;
1. construct and install a 10 foot wide asphalt pathway within the District's easement for the
Ridenbaugh Canal;
2. in between the above-referenced pathway and the Ridenbaugh Canal,construct and install
a six-foot(6)chain link fence within the District's easement for the Ridenbaugh Canal;and
3. construct and install landscaping consisting of grass, sprinklers, small shrubs and class I
ornamental trees within the District's easement for the Ridenbaugh Canal (any trees and
shrubs must be located on the south side of the proposed pathway),
all within Licensee's real property described in Exhibit A,Caven Ridge Estates West Subdivision No. 2,
located southeast of the intersection of Victory Road and Meridian Road in Ada County,Idaho. No other
construction or activity is permitted within or affecting the Ridenbaugh Canal or the District's easement.
EXHIBIT D
Special Conditions
a. The construction described in Exhibit C shall be in performed in accordance the plans
attached hereto as Exhibit D-1 and by this reference incorporated herein.
b. Licensee shall notify the District's Superintendent prior to and immediately after
construction so that he or the District's engineers may inspect and approve the construction.
C. Licensee acknowledges and agrees that should the pathway, landscaping or other
encroachments need to be removed in order for the District to access, operate, maintain or repair the
Ridenbaugh Canal, it shall be Licensee's obligation and cost of removing or replacing the pathway,
landscaping and/or encroachments. Licensee further agrees that the District shall not be liable for any
damages which shall occur to the pathway,landscaping or other encroachments in the reasonable exercise
of the rights of the District in the course of performance of maintenance or repair of the Ridenbaugh Canal.
d. The pathway constructed by Licensee within the District's easement,and permitted by this
Agreement, shall be operated and maintained by the City of Meridian. An express condition of this
Agreement,and the District permitting said pathway within its easement,is that the City of Meridian enter
an Agreement with the District in which it assumes operation,control and maintenance of the pathway. If
the City of Meridian declines to accept the pathway and enter into said Agreement then said pathway is no
longer authorized within the District's easement.
e. Construction and installation of the pathway, Iandscaping and other encroachments shall
be completed within one year of the date of this Agreement. Time is of the essence.
LICENSE AGREEMENT- 8
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