TM Crossing Sub 4 License Agreement (Purdam Drain) BVASB Ten Mile Phase 2 DATE: 28 MAY 2020
TO: Sawtooth Law Offices, PLLC
FROM: NAMPA & MERIDIAN IRRIGATION DISTRICT
License, Easement, Project and/or Crossing Agreement(s)
Approved at Board Meeting of 05 and 19 May 2020
License Agreement 22 pages
• SCS Investments, LLC
Ten Mile Crossing, Inc.
PVASB Ten Mile Phase 2 Building LLC
PVASB Ten Mile Lasalle Building LLC
DWT Investments LLC
• • • • • Thomas W. Tomlinson Admin, Trust..,
Purdam Drain
Instrument#2020-058051
Agreement 8 pages
Meridian, City of
Purdam Drain
Instrument#2020-058052
Second Addendum to License Agreement 3 pages
Thueson Construction, Inc.
Purdam Drain
Instrument— NOT RECORDED
Addendum to License Agreement 7 pages
Lanco, Inc.
Joseph Drain
Instrument#2020-027718
License Agreement 5 pages
Nampa, City of
Joseph Drain
Instrument#2020-027719
r ADA COUNTY RECORDER Phil McGrane 2020-058051
BOISE IDAHO Pgs=22 NIKOLA OLSON 0511812020 08:59 AM
NAMPA MERIDIAN IRRIG DIST NO FEE
III III 1111111111111111111111111111111111111111111
00782588202000580510220224
LICENSE AGREEMENT
This LICENSE AGREEMENT, is made and entered into this f— day of YM 2020,
by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district biganized and
existing under and by virtue of the laws of the State of Idaho,hereinafter referred to as the"District",and
SCS INVESTMENTS LLC,an Idaho limited liability company,
Whose address is: 855 W.Broad Street, Ste.300,Boise,Idaho 83702,and
TEN MILE CROSSING,INC., an Idaho corporation,
Whose address is: 2929 W.Navigator Dr. Suite 400,Meridian, Idaho 83642,and
BVASB TEN MILE PHASE 2 BUILDING LLC,an Idaho limited liability company,
Whose address is: 901 Pier View Drive, Suite 200,Idaho Falls,Idaho 83402,and
BVASB TEN MILE LASALLE BUILDING LLC,an Idaho limited liability company,
Whose address is: 901 Pier View Drive, Suite 200, Idaho Falls, Idaho 83402,and
DWT INVESTMENTS LLC,an Idaho limited liability company,
Whose address is: 2929 W.Navigator Dr. Suite 400,Meridian,Idaho 83642, and
THOMAS W.TOMLINSON ADMINISTRATIVE TRUST UNDER THE
TOMLINSON FAMILY TRUST DATED 4/7/1982,
Whose address is: c/o Lindsay&Brownwell LLP,
4225 Executive Square, Suite 1150,La Jolla,CA 92307,
hereinafter collectively referred to as the"Licensee",
WITNESSETH:
WHEREAS, the District owns the irrigation/drainage ditches or drains known as the PURDAM
DRAIN(hereinafter referred to as"ditch or drain'),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 drain,and to access the ditch or drain for those purposes; and,
WHEREAS,the District operates,cleans,maintains,repairs and protects the ditch or drain 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 drain
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 drain 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,
LICENSE AGREEMENT- l
WHEREAS,the Licensee desires a license to cross, encroach upon or modify said ditch or drain
and/or the District's easement under the terms and conditions of this License Agreement;
NOW,TBEREFORE,for and in consideration ofthe 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 drain includes a
sufficient area of land to convey irrigation and drainage water,to operate,clean,maintain and repair the ditch
or drain,and to access the ditch or drain for said purposes,and is a minimum of 85 feet,35 feet to the right
and 50 feet to the left of the centerline looking downstream.
B. Scope of License
1. The Licensee shall have the right to modify the ditch or drain or encroach upon the District's
easement along the ditch or drain 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 drain 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 drain 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 ofthe ditch or drain 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
Iandscaping within the District's easement, nor perform any construction or activity within the District's
easement for the ditch or drain 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 of title 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
LICENSE AGREEMENT- 2
1. Licensee agrees that the workperformed and the materials used in any construction 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;
b. an interruption or interference with the flow of irrigation or drainage water in the
ditch or drain 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 drain;
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 31, 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.
5. The Licensee shall,upon demand of the District,remove any facility or repair any alteration
of the District's easement which interferes with the District's operation and maintenance ofthe ditch or drain,
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
l. The Licensee understands and agrees that the ditch or drain is a manmade channel that was
LICENSE AGREEMENT- 3
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 drain 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 drain or the District's
easement, and all 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
drain 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 drain. The Licensee further agrees to suspend its use of the said
easement areas when the use ofthe easement areas is required by the District for maintenance or repairunder
this or any other paragraph of this License Agreement.
S. 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
drain by the District with its equipment for the maintenance of the ditch or drain shall be promptly removed
by the Licensee upon demand of the District.
E. Applicable Law and Jurisdiction Unaffected.
I. 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.
LICENSE AGREEMENT-4
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 attorney's 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 forthe District in connection with the negotiation and preparation
of this License Agreement.
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
party-
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 warrant 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
LICENSE AGREEMENT- 5
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.
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 by its duly authorized officer/member,all as of the day and year herein first above written.
NAAD7 7& 27 ATION DISTRICT
By
Its President
ATTEST:
Its Secretary O"PF •
1C/gL o
STATE OF IDAHO
ss:
County of Canyon
w
On this day of ,2020,before me,the undersigned,a Notary Public in
and for said State,personally appeared Will Patterson 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 instrument and acknowledged to me that such irrigation district executed the same.
IN WITNESS WHEREOF,I have hereunto set y hand and affixed my official seal,the day
and year in this certificate first above written.
CHANE GRANT otary Public for Id
COMMISSION#63457 Residing at - , Idaho
NOTARY PUBLIC My Commission Expires:0211,- �l
STATE OF IDAHO
LICENSE AGREEMENT- 6
SCS INVESTMENTS LLC, an Idaho limited liability
company,
A461
Michael Hall,
STATE OF IDAHO }
}ss.
County of )
On this JL day of_ .1 t ,2024,before me,the unde igned,a notary ublic in and
for said state, personally appeared Michael Hall known to me to be re of SCS
INVESTMENTS LLC,the entity that executed the foregoing instrument,and acknowledged to me that said
entity executed the same.
IN WTPNES S WHEREOF,Ihave hereunto set my&dand xed my cial seal,the day and year
in this certificate first above written. �k
blic for
AMMDA MCCURRY Residing at
COMMISSION#29= My Commission Expires: 14YI S 7-45
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 04/16=W
LICENSE AGREEMENT- 7
TEN MILE CROSSING INC an Idaho corporation,
By: _
bawidW Turnbull,President
STATE OF IDAHO }
)ss.
County of--A-0 __)
On this day of (1 ,2020,before me,the undersigned,a notary public in and
for said state, personally appeared bavid W. Turnbull known to me to be the President of TEN MILE
CROSSING,INC.,the entity that executed the foregoing instrument,and acknowledged to me that said entity
executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my offic'al seal,the da d year
in this certificate first above written.
F4��NOTARY
No Public for
ISSION Residing at PUBLIC My Commission Expires:TE OF IDAHO
ON OWIIES 8411512=
LICENSE AGREEMENT- 8
BVASB TEN MILE PHASE 2 BUILDING LLC,an Idaho
limited liability company,
By its Executive Managers
By Management Services,Inc.,an Idaho corporation
By:
Cortney Liddiard,President
By Brighton Corporation, an Idaho corporation
By:
_ &
Robert L.ftdMps,President
STATE OF IDAHO )
)ss.
County of }
On this day of ,2020,before me,the undersigned,a notary public in and
for said state, personally appeared Cortney Liddiard !mown to me to be the President of Management
Services, Inc., the Executive Manager of BVASB TEN MILE PHASE 2 BUILDING LLC, the entity that
executed the foregoing instrument,and acknowledged to me that said 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
My Commission Expires:
STATE OF IDAHO )
)ss.
County of A )
On this ' .day of_ k ,2020,before me,the undersigned,a notary public in and
for said state, personally appeared Robert L. Phillips known to me to be the President of Brighten
Corporation, the Executive Manager of BVASB TEN MILE PHASE 2 BUILDING LLC, the entity that
executed the foregoing instrument, and acknowledged to me that said entity executed the same.
IN WITNESS WHEREOF,I have hereunto set my h ld and affixed my offs ial seal,the day and year
in this certificate first above written. k P
AM;_;_;
MCCURRY No Public for_
COMMISSION#29528 My Commission Expires:
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 04/15rz=
LICENSE AGREEMENT- 9
BVASB TEN MILE PHASE 2 BUILDING LLC,an Idaho
limited liability company,
By its Executive Managers
By Management S59ftes,Inc.,an Idaho corporation
By:
Co ey Liddiard, sident
By Brighton Corporation,an Idaho corporation
By:
v4 Robert L.Phillips,President
STATE OF IBr4PIE} )
)ss.
County of }col.;
On this _ day of_4p j ,2020,before me,the undersigned,a notary public in and
for said state, personally appeared Cortney Liddiard known to me to be the President of Management
Services, Inc., the Executive Manager of BVASB TEN MILE PHASE 2 BUILDING LLC, the entity that
executed the foregoing instrument,and acknowledged to me that said 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 P rblicfor
Luke Sind o�y P7073113My Co pires: -. a -
Commission Expires
July IS.2023
STATE OF IDAHO STATE OFUTAH
)ss.
County of _ _)
On this day of ,2020,before me,the undersigned,a notary public in and
for said state, personally appeared Robert L. Phillips known to me to be the President of Brighton
Corporation, the Executive Manager of BVASB TEN MILE PHASE 2 BUILDING LLC, the entity that
executed the foregoing instrument,and acknowledged to me that said 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 _
My Commission Expires:,_
LICENSE AGREEMENT- 9
BVASB TEN MILE LASALLE BUILDING LLC, an
Idaho limited liability company,
By its Executive Managers
By Management Services, Inc., an Idaho corporation
By:
Cortney Liddiard,President
By Brighton Corpwation, an Idaho corporation
By:
tK�-
RobVrf-Phill President
STATE OF IDAHO }
)ss.
County of )
On this day of ,2020,before me,the undersigned,a notary public in and
for said state, personally appeared Cortney Liddiard known to me to be the President of Management
Services,Inc.,the Executive Manager of BVASB TEN MILE LASALLE BUILDING LLC,the entity that
executed the foregoing instrument, and acknowledged to me that said entity executed the same.
IN WITNESS WHEREOF,I have hereunto set myhand and affixed my official seal,the day and year
in this certificate first above written.
Notary Public for
My Commission Expires:
STATE OF IDAHO )
)ss.
County of
On this V day of k 1 ,2020,before me,the undersigned,a notary public in and
for said state, personally appeared Robert L. Phillips known to me to be the President of Brighton
Corporation, the Executive Manager of BVASB TEN MILE LASALLE BUILDING LLC,the entity that
executed the foregoing instrument,and acknowledged to me that said entity executed the same.
IN WITNESS WHEREOF,I have hereunto set my haqd and affix my o seal,the day and ear
in thus certificate first above written. jo&k
Not Public for _
AWANDA MCCURRY My Commission Expires: IS Z 3
COMMIS&ON 1f2DM8
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION BMW 0411ti"n
LICENSE AGREEMENT- 10
BVASB TEN MILE LASALLE BUILDING LLC, an
Idaho limited liability company,
By its Executive Managers
By Management rvices, Inci, an Idaho co oration
By:
ortncy Liddiard,Pre ' enl
By Brighton Corporation, an Idaho corporation
By:
U to , Robert L. Phillips, President
STATE OF•IDAI10 )
)SS.
County of VAS 0 ��h
On this 1-3 day of �,2020,before me,the undersigned,a notarypublic in and
for said state, personally appeared Cortney Liddiard known to me to be the President of Management
Services,Inc.,the Executive Manager of BVASB TEN MILE LASALLE BUILDING LLC, the entity that
executed the foregoing instrument, and acknowledged to me that said 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 writte
NOTARY PUBLIC
Luke Stoddard `
707303 Notary Public for A
Commission Expires My Commission Expires: -1 - a
July 18.2023
STATE OF UTA H
STATE OF IDAI.10
)SS.
County of }
On this day of 2020,before me,the undersigned,a notarypublic in and
for said state, personally appeared Robert L. Phillips known to me to be the President of Brighton
Corporation, the Executive Manager of BVASB TEN MILE LASALLE BUILDING LLC, the entity that
executed the foregoing instrument, and acknowledged to me that said 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
My Commission Expires:_
LICENSE AGREEMENT- 10
DWT INVESTMENTS LLC, an Idaho limited liability
company,
By Brighton Co ration,an Idaho corporation,Manager
By:
Rob hillips,President
STATE OF IDAHO }
)ss.
County of_.&)LA- _}
On this day of Apr-1 ,2020,before me,the undersigned,a notary public in and
for said state, personally app6reh Robert L. Phillips known to me to be the President of Brighton
Corporation,the Manager of DWT INVESTMENTS LLC,the entity that executed the foregoing instrument,
and acknowledged to me that said entity executed the same.
IN WITNES S WHEREOF,I have hereunto set mMhanTand affix 1my offici seal,the day and year
in this certificate first above written.
—4 MI-4AMANDA MCCURRY Not Public for
COMMISSION#2BS28 My Commission Expires:_ l �3
NOTARY PUSUG
STATE OF IDAHO
FwCOMMISSION EXPIRES 04lf52M
- - - - - - - - - - - -
LICENSE AGREEMENT- 11
THOMAS W. TOMLINSON ADMINISTRATIVE
TRUST UNDER THE TOMLINSON FAMILY TRUST
DATED 4/7/1982,
d
By:
Mar W.Lindsay,C rustee
By:
Da d W.Turnbull,Co-Trustee
STATE OF IDAHO )
)ss.
County of... ��)
On this 0 ' day of 6 ,2020,before me,the undersigned,a notary public in and
for said state,pwsaaali appeared ark W.Lindsay known to me to be the Co-Trustee of the THOMAS W.
TOMLINSON ADMINISTRA E TRUST UNDER THE TOMLINSON FAMILY TRUST DATED
4/7/1982,the entity that executed a foregoing instrument,and acknowledged to me that said entity executed
the some. VIA Med CdVff k*- e
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year
in this certificate first above written.
009 MI N01 IAlOOAIN Not Publicfor
a I 31d My Commission Expires: r=..
Dnofid A N
IBMW NOISS AMANDA MCCURRY
STATL'' d F I p6t V COMMISSION#29528
-- - - -
NOTA
Y PUBUC
ps. STATEROF ID HO
County of 1 MY COMMISSION EXPIRES 041152 8
On this day of ,2020,before me,the undersigned,a notary public in and
for said state,personally appearek
d W. Turnbull known to me to be the Co-Trustee of the THOMAS
W.TOMLINSON ADMINISTRATIVE TRUST UNDER THE TOMLINSON FAMILY TRUST DATED
4/7/1982,the entity that executed the foregoing instrument,and acknowledged to me that said entity executed
the same.
IN WITNESS WHEREOF,I have hereunto set inyhand and affixed my i ' al,the day and year
in this certificate first above written.
No Publi cc for
AMANDA MC45 My Commission Expires: S'
COMMISSION�
NOTARY PUBLIC
STATE OF IDAHO
MY commISStON SIRES 041f'.Y=O
LICENSE AGREEMENT- 12
i �
9233 WEST STATE STREET BOISE, ID 83714 208.639.6939 FAX 208.639.6930
May 15,2019
Project No.18-160
Legal Description
Proposed
TM Crossing Subdivision No.4
A parcel of land situated in a portion of the East 1/2 of the Southwest 1/4 of Section 14,Township 3
North, Range 1 West,Boise Meridian,City of Meridian,Ada County, Idaho,and being more particularly
described as follows:
Commencing at a found aluminum cap marking the West Z/4 corner of said Section 14,which bears
N00°30'02"E a distance of 2,659.45 feet from a found aluminum cap marking the Southwest corner of
said Section 14,thence following the northerly line of said Southwest 1/4,589°11'30"E a distance of
2,161.16 feet to the Northeast corner of TM Crossing Subdivision (Book 112 of Plats, pages 16,327--
16,330, records of Ada County,Idaho)and being the POINT OF BEGINNING.
Thence following said northerly line,S89'11'30"E a distance of 371.72 feet;
Thence leaving said northerly line,S00'18'58"W a distance of 380.50 feet;
Thence S89'41'02"E a distance of 121.77 feet to the easterly line of the Southwest 1/4 of said Section
14;
Thence following said easterly line,S00"35'29"W a distance of 965.06 feet to a point on the northerly
right-of-way line of Interstate 84, being witnessed by a found 5/8-inch rebar which bears,N00°35'29"E a
distance of 84.08 feet;
Thence leaving said easterly line and following said northerly right-of-way line, N89'34'11"W a distance
of 396.68 feet to a found 5/8-inch rebar marking the Southeast corner of TM Crossing Subdivision No.2
(Book 113 of Plats,pages 16,733—16,735,records of Ada County, Idaho);
Thence leaving said northerly right-of-way line and following said TM Crossing Subdivision No.2
boundary line the following eight(8)courses:
1. N00044'32"E a distance of 84.17 feet,
2. N89'38'47"W a distance of 66.92 feet;
3. N00°48'19"E a distance of 390.85 feet;
4. S89°11'12"E a distance of 66.48 feet;
5. N00042'19"E a distance of 75.00 feet;
6. N89"11'12"W a distance of 66.62 feet;
7. N00"44'54"E a distance of 362.06 feet;
8. N89°11'30"W a distance of 36.02 feet to the easterly boundary line of said TM Crossing
Subdivision;
Thence leaving said TM Crossing Subdivision No.2 boundary line and following the easterly boundary
line of said TM Crossing Subdivision, N00048'18"E a distance of 435.56 feet to the POINT OF
BEGINNING.
ENGINEERS I SURVEYORS I PLANNERS
Exhibit: A, page Z
Said parcel contains 13.307 acres, more or less,and is subject to all existing easements and/or rights-of-way
of record or implied.
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PAGE ExhibA A, page 2
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Title: TM Crossing Subdivision No. 4 Date:06-27-2019
Scale: 1 inch=300 feet File:
Tract l: 13.307 Acres: 579650 Sq Feet:Closure=n43.5235w 0.00 Feet: Precision>1/999999: Perimeter=3819 Feet
001=s89.1130e 371.72 006=n00.4432e 84.17 01 l=n89.1112w 66.62
002=00.1858w 380.50 007=n89.3847w 66.92 012=00.4454e 362.06
003=s89.4102e 12I.77 008--n00.4819e 390.85 013=n89.1 I30w 36.02
004= 00.3529w 965.06 009=s89.1 112c 66A8 014-00.4818e 435.56
005=n89.341 lw 396.69 010=n00.4219e 75.00
Exhibit: A, page 3
EXHIBIT B
Location of Proper y/Drain
See Exhibit D-1 attached hereto.
EXRTBIT C
Purpose of License
The purpose of this License Agreement is to permit Licensee to;
1. construct and install grass landscaping and a pedestrian pathway on the north side of the
Purdam Drain and within the District's easement(Licensee shall also install a 10 foot wide
gravel access road for the District's use and access along the north side of the Purdam
Drain); and
3. discharge storm water from the proposed roadways,W.Navigator Drive and S.New Market
Avenue,into the Purdam Drain(this allows storm water only from these roadways and all
storm water from lots within this phase of Licensee's property and other phases of TM
Crossing must be retained on site and is not allowed to discharge to the District's Purdam
Drain),
all within Licensee's real property described in Exhibit A, TM Crossing No. 4, located northeast of the
intersection of Ten Mile Road and Interstate 84 in Meridian,Ada County,Idaho. No other construction or
activity is permitted within or affecting the Purdam Drain or the District's easement.
EXHIBIT D
Special Conditions
a. The construction described in Exhibit C shall be in performed in accordance with certain
plans attached hereto as Exhibit D-1 and incorporated herein by this reference.
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 shall be responsible and shall ensure that any drains or pipes which discharge
water into the District's drain do not cause any erosion or subsidence of soil within the drain. The Licensee
agrees that the District shall not be liable for any damages which shall occur to the drain pipes or any other
improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of
the District in the reasonable exercise of the rights of the District in the course of performance of
maintenance or repair of said drain or ditch.
d. 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 Purdam
Drain,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 Purdam Drain.
LICENSE AGREEMENT- 13
e. 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.
f. Licensee represents that Licensee has complied with all federal,state or other laws, rules,
regulations,directives or other requirements in any form regarding environmental matters,and specifically
those relating to pollution control and water quality, as may be applicable under the subject matter, terms
orperformance ofthis agreement broadly construed. Licensee recognizes its continuing duty to comply with
all such requirements that now exist or that may be implemented or imposed in the future. By executing this
agreement the District assumes no responsibility or liability for any impact upon or degradation of water
quality or the environment resulting from the discharge or other activity by Licensee which is the subject of
this agreement.
g. Licensee hereby indemnifies,holds harmless and shall defend the District from any and all
penalties, sanctions, directives,claims or any action taken or requirement imposed by any party or entity,
public or private,with respect to environmental matters relating to the subject matter,terms or performance
of this agreement unless the District shall be solely responsible for the condition or activity which gives rise
to any such penalty,sanction,directive,claim, action or requirement.
h. In the event the District is required by any governmental authority to acquire or comply with
any permit or other operational requirements associated with Licensee's discharge and other activity which
is the subject of this agreement, Licensee shall indemnify,hold harmless and defend the District form all
costs and liabilities associated with such permit and other requirements,including but not limited to all costs
associated with all permit acquisition,construction,monitoring,treatment,administrative,filing and other
requirements.
i. The parties to this agreement recognize this license agreement is an accommodation to
Licensee. The District by this agreement does not assume,create,or exercise legal or other authority,either
express or implied,to regulate control,or prohibit the discharge or contribution of pollutants or contaminants
to the District's facilities or to any groundwater,waters of the State of Idaho or the United States, or any
other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental
environmental agencies.
j. Construction shall be completed within one year of the date of this Agreement. Time is of
the essence.
LICENSE AGREEMENT- 14
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