Open Door Rentals LLC Ten Mile Drain The Ten Mile Lateral Bridge at The Villas at Twelve Oaks LA DATE: 24 NOVEMBER 2020
TO: Sawtooth Law Offices, PLLC
FROM: NAMPA & MERIDIAN IRRIGATION DISTRICT
License, Easement, Project and/or Crossing Agreement(s)
Approved at Board Meeting of 20 October 2020, 5 and 17 November 2020
License Agreement 6 pages
Intermountain Gas Company
Farmers Lateral
Instrument#2020-152497
Crossing Agreement 14 pages
Nampa Highway District No_ 1
Fieselman Lateral
Instrument#2020-066388
License Agreement 17 pages
Open Door Rentals, LLC
Ten Mile Drain
Instrument#2020-159169
License Agreement 12 pages
Meridian, City of
Ten Mile Drain
Instrument#2020-159170
License Agreement 27 pages
SCS Brighton II LLC and
SCS Investments LLC
Von Lateral
Instrument#2020-159171
Quit Claim Deed 5 pages
SCS Brighton II LLC and
SCS Investments LLC
Von Lateral
Instrument#2020-159172
Grant of Easement 17 pages
SCS Brighton II LLC and
SCS Investments LLC
Von Lateral
Instrument#2020-159173
Quit Claim Deed 5 pages
SCS Brighton II LLC and
SCS Investments LLC
Von Lateral
Instrument#2020-159174
ADA COUNTY RECORDER Phil McGrane 2020-159169
BOISE IDAHO Pgs=17 NIKOLA OLSON 11119/2020 03:06 PM
5
NAMPA MERIDIAN IRRIG DIST NO FEE
1111111111 I III I 1111111111111111111111111 IIII I I III
00886863202001691690170174
LICENSE AGREEMENT
This LICENSE AGREEMENT, is made and entered into this_a__day of 2020,
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
OPEN DOOR RENTALS, LLC,an Idaho limited liability company,
whose address is: 1977 E. Overland Road, Meridian, ID 83642,
hereinafter referred to as the"Licensee",
WITIVESSETH-
WHEREAS, the District owns the drainage ditch or drain known as the TEN MILE DRAIN,
(hereinafter sometimes referred to as"ditch or drain"),an integral part of the irrigation and drainage works
and system of the District,together with the easement and/or fee title property 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(in some locations along this portion of the Ten Mile Drain the District owns real property
in fee title); 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 fee title property and/or easement,and is particularly described in the"Legal Description"and/or deed
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,
WHEREAS, the Licensee desires a license to cross,encroach upon or modify said ditch or drain
and/or the District's fee title property and/or 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 Property/Easement.
1. In the locations referenced herein and where Licensee proposes construction, the District
owns fee title to a portion of the real property along and adjacent to the Ten Mile Drain. To the extent the
District does not own the property in fee, Licensee acknowledges that the District's easement for the Ten
Mile Drain includes a sufficient area of Iand 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
LICENSE AGREEMENT- 1
of 100 feet, 50 feet on either side of the centerline of the ditch or drain facing downstream.
B. Scope of License
l. The Licensee shall have the right to modify the ditch or drain or encroach upon the District's
property;`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 propertyieasement 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 drain and/or the District's property/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 property..'easement,nor perform any construction or activity within the
District's propertyieasement for the ditch or drain except as referred to in this License Agreement without
the prior written consent of the District.
4. With respect to the District's ownership of an easement for the ditch or drain, 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
l. Licensee agrees that the work performed 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 propertyieasement)shall be constructed,
installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the
Licensee.
LICENSE AGREEMENT - 2
3. Licensee agrees to construct,install,operate,maintain and repair each facility and conduct
its activities within or affecting the District's propertyieasement 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 propertyieasement;
e. an interference with the District's use of its property.easement to access,operate,
clean, maintain,and repair the ditch or drain; and
f. any other damage to the District's propertyieasement 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
property/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 property 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 3.f.,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 drain 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 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.
LICENSE AGREEMENT- 3
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 property/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
property/easement when the use of the property/easement 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
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.
l. 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
drains,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
I. 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
LICENSE AGREEMENT- 4
I. The Licensee agrees to pay 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.
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
1. 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
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
LICENSE AGREEMENT- 5
Notices shall be deemed to have been delivered upon hand deposit in the United States mail as
provided above.
7. Counterparts. This License Agreement may be 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& RID ION DISTRICT
By
Its President
;ATTEST:
etary
STATE OF IDAHO d 9( 0
2 �
) ss:
County of Canyon
On this day of ,2020, 5 r e,the d rsigned,a Notary Public in
and for said State,personally appeared Will Patterson and ; Cnown lo 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 y hand and affixed my official seal,the day
and year in this certificate first above written.
otary Public f ho
Residing at , Idaho
CHANE9 GRANT My Commission Expires:.99, # Yi 11 a'0'a{u
COMMISSION #63457
NOTARY PUBLIC
STATE OF IDAHO
LICENSE AGREEMENT- 6
OPEN DOOR REN 1,S, 1_L ',an Idaho imited liability
com
By-
STATE OF IDAHO }
�} }ss.
County of atlk }
On this_Ct__day of ,2020,before me,the undersigned,a notary public in and
for said state,personally appeared pv+ _eavklu, known to me to be the i��uur r
of OPEN DOOR RENTALS, LLC, the entity chat executed the foregoing instrument,and acknowledged to
me that said entity executed the same.
IN WITNESS WHEREOF,I have hereunto set iy hand a d a fixed my official seal,the day and year
in this certificate first above written.
otary Public for SA-c0,C_o��&LLo
Residing at l�,.f�� ,� , ptk,
My Commission Expires: 1 l�lZZ
p�p,ItYPIi�p`'Ilk
Afy COMA
ON
S 7-1& 22
i •dl9�
LICENSE AGREEMENT- 7
ADA COUNTY RECORDER Phil MaGrane 2019-091472
BOISE IDAHO Pgs=2 LISA BATT 09/2512019 11.16 AM
TITLEONE BOISE S15 00
RECORDING
0
Title One
a CRIC a escrow Co.
File#19344334
Quitclaim Deed
For value received,Corey D.Barton,a married man,as his sole and separate property
Does hereby convey,release,remise,and forever quit claim unto
Open Door Rentals,LLC,an Idaho limited liability company,
whose current address is 1977 E.Overland Rd.Meridian,ID 83642,
the following described premises:
Lot 2 in Block 1 of Twelve Oaks Subdivision,according to the official plat thereof,filed in Book 108 of Plats at Pages
15179 through 15181,official records of Ada County,Idaho.
.
Remainder of this page intentionally left blank.
Quitclaim Deed-Page 1 of 2
Exhibit A, page 1
ACCOMMODATION
RECORDING
TitleOne
7 11l1c &cacrow en.
File#19344334
Quitclaim Deed
For value received,Corey D.Barton,a married man,as his sole and separate property
Does hereby convey,release,remise,and forever quit claim unto
Open Door Rentals,LLC,an Idaho limited liability company,
whose current address is 1977 E.Overland Rd.Meridian,ID 83642,
the following described premises:
Lot 2 in Block 1 of Twelve Oaks Subdivision,according to the official plat thereof,filed in Book 108 of Plats at Pages
15179 through 15181,official records of Ada County,Idaho.
To have and to hold the said premises,unto the said grantees,heirs and assigns forever.
Remainder of this page intentionally left blank.
Quitclaim Deed-Page 1 of 2
Exhibit A, page 2
Date:09/23/2019
Corey D. Barton
State of Idaho'
County of Ada,ss.
On this a5 day of September in the year of 2019,before me,the undersigned,a Notary Public in and for said
State,personally appeared Corey D.Barton known or identified to me to be the person whose name is subscribed to
the within instrument and ackn edged to me that he executed the same.
•••'••nr urr+r$*,
�,,••�pDIE !p ••,,�
Notary P} blic '- �p
Residir(g at: .-�.,�,�+;tiri nrlariritan,ID ? NOT�Rr Z
My Commission F�c�" �on •��2Q121 �V13
(seal) 'n f(•1 L!C
`•.,+r of ID�''GG•'.•.
+ru r e+t+�•
Qultdaim Deed-page 2 of 2
Exhibit A, page 3
EXHIBIT B
Location of Prope , /Drain
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 new bridge structure for a edestrian pathway measuring forty feet
(40')long by ten feet(I0')wide over the Ten MileI % and within the District's fee title
property and/or easement for the Ten Mile Drain; and
2. construct and install pedestrian pathway on each side of the above-referenced bridge, and
over the bridge, within the District's fee title property and/or easement for the Ten Mile
Drain,
all within or near Licensee's real property described in Exhibit A, The Villas at Twelve Oaks, located
southwest of the intersection of Franklin Road and Linder Road in Meridian, Ada County, Idaho (the
bridge/pathway in being constructed by Licensee on the Villas at Twelve Oaks, across the District's
property/easement pursuant to this License Agreement and then onto the Whitestone Estates Subdivision to
the south). No other construction or activity is permitted within or affecting the Ten Mile Drain or the
District's property/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 by this reference incorporated herein.
b. Licensee shall notify the District prior to and immediately after construction so that he or
the District's engineer's may inspect and approve the construction.
C. Licensee acknowledges and agrees that should the pathway,bridge or other encroachments
need to be removed in order for the District to access,operate,maintain or repair the Ten Mile Drain,it shall
be Licensee's obligation and cost of removing or replacing the pathway, bridge and/or encroachments.
Licensee further agrees that the District shall not be liable for any damages which shall occur to the pathway,
bridge or other encroachments in the reasonable exercise of the rights of the District in the course of
performance of maintenance or repair of the Ten Mile Drain.
d. The pathway constructed by Licensee within the District's easement/fee title property,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/property,is that
the City of Meridian enter an Agreement with the District in which it assumes operation, control and
LICENSE AGREEMENT- 8
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/property.
e. 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
or performance of this 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.
f. 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.
g. 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.
h. 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.
i. Construction shall be completed within one year of the date of this Agreement. Time is of
the essence.
LICENSE AGREEMENT- 9
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