Loading...
2 - Union 93 - Nampa Meridian Irrigation License Agreement & AddenADA COUNTY RECORDER Ph -I McGrane BOISE IDAHO P95=13 NIKDLA OLSON 20"0 NAMPA MERIDIAN IRRIG DIST D2108l2021 p9:51M 51 AAM NO FEE 111111IIIlllllllllllllllilllll illllllllllllllllll 00932007202100206660130138 LICENSE AGREEMENT This LICENSE AGREEMENT, is made and entered into this _Z` day of , 2021, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district orgadized and existing under and by virtue of the laws of the State of Idaho, hereinafter referred to as the "District", and EAST BROADWAY INVESTMENT COMPANY, LLC, an Idaho limited liability company, Whose address is: 999 W. Main Street, Ste. 1400, Boise, ID 83702, hereinafter referred to as the "Licensee", WITNESEETH: WHEREAS, the District owns the irrigation/drainage ditch or canal known as the HUNTER LATERAL (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 or 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 near 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 of40 feet, 20 feet to either side of the centerline. LICENSE AGREEMENT - 1 B. Scope of License 1. 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 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 1. 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 ofthe 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. 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 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 l . 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 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 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 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. 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 for the District in connection with the negotiation and preparation of this License Agreement. LICENSE AGREEMENT - 4 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 Notices shall be deemed to have been delivered upon hand deposit in the United States mail as provided above. LICENSE AGREEMENT - 5 7. Counte[Rarts. 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 & MERIDLAN IRRIGATION DIS RICT By r A; Its President A T rrn�r_ STATE OF IDAHO ) ) ss: County of Canyon ) On this r day of Vvjrjm XMM , 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared Clinton . Pline and Michael Comeskey, 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 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 _ UL rr , Idaho COMMISSION #2018-1017 My Commission Expires: 20Z - NOTARY PUBLIC STATE OF IDAHO LICENSE AGREEMENT - 6 EAST BROADWAY INVESTMENT COMPANY, LLC, an Idaho limited liability company, By: GO QOZ Boise LLC Its: Sole Member By: Its: STATE OF IDAHO ) )ss. County of A ac, President On this 2Y41`day of J 0.Nv wr , 2021, before me, the undersigned, a notary public in and for said state, personally appeared William Truax known to me to be the President of Galena Opportunity, Inc., the Manager of GO QOZ Boise LLC, the Sole Member of EAST BROADWAY INVESTMENT COMPANY, 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. 2 '1111�AN'+ho•4 No Public for _ _ C • ��• �Q` �w•.�•r j �i Resi ing at Adp� t:, ✓ %N�'� ►).1.AR Y 1 C = My Commission Expires: �Jtej _ :�: pUtiL.►C�: c .o • ••'•`Pl'•• '%::� V. LICENSE AGREEMENT - 7 Sawtooth Land Surveying, LLC " P: (208) 398 8104 F: (205) 398-8105 2030 5. Washington Ave., Emmett, ID 83617 Parcel D Description A parcel of land located in Government Lot 3 and in the NE114 SWi14 of Section 7, T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho more particularly described as follows; COMMENCING at a 518" rebar with an illegible cap marking the intersection of E. 3rd Street and E. Broadway Avenue; Thence S. 01 021'54" W., coincident with the centerline of said E. 3rd Street, a distance of 40.00 feet; Thence N. 88°42'22" W., a distance of 40.00 feet to a 518" rebar with cap PLS 11574 on the west right of way of said E. 3rd Street and the POINT OF BEGINNING; Thence S. 0102V54" W., coincident with said west right of way of E. 3rd Street, a distance of 362.27 feet to a 518" rebar with cap PLS 11574 on the northerly right of way of the Union Pacific Railroad; Thence N. 88'30'19" W., coincident with said northerly right of way of the Union Pacific Railroad, a distance of 194.00 feet to a 1/2" rebar with cap PLS 11574; Thence N. 01 021'54" E., parallel with said centerline of E. 3rd Street, a distance of 361.59 feet to a 112" rebar with cap PLS 11574 on the southerly right of way of said E. Broadway Avenue; Thence S. 88"42'22" E., coincident with said southerly right of way of E. Broadway Avenue, a distance of 194.00 feet to the POINT OF BEGINNING. Said parcel contains 1.612 acres more or less. 11574 �4r/f*llz� �o FOF%D BEAD% EXHIBIT A, Pg. 1 P12019119297-MERIDIAN ALTA BILL TRUAXISurvey\Drawings\DescriptionslPARCEL D DESCRIPTION.docx EXHIBIT B Location of Property/Canal See Exhibit D-1 attached hereto. EXHIBIT C Pu ose of License The purpose of this License Agreement is to permit Licensee to: 1. replace the existing road crossing for NE 3rd Street and pipe approximately 12' of the upstream channel of the Hunter Lateral with 48" Class N RCP, including a concrete headwall and rip rap; 2. pipe approximately 153' of the Hunter Lateral downstream of the above -referenced crossing in Class 100 HDPE pipe, including reconstruction of associated deliveries and spillway in this project; 3. replace and lower the existing 8" water main, installed in a 12" sleeve, to cross under the Hunter Lateral and within the District's easement (the water main and sleeve will be lowered to be a minimum of 3' below the pipe for the Hunter Lateral at NE 3' Street); and 4. replace the existing roadway improvements for NE 3'd Street over the replaced pipe for the Hunter Lateral and within the District's easement, all within Licensee's real property described in Exhibit A, known as Union 93/Meridian Station, located southwest of the intersection of NE 3' Street and E. Broadway Avenue in Meridian, Ada County, Idaho. No other construction or activity is permitted within or affecting the Hunter Lateral or the District's easement. Licensee specifically acknowledges that this License Agreement only addresses the piping of the Hunter Lateral and roadway improvements referenced above and any future encroachments proposed within the District's easement will need to be reviewed and approved, in writing, by the District. 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. The piping, installation, backfill and compaction shall, at a minimum, meet the requirements of the District and standard specifications for such materials and construction, as set forth in the Idaho standards for public works construction or other standards recognized by the city or county in which the piping for the Hunter Lateral is to be placed. d. Licensee shall be responsible for repair and maintenance associated with the Hunter Lateral piped by Licensee as part of this License Agreement, including rehabilitation or replacement of the pipe. Maintenance and repairs shall include, but not be limited to, all repairs necessary to preserve the structural LICENSE AGREEMENT - 8 integrity of the ditch or canal and its banks and unobstructed flow of water through such portion of the ditch or canal within the Licensee's property and prevent the loss of water from the portion of the ditch or canal within the Licensee's property. If the Licensee shall fail in any respect to properly maintain and repair such portion of the ditch or canal, then the District, at its option, and without impairing or in anyway affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to Licensee's obligation to maintain and repair the ditch or canal as provided in this paragraph except for claims arising solely out of the negligence or fault of the District. e. Piping of the Hunter Lateral, including the headwall, rip rap, deliveries and spillway and anything affecting the channel of the Hunter Lateral shall be completed prior to March 15, 2021. All other construction shall be completed within one year of the date of this License Agreement. Time is of the essence. LICENSE AGREEMENT - 9 • C■fiq■■ ■Ofl as /¢ .nn 4C. ■/ ./■u.or / e< rvon v as // w./ 4K an �diG at ■mN/t■P tl b tit/■/! P R WORT .m/w 0•� wm■ ins tl hl R .s�/ ue / R`L� �M/Rm, 15 IN R to K no From R,, �1 Gz N f N■ N M M f •■ M ■ • ♦ Y • N I! 1p9 Ia I�g� a #r ## # II r 1111r ■if 6Ir rM �1 " " * �� R • IN a :" I $ H s##I# # I,' B I a �� I• I ea'�r " Ir >I, rid � � i� E � .�. �le ��� � � � �� ! i � '� � "t �. e . � it •� Its i�� r ' 1 � � � � " � � >:a I � ik Ca r�• � .a � �� #1 i li � 1 9 r ■ � °�'� I � � � � �� ;� 1� •� "� �` � I� �I�a� #�#"# �� � e` �61 �; ��a� � �r #1;I � � li��r I ��° jra��# 1 r � �� � � i! � ! � � ■ �� e 99 i r � II � � •�� �� � i�� ,e I `i�i �" i e� :� 1�i �� "•�x # E a '=If "= :i � Ii �� a ! � ! � �� � � �� � ��r I", ��EI# r ii � •II r � �� �1 � #; � � I� �� �# � � g E �I � �a� �: ,1! is � � 1 • , #� 1 i UNION 93 / MERIDIAN STATIONIs=T�- � E EAOADWAY AVE/NE 3RD STREET, MERIDIAN, 0 O HUNTER LATERAL RELOCATION =; .rc nmK-■r w■w IA.'w"•/°I Tiii: "'"' EXHIBIT D-1, PG. 1 • uwarr Yb dt ,R ww/ YG M .arWr a M � r ew � a+w� YG w Boa et w rmrigr a ry M1Y[O p a� eMbn wnen m� R IY �PwYM V dl IRt R{ 44C � APiI NYYI�IG 3 ita t is " .R UNION 93 / MERIDIAN STATION .' �, Ow elTl�- �% i wortKO T_ E BROADWAY AVEME 3RD STREET. MEREDIAN. ID ` ,er,nurm S ...r � IRRIGATION DETAILS EXHIBIT D-1, PG. 2 y • em�•n rr ea N m .� � ram....[ .nwnr a a• •n � v< .., .o.wrs r e, s ear•r w tr• ••nwr. a n rao,a .men u++ri �� .a.rwr as m s+n �c a f,a,�..�Waw a jf 51. W f, 4, if e I I a�i I a NO • t 's 19� i• r_ y f • wr S �WC� • M •! + .r. a � Qfi� OIV•L W }a�k UNION 93 / MERIDIAN STATION gtret r g WORKss pp 4 t E BROADWAY AVE/NE 3RD STREET, MERIDIAN, ID : a n n n n ••r'�"" • 5� (V �; mac RRIGAMON DETAILS ICON) ,,r._.w,,•„ L •r iW.K•��M d•II MFMi• EXHIBIT D-9 , PG. 3 ADA COUNTY RECORDER Phi! MrGrane 1301SE IDAHO Pgs=7 NIKOLA OLSON 2029-080994 NAMPA MERIDIAN IRRIG DIST 05/2412021 09:55 AM IIIIIIIIIIIIIIIIIIIII[1II1111IIIINO FEEIIIII Illllllll 00996816202100809940070078 ADDENDUM TO LICENSE AGREEMENT ADDENDUM TO LICENSE AGREEMENT, made and entered into this J 19day of inn , 2021, 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 (District), and EAST BROADWAY INVESTMENT COMPANY, LLC, an Idaho limited liability company, whose address is: 999 W. Main Street, Ste. 1400, Boise, ID 83702 (referred to as "Licensee"), is made with reference to the following facts: The District and Licensee entered into a certain License Agreement dated February 2, 2021, recorded as Instrument No. 2021-020656, Records of Ada County, Idaho. The purpose of the License Agreement is to permit Licensee to: 1) replace the existing road crossing for NE 3' Street and pipe approximately 12' of the upstream channel ofthe Hunter Lateral with 48" Class IV RCP, including a concrete headwall and rip rap; 2) pipe approximately 153' ofthe Hunter Lateral downstream ofthe above -referenced crossing in Class 100 HDPE pipe, including reconstruction of associated deliveries and spillway in this project; 3) replace and lower the existing 8" water main, installed in a 12" sleeve, to cross under the Hunter Lateral and within the District's easement (the water main and sleeve will be lowered to be a minimum of Y below the pipe for the Hunter Lateral at NE 3' Street); and 4) replace the existing roadway improvements for NE 3'd Street over the replaced pipe for the Hunter Lateral and within the District's easement, all within Licensee's real property described in Exhibit A, known as Union 93/Meridian Station, located southwest ofthe intersection ofNE 3' Street and E. Broadway Avenue in Meridian, Ada County, Idaho. Licensee now represents to the District that Licensee desires to modify and amend said License Agreement to permit modify and revise the plans referenced in said License Agreement as Exhibit D-1 and to replace said plans with the plans attached to this Addendum as Exhibit I and to modify Exhibit D, paragraph e. to extend the date of completion date for the piping and construction authorized by said License Agreement. Execution of this addendum in accordance with these facts will affect or change the terms of said License Agreement. NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth and those set forth in the License Agreement referred to above naming the parties hereto as parties, the parties agree as follows: Exhibit D, paragraph a, and the plans attached thereto as Exhibit D-1, are hereby amended, modified and replaced with the plans attached hereto as Exhibit I and by this reference incorporated herein. Construction authorized in Exhibit C of said License Agreement shall be in accordance with the plans ADDENDUM TO LICENSE AGREEMENT - PAGE I attached to this Addendum as Exhibit 1. The changes in the plans include changing the type of pipe under NE 3' Street from Class IV to PVC pipe and changing the size and grade of the downstream pipe to 43" Class 100 HDPE pipe instead of 48" pipe. 2. Exhibit D, paragraph e. of said License Agreement is hereby amended to permit and approve Licensee to complete the piping and construction authorized in said License Agreement prior to the beginning of the 2022 irrigation season. Accordingly, Exhibit D, paragraph e. is modified and amended to provide that the construction authorized by said License Agreement and this Addendum shall be completed during the non -irrigation season and shall not commence prior to Oct 15, 2021 and shall be completed prior to March 15, 2022. Time is of the essence. 3. 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. 4. Said License Agreement is hereby affirmed and shall remain in full force and effect except as modified by this Addendum. Licensee acknowledges and agrees that it is bound by the covenants, conditions and agreements contained in said License Agreement. 5. The Licensee agrees to pay reasonable attorney fees and recording fees for preparation and recording of this Addendum. The covenants, conditions and agreements contained herein and in said License Agreement shall constitute covenants to run with, and running with, all of the lands of Licensee described in Exhibit A of said License Agreement, 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 and Licensee have hereunto caused their names to be subscribed as of the day and year herein first above written. NAMPA & ME LAN MRIGATION DISTRICT By Its President ADDENDUM TO LICENSE AGREEMENT - PAGE 2 ss: County of Canyon On this 1$ day of Mojx , 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared Clinto C. Pline and Michael Comeskey, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. s �,,�<<"""•+•.,,+ •��.•`P(',EM• $ 0 1.,� • Notary Public for Idaho Residing at A1nmp0. Idaho .� y •.• ti •, tyoTARY ;• My Commission p s: 09 Aj nZ[ = i ewe� t1BL1G�,:. of OF ADDENDUM TO LICENSE AGREEMENT - PAGE 3 EAST BROADWAY INVESTMENT COMPANY, LLC, an Idaho limited liability company, By: GO QOZ Boise LLC Its: Sole Member By: Galena C Its: Manager By:_ STATE OF IDAHO ) }ss. County of ?CCOC On this Mlbk day of , 2021, before me, the undersigned, a notary public in and for said state, personally appeared Willaim Truax known to me to be the President of Galena Opportunity, Inc., the Manager of GO QOZ Boise LLC, the Sole Member of EAST BROADWAY INVESTMENT COMPANY, 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 fi-st above written. Notary Public for t DAr0-0 Residing at 44iA- _W t.+-tAMA, Ar &e, tD My Commission Expires:p�-� «� '•..._ OF iD. ADDENDUM TO LICENSE AGREEMENT - PAGE 4 • ao...un mm as m[ pws ,.- n...�- a na r,vonr n w +,c .ww �c .�,. wwmucm� .on[, a �munoti n n.s wa,.aywr ar of rinds .nwr [ar[n .wno, ia.n+a� n na art .n.s m a s+ant. wnn,rra A NE IRD SIREET ,i' UNION 93 /MERIDIAN STATION E BROADWAY AVE/NE 3RD STREET, MERIDIAN, ID HUNTER LATERAL RELOCATION Exhibit 1, page 1 • [an•cn soso at rrc .•.s uc na +emrwn a nn nrvnrl v w 1m .a..s ue .a, gwaooucla� anrss. wr ,mc.v, v Ma wa+•r+ar a rs m�rnn .man n.•m a+mr+ R••ns•w v cr,s Inc .ar.s uc a sr.cl.. •.o.lrn 1pJill 8sXj•air lq +EiI; i.yaot#fs� � Ee -- x I X. a �� ���� ar•sai-..� 8� f 1 i 3 a �x sa4 � 4 s6 x �g I< �j t Ilq �S e s V gFis g F �UNION 93 / MERIDIAN STATION ,? I1 1 E BROADWAY AVE/NE 3RD STR££T, MERIDIAN, ID a„€ 6 .2 1 �-' : ; IRRIGATION DETAILS g b g�15 11 p j o E i!1 r • ��e� HITC [//���` /' �+/-- WagK8 s r4�•[wy'0..'rr• urn 1a111M11H Exhibit 1, page 2 • a+wran tam aYa srl .u.. ue. +.s Mfwurlxr n M rswc.n w on vrt ,ars uL rw trp0.[.Pa Kt1[, al .mrarp� P e.K `SlaKin M Ks mrt«sf .+.our ! iwrn .mr+ Rr'vra w M !nt �awi LX d vh ' MIp.Yfm i 4 I I lllkl� i UNION 93 / MERIDIAN STATION ...r E BROADWAY AVE/NE 3RD STREET, MERIDIAN, ID is 8 1 IRRIGATION DETAII,S(CONT.) yg■p,Y � EIIT EKs d f �/V�� warr m n— 7 Y�� Exhibit 1, page 3