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The Learning Garden Daycare CZC 01-033 HUB OFTRE9.SURE YALIEY • MAYOR A Goad Place to Iive LEGAL DEPAIZIMIIJT (208) 288-2499 • Fas 288-2501 Robert D. Currie CITY OF MERIDI~~N PUBLIC~Rxs ~~~~~ 33 EAST IDAHO BUILDING DEPARTMENT ' Ron Anderson LOS) 887-2211 • Fas 887-1297 ( ~~, B;rd MERIDIAN, IDAHO 83642 Tammy deWeerd (208) 888-4433 • FAX (208) 887-4813 PLANNING A G City Gledc Office Fas (208) 888-4218 Cherie McCandless (208) 884-5533 • FAX 888-6854 CERTIFICATE OF ZONING COMPLIANCE* ~~ GZL ~l-0 3 Date: December 13, 2001 Owner: The Learning Garden Address: 1230 Overland Proposed Use: A 5 423 square foot daycare for approximately 100 children Zoning: C G COMMENTS: Signage: No new signs have been applied for with this permit and no signs are approved for this location. A sign permit shall be required for any signage to be installed at this location. Scope of Development: This Certificate of Zoning Compliance shall be valid for only one building (the 5,423 sq.ft childcare facility) and for the other site improvements as depicted on the site/landscaping plans. LandscaQing: The landscaping shall be installed per the plans stamped approved on 12-13-01, with the accompanying redline corrections. Written approval of any changes is required; no field changes will be accepted without written approval. Irrigation: An underground, pressurized irrigation/sprinkler system must be installed to all landscaped areas. Li tin :All new lighting, whether attached to the building or placed. within the parking lot, shall not cause glare or impact the traveling public or neighboring developments, as determined by the City. Parking: Parking shall be installed as depicted on the approved site plan, with one exception: the southernmost parking stall may be modified for access. ADA: All construction and site improvements shall be in compliance with the ADA. Certificate of Occupancy: All required improvements must be completed or installed prior to obtaining a Certificate of Occupancy. A Temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a Letter of Credit or cash in the amount of 110% of the cost ofthe remaining improvements (including paving, striping, landscaping, and/orirrigation). Abid must accompany any request for Temporary Occupancy. ACRD Acce tote ance: Applicant shall be responsible for meeting the requirements of ACRD as they pertain to this type of development. All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate the ACI-ID ~ ~ requirements, a new site plan shall be submitted to the City of Meridian Planning and Zoning Stafffor approval prior to the issuance of a building permit. Conditions Qf Approval: All the conditions of approval as listed in the Conditional Use Permit issued for this development shall still be effective in addition to any conditions listed in this permit. Plan Modifications: The Site Plan and the Landscape Plan are not to be altered without prior written approval of the Planning & Zoning Department. No field changes to the site or landscape plans are permitted; prior written approval of all changes is required. City's failure to spec~y identify gquirements in this Certificate of zonin~z Compliance does not relieve owner of resnonsibili for compliance. The lands,~ane/site Rlans stamped 12/13/Oi are approved with the comments noted above ~~ G David McKinnon (Far Shari Stiles) Planning & Zoning Administrator *Receipt of a Certificate of zoning Compliance does not indicate compliance with requirements of other departments/agencies, including, but not limited to, Ada County Highway District, Central District Health Department, affected irrigation district(s), Meridian Sewer, Water, Building or Fire Departments, etc. This certificate shall expire one (1) year from the date of issuance if work has not begun. CITY OF MERIDIAN Planning & Zoning Department 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 (208)884-5533 Phone / (208)888-6854 Fax CERTIFICATE OF ZONING COMPLIANCE (CZC) APPLICATION (Section 11-19-I, Zoning and Development Ordinance) PROJECT NAME: THE LEARNING GARDEN CHIIDRENS CENTER APPLICANT: SAGE CONSTRUCTION ADDRESS: 1704 INDUSTRIAL WAY PHONE: 455-0500 FAX: 459-0531 E-MAIL: OWNER(S) OF RECORD: OVERLAND STORAGE, LLC ADDRESS: 1322 TORREY LANE NAMPA, ID PHONE: 250-7707 FAX; E-MAIL: ARCHITECT (IF DIFFERENT THAN APPLICANT): JGT ARCHITECTURE, PA `~ ADDRESS: 1212 12TH AVE S NAMPA, ID PHONE: 463-9295 FAX: 463-9299 E-MAIL ADDRESS, GENERAL LOCATION OF SITE: LOT 4, BLOCK 1, OVERLAND MINI STORAGE SUBDIVISION, CITY OF MERIDIAN, ADA COUNTY, ID ~• ~, DESCRIPTION OF USE: DAY CARE FACILITY PRESENT ZONE CLASSIFICATION: C-G Gregory M. Brown I, do hereby affirm that I will agree to pay any additional sewer, water or trash fees or charges, if any, associated with the use that Uwe have applied for, whether the use be residential, commercial or industrial in nature. Furthermore, I have read the information contained herein and certify that the informati 'true and correct. ~`~~ `~ °~~~ l~ l /i l °~ ( ppli is nature) (Date) 1 Ilev. 0> Z7'01 AFFIDAVIT OF LEGAL 1NTE~ STATE OF IDAHO ) COUNTY OF ADA ) I, MIKE BLEDSOE 1322 TORREY LANE (name) (address) being first duly sworn upon NAMPA ID oath, depose and say: (city) (state) 1. That I am the record owner of the property described on the attached, and I grant my permission to: SAGE CONSTRUCTION 1704 INDUSTRIAL WAY, CALDWELI, ID (name) (address) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statemerns contained herein or as to the ownership of the property, which is the subject of the application. Dated this 11TH day of DECEMBER , 2001 -~ (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. ~~~~ $1t A I ^rG, •,, ',~ ~~wwNwwwww• ~ ~j, * • +• . ,rt ~, i t/' ~ ~` 3 L I G ~, ` Notary Public for Idaho Residing at ~ My Commission Expires: ~ ~ `~' ~ Rev. 09%2701 Dec 1~ 01 03: R~-1~6-2U00(WEaWE[~ ~ 1` -; 04p 1:07 Pinnacle NilFf ~THpMRS Engineers, Inc. 208-99'7-781 2U33$553~ !_ICENSE AGREEMENT between 1lAMAA ~ MERI[71AN IRRiGATlON pISTRIGT and GVERLAI~D S70h7ACalw, L.L.C. P. Q02 p.~ 24 .t~rre 20130 lnsirurize~nt ~9000d9530 Dec 12 O1 L3;O~p HllG- Chi=2000( WEB) 12:07' Pinnacle MDFF~THDMAS E.nginaers, Inc. 20t3 -88 i -77E11 20838553 N. OU3 RECtJnO~B'~EGJ~~~ C= "" 1V a i'iiEftiuin'i~ ihKiGAI{UN - ',DA''U~~'Y RECO=J:~,ttru'rr~. ~~ tt ZUu9J~i 26 k~ ~~= ~~ I I~ C ~ s ~ ~ 3 +~ L[C NS)r REEMEN'i L1C'E'~SE AGREE"~1)=N7', made and entered into this %`~`'~day of-- ?000, by and among avAMYA & MERIDIAN ;RRIGA1rI0N DiS7RlCT, srr irig2tiun district wean' ,~cd ~iC c~istir~~ unacr and b3~ virnre ofthe Saws oT the State of Idaho, party of tht first part, herCin9fler referred t0 a5 the "District", and OVERLkND STORAGE, L1 C:, an Idaho limited liability company; X825 Hiilerrst Lane, Caldta•eil, Idaho $~64> parq+ or parties of the second part, hereinafter eC?i!ective;v referred to 2s fire "Lice,nsee", W3T ~ESSETH: 1~`WEREAS, Licensee is the owner c£ real property ;burdened with the :asement of the Uismct hereinafter mentioned) pxrticularlY descri'oed in the "Lcea.l Description" attached heroic 3s Exhibit A and by ties reference made a part ltercof•.. and. VJHERI=AS, the district owns the i-rigation Ditch yr carrel known asNtlJF MIL1r [~R,~ (hereir,affer collectively referred tD as "ditch or canal"), an integral part of rite District's irrrgation works and system. to~et!ter with tyre easement therefor to convey irrigation water. operate; clean, maintain, and repair the diuh Dr canal, and ar_cess the ditch :,r canal for those purpn~as: and, WHEREAS, said ditch 4r canal and easement crosses and rntersects Licensee's real property a5 shown on )=xhibit R attached hereru and by this ref ren~e made a part hzreef; and. WHEREAS, d,e Licensee desires a license to engage in constnietior, or activity afiectin~~ said ditch or canal ar the Districts easement in its course across the lands of the Licensee ir. the manner and under the t~rzr;s and corditictrs hereirsf;e: sot tort;:; and, 14FIFRE.~S. $ is necessary than the Disuici pr7tect absolutely its risht to eontrci any meoif~cation or a[teratien ot""its watercourses and its runt or wav alone its waiercourSeS: ivpW. THEREFt~R£. for and in cunsideratiorr ul'the pr,;mises znd of the covenants. agreement; and conditions :ereinaflrr srt )`Drib, the parties agree a,S foiio~~s: !, The Licensee snail grave the ri;hr to m•~dify tn~ said ditch or canal pr encroach upon the District's easemem alone said ditctr of canal in the r•,snncr generally de;crioed in the "Furpo~c of License' attached heretD as E.ehibir C and by this reference madam z pan hareQf. Any modification of said ditch or canal by the Licensee or encroac:tmeni upon the District`s easemenr along said ditch or L3na1 shall 'ae performed and maintained in aecnrdsnce with the "Special Conditions" stated in Exhibit D. arached h.-rcto and by this reference made a part hereof. This agreement penains oni;; to the Licensee's rnoditicat~on of laic ditch or canal ur IC> ..S Dec r2 ©1 ED:Q5p HUG-!8•-2000(~Eil) 12:07 ~. P, 004 encroachment to ttte nisrr'sct's rascmcnt far the purposes and in the manner described herein- The Licensee shati slot change the location of thr ditch or canal, bun the ditch or canal ir. pipP, or otherwise alter the ditch or canal in aay manner n:,t described -n this agreement without Ctrs"t obtaining the written permission of the Cii~trict, 3. Each facility (' fseility" ils used in this agreement meatlS any object ar thing of env nature installer in or an the I3ismct's easement by the Llrensee ar the Licensee's predeces;Ur in intcrest'I shzli be constructed, installed, operated, tna:nta%ned, arts repaired at all rimes by the Licensee at the cost and expense of rite Licensee. a. Licensee a;r°es to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the Districts easement se as not to ronsritiite or cause: ('inn~cle En~ineer~. Inc, 20E1-08'7-7781 NUFi~ T~ONRS 2083855 a. a tiazvd to arty Verson cr praoerw; b- ian intctauptian or interference with the flow of irrigation water in the ditch pr canal Or r.ye d_iivery pf ;rTigaron water b;' the DiaCiict; c. an increase ict seepage or arty other increase in the loss of water item ih3e ditch or Canal: d. !hr subsident:e of soil ~vithir, or adjacent to the easement. e. ,~~y other damage to nc~ District's easement anti irrigation +vorks, S. ?6c Licen:cc a~ccs to indemnify. held hamtless, and defend the District front ail claims for darn ages arising our of any of Lhe Lit;etlSEe'S Cdn5trurilt)n Cr aCIIVlN WhIGh Co:iStitvtCS Or l'a'jJC~ qtly VI thL circumslances enumerated in tt•~e preceding paragraph. ~.a through 4.e., or arty other damage to the easement and lrr;gatio~ works v.hictt tray Iwo caused by the construction, ins~tietion, operation, maintenance, repair, and icily 115e Cyr t;Qt~dlilOn tTt '~ttl` ta.:,lity. b. I.ieersee agrees ti~at rite work performed and the materials used in such construction shall at a!l times he subject tci ir:.uection by the pistrict and ;he District's eag%tteers, and that f~rist 2eceptance of the such wor>s sh311 not be trade l:ntil ell such work and materials ;hall stave been expressly approved by the District, Such approvzl n~. the District sha!1 not be unreasonably tn'ithheld. ~ Y!te Ciisrrict reserves the tyghl. at the DisuicTs option, to remove any ±aciGry ,nstaiied by the Lic ;nsee and to (pair ally alteration by the Licensee of said ditch or canal :i~td the easement therefor whirls noes not cCmply'with t;te teirit5 ofthis agreement. and to rernev-e an; impediment tU the t7ow~ os"warer in said ditch or canal and any unsafe condition or i•.tazard caused by the Licensee. at eny time, and t~~e Licens¢¢ e;reers zo pay to thr L71S1TiGt, pn demand. the c~JSts which shall be rraasonably exAend~d by the District for such purposes. If the Licensee shall fai4 in env respect to ptaperiy rnantaist and repair such facility.. that the Dist-irt. at its vptior., and wi*.hout irnpairir.g or in anyway affecting its ether ri;hts and remedies hereundNr. ;hall have the. ripitt to pt:rforrn tht ilet.essa~y tr:aintcneztce and repair and the Licenses agrees ro pay t0 the D~5rricl. on demand.'.he cost or expense which shall be reasnnabiy expended or incurred by the District for such purposes. 3i~=' Gistrirrt she!( give reasonable nouee to the Licensee prior to Lhe lliSVict's performing such maintenance, repair ar orlter wail: rxr_ept that in cases oP emergean the Distri•::t shall attempt to give such notice as reasonable under the circumstances. Nntrsing in this paragraph shall create pr s:,ppon any ciainl of am' kir.~ b_~~ Licensee or 3!7V third Odrty 8E8m5t the DlSirlct 1Or fallUre f0 exercise the OpTloi]s Stated fn 1J11$ paragraph, aril Licensee sl~atl indemnify. hold hz+rntess and defenc! the Ijisrric•i from shy claims made asainst p.4 LICENSE AGREE,.".E?~T- Pige? I:,ec 12 O1 03;06p Pinnacle Engi.neer~, Inc. 20®-Ei07- 7781 p.5 NUG- ley-2QOQ( ~lED) ! 2 : Og . _ _MOFf~ TNOMHS ~f183855~ P. OQ` the District sr:sing out of or retatrng to the terms of this paragraph exce>yt fcr claims arisin, sofely out of the negtigancs ot'the Disrict. $, Neither the terms 4fttfis 2;reernent. [h. permis5i0n 3ranted by the DfSirlCt to the t.icenSCe, the LiconSee's activit~~ which is the subject of this yg*eement, nOr tt1E: parties exorcist of any rights er performance of any obligations of this ao Cement, shalt bF construed yr asserted to extend the application of anv statute, tote, regulaiian. directive 3r other requitement, or the j;srisdieiion of arty federal, state, or other agency or official to the >7istrict's Ownet~hip, operation!, and maintenance of its ditches, canals; drains. irrigati0tr wo'lcs and facilities which did not apply to the District's eperstions and activities prior to and without execution ort4ais a,neement. In the event the Dtstrt~ct ss required tc comply with any such requirements yr is subject to the jurisdiction of any such agency as a result of execution of thin 8greement or the i_,icensee's 3etiviry authvri~ed hereuneier, Licensee shirt indemnify; hold hanrtless ar,d defend the District from all costs and liabilities associated with the appiicatiorl eFsuch laws ar the assertion of such jurisdiction or, at the option of the District, rtes agreement shall be of na force and e~'ecr and the (,icenscc shall cease all activity and remove any faciiih authanzed by' this agreement. 9. In addition to al! other indemnification provisions herein, Licenser further agrees to indemnify, hold harmless artd defend the tJis~ic: tram anv injut)~, damages, claim, lien, cost anuor expense (including reasonable attorney's fees) irte~rr~d by, ar assettrd ttaainst, the District by rea50n pf the reglig~.nt acts o• ar~i3siPns of Licensee yr itc agents, contractors or subcortiraGtors ir. performing the cousnuction and a~rvities authorized ay this agreement. t) Tice Licensee agrees that the Distt ict shall not be 4iable for any darnag?s Which shall occur to arty facility, saucture, piar:t. or any other inproveme»t of any kind or naturr. wharsnever ~vilich the Licensee sha#1 install .gin the said easement area of the District in the reasonable exea•Lise of the rigis of the Dis[riN. in [ht course ar performance of maintenance or repair of said Ciizt:h or canal, Tae licensee further agrees tia >uspend its use pf the said Easetnenc area when the use of the easerntnt area is required bv' the Gistr:cr Far maintenance or repair under this o, any other para~ph cat this agreement. i l . Licensee steal! place no strtctures or landscapira bF any kind above within the District's easernt:nr area except as referred to in this sgreoment or exhibits hereta without thr. prior written consent Of t!~e District. 12. $hCuid either gam incur cost or attorney fees in connection with effects to enf.arce the prof-isions of this agreerttem, whether- by institution of 5u it Or nut, the patty rightfully enforcing or rightfully resisting enforcement of the pravisi0ns of this agreement, yr the prevailing pam~ incase ;u:t is inst:ruted. siiali oe entitled to rci:nhur5en•,ent nor its costs and reasonable attouiey fees froth the ether party. 1;. The parties hereto understand and agrs. that the District has niy right in any respect ro impair the uses and purposes of the imgation works and system of the District by this dgrcemert, nor [v grant any right; in its im;;aC~Oaa works and system incompatib4e with the uses to which Such irrigation works and svst;.m are aevoted and dedicated and that this contract sha11 be 2t at! times construed according to such principles. 14. ?tiothinK herein contained shall be construed tea ~.mpair [he right of way of she District in the said ditch cr canal and a!I uses of said ditch ur canal b}' the Licensee and the lieen5e herein provideri ttaerefvr steal! remain inferior and subser~ier.t to the rights of the Bistricr to the use of said ditch or canal tot the t.1C'r dSF. AGREEh'1ENT -Pays 3 Dec 12 O1 ~i3:08p Pinnacle Engineers, Inc. 208-087-7^81 ~ {lU~-- ~ b-2l~OG(WED ? i 2: O8 MiQ~~ T~i0Tti4R5 2033$55, P. tlU6 _, transmission and delivery of i*rigaiion water. I S. fa the event of the failure, refussl ar neglect ofthe Licensee to comply with all cf the te+,ns $»d conditions of this agreetent, the license of the f .icensee under the terms hereof may tie tern~inated by the Districe, 2nd any facilin~, strucru.re.. plant, es any other impt~ventent in or over salt: ditch or canal, 2nd the right of way thereft:r, which may impede 4r restrict the rtttintenanee and operation of such ditch ar canal by the Bisrric~ with its equivment fQ~ the maintenance of its said ditch or canal may be tethered b_Y iht; L7iSCtiCt. 16 the Licensee agrees to pay akkt7rrey fees or engineering fees charged by the 3ttcmey fear the Distric[ or by the engineers for the Dis~'tct in connection with the preparation of this 1,icen5e Agrearnent or itr connection with negatiarfons covt:rin; the terms and conditions of this License Aereernent. i 7. T~othirtg in *his a~rettraent Shall create or support a claim pFegtoppel, waiver, prescription or adverse possession by the Licensee or any third parry a;ainst District. 3_ 'This agreement is r~~t intended for the bsnefiz of any thud party and is net enforceable y,~ anY thirc party. I9, !f gray prevision of'this a~,reemenr is dztermined by a court of competent;urisdiction to be invalid or otherwise r:nenfarceabie, elf rem2ining provisions of this agreement shall remain in fu!1 force and effect. 2v. The wore? "Licensee", if used ~n the aetaer in this astr~r:ment, includes the masculine and feminine genders, zhe sins~ular number fncfudt~s the plural, and the plural number includes the singular. The covenants_ cortditinns and ~; eetnents herein eotttained shall constfrnre covcna-rts to run with, and running with, a!I of the Isnds of the Licensee descrified in said Exhibit A, and shall be binding on each o;-the parti¢s hereto and on ail parties and arll persons claiming under them or either of them. and the advanta;es :erenf shall :pure to the benefit of each of the parties 'tte-eto and their respective Successors and assigns. *:Afvi?A & MERIDIAN IRRIG~,'flQl~l DISTftfCT . r ~!, ,. ~ .."' ~ .. ,Y ~ f~. s _ y~ ;x ~,~ :r, ~ ( a , ~~ ~ 'o~`~ itsi5ecr tary ~ hss7. ~~ C 1 ~t reside p.6 f.1EEySE AGREEl'IEI~!T -Page ~t Ltec 12 O1 03:09p Pinnacle Engineers, Inc. X08-887-7781 ' RaG-lh-20UOf I~FD) i2.~aB ~iOFF~THOMRS 2t18385~3~ P, 007 D4'i~ALAi~fD S7"ORAGE, LLC, an Idaho litnited liability company ~~t tM-~ ~~~ pvte.+t~ea~ STA"E C1F I~AHC° ) :s: l=ount~~ of Canyon } (7n t`ais~ day ofd. - ,..e_.. , "~DOU. before me, the undersio ed, a iJ~tary Public in and r"or said State. persona!!y app.ared Ra{ph 8. Wissel andyn~naN ~''~ known to me to be the President and ~ssr. Seert:tary, respcctivEly, of NA'`+iP,A & MERIDIAN lRRIGA"1'14N CyI5TR1CT, the Frrtogtic;n district that zxeouted the fo*egoing instrument and acicnow'ledeed to rte that such irrigation district exetuted the same. P.r' WI7NESS'~'}3EREOf, ' have hMraunto set my hand aad affixed my o~zial seal, the r?ay and vzar in this certificate first above wriRen. STATI: OF 1DAHG ) p ~ )SS. County of ftidQ. ~ ~. No arv Public 'or Idaho Residing, ar My Comtrissian 6:cpires' l~l~ ` ~~°°f (?n this l~ day af~yti,w~ .'1000, itefore me, the nndetsirtted, a notary public in and fer Said state, personally appratetl,~t i~'~atl G r~C~~t ,known to me to be the aaiu G~ _ i`f OVI:RLA~1D STORAGE. LLC, the emir,' that executed the foregaine, instrument, and a~ now{edged tc me that such entity executed the same. IN Vr'!Th'ESS \'VHEREOF, i have hereunto set my hand and affixed my official seal, the day ar;d year ~n this certificate first abo~'e written. ,,~,~p~~1fd~. ,,.'~~z1 t~D,q,'ys~y. ~~~ ~pt,a;ft~~~~c ~..~ 1'fi DEL .._ ~~ T i }tom ~~_. r'{M~~ -~-0...~- Notary Public for _7.cia..~w __ illy Commission Rxpves' t,p - t~ •'C~ p.7 t,srdS'r.SE gf,i`EENtEN~f • Pale 5 Dec 12 O1 03:10p Pinnacle Engineers. Inc. 200-887-?781 p.0 RtIG- i&-2~100t WED) 12; [~ }~FF~ THOa9RS 2~)8'38553~ P. 008 1. 4 ., ~~ LET 5 .Ai~v'D 8 TTM~?TH'~ S"Lt~nT1.'ISIOAd A parcel. of land Ecsr the purpose of an_nexauon being Lat 5 and Lot 6 of T imc~th. S-abdivisiQn and the testing right-af-way adjoining said Lola as sho•cvn on the plat rhereaf as recorded in Hoak 31 Gz rage 1923 of Aria County Record's, said 'cats being sitva€ecl u~ a ponion of the SE U4 of Section 1 B, T?1~., R.+I ~-, =~d.a County, Idaho and being more pani~ly described as foIlovsrs: Commencing at the,SE carnet of said Section 18, thence along the Sont3~. line of said SP 114 S 89°4x'18" W a distance ar 622.02 feet to the PbYIJ'i' OF ~~GINN]N(s= • 'rfzence eoritinuing aioog said SOUta~''1 Line 5 8 ci°44' 18" W `distance of 7I4.94 feel co a point; Thence leaving saiii South line and•alangthe Lot line cot~-mon to Lot 4 a_*~d saic tat 5 of said Timothy Subdi•~i:sifln ti d°26`S 1" E a distaz:cc of 700A0 feet co a 13~~II1L: Thence along tfie Lot line common tat 2 and said Lot ~ ~of saia Timoth~f Subdivision N S i°26'32" ~ a distance of 2I.$3 *eex to a 3/$ inch rebaz: Thence along th? rxteri~r ~otlnd;~ry of'said Tiutathy S~tbaivisian the failawing GpuSSes; . S 68°2i'~7" E a cliszance or 414,39 fret to a S/8 inch rebar; Tl'.2nC~ S 79°~L~-r-`~~'" ~ 3:~:St2.'1C~ C; r33~.S~:eet co trtc 1'OI:~rT OF BI:UI!~1iVING. Said parcel contains 7.'~0 acres more or less and is suhjea :o aII c~tir~g ease~nencs ar~d righ~s-ac-way of record or implied. ~xiiibi t A Dec i2 01 n3;11p _' AUG 1b-2000(W~0 ? (2:09 Pinnacle r~oF~ T~n~r~ Engineers, Inc 208-887-7781 24~3fi55~ P. t~09 p.9 exhibit B Dec 12 O1 03:13p Pinnacle Engineer, Inc. 200-88?-??01 HUG-tE;-2000(WED) l2: l0 P~O~ THOMRS 2>~3$55~ RXHIBIT C Purnos'~ 4f~,igen5e The p~.rpp5e ni ibis License r4greement is tv permit Licensee ro: P. Gi0 constrict a.nd install a removable, chain-link fence within the district's casement far the ~ ine Mile Drain: discharge overflow storm water into the District°s easoment for the Nine ;Ytil'w Drain', and Irstait landscaping, includine aces, within the District's eas=meet for the Nine Mile Drain, a{! u;ithin Litien~e'~ ,^~rop~m, described in E::ltibst A, located northwest of the intersection of Locust Grove Road and Overland Road in Meridian, Ada County; ldaha. XH18 'Y` ci' L ~;9~?~lll~ a. ConSO'uction shall be in accordance with cenain plans cunsistirg at seven sheets: sheet L.Si, entitled `'L~ertand Mini-5inrage Landscaping P12tr;' dated 14farch 2, OOG; sheet 1 entitled "overland Mini- 5toragc, CL~ver shoot," bearing engi»eer's stamp dated l:ebruary ~~, ?(lOC; sheet 2 entitled "QverlAn4 Mini- Storare, General T~lutes," bearing engine~r'S stamp dated ;March 2, 2040; sheet ~ entitled "Gverland Mini• Storage, Final i'lat," 6earnq cngineer's stamp dated February ?:i, 2000: sheet ~ entitled "Overland Mini- Starage, Drainage and Grading Plan." bearing engineer's stamp dated February 2:, 3000; sh~est2G00,itand '`Ov;!rl2std !Mini-Storage, Urainage and Grading Plan," bettnne engineer's stamp dated FtbmarY - . sheet 7 anrtled "Crverland Mini-Storage, Drninabe and Grading Details," bearing engineer's stamp dated February ~5, 20CC; 'these pCans have been delivered to tht pismict's water superintendent. are in his possession in hi; ot~f'sces. and are hereby incorporated by this reference. b. Licensee shall notify the water suparincerdent of the District prior to and itntnediately after Construction so that he qr the District's en;insets may inspect u-d approve construction. i he Licensee egrets that the r}iSLriCt shall not bt liable Con dry darttag=s which sttaCl occur to tite fence or trews installea by the Licensee in the rtiasoni3oie exercise of the rights of the aisttict in the course of performance ~~f maintenance or repair ofthe mine Miie Gr>J,in, a. Licensee represents th8t Licensee has campEird with aN f decal, State or Other yaws. rul.s. regula~;ons; directives or other requirements in any farm regarding entiironmenta! matters, and spccincally [hUS= rclatiug t4 pollution oonirol and water quality. ai may be dppltcable under the stti)j~ct matter, terms or performance of this a~eemertt broadly cattstrucd. Licensee recognizes its continuin; duty to comply with al! such requirements that now exist cr than may be itnp~emenred or imposed in the future- By exerut!ng this agreement the 41i5trict a;,sumes rill eesponsibitin- or lial~ilitN for any impact upon cr degradation oS ~~'ater qualirr pr the environment resulting from the discharge ar other acti~~ iry b}r Licensee ~Yhict, is the s4bject a` thi; a_oreement 1_icenset hereby indemnifies, holds hzrmless and shall defend the District ..°rom any and al! penalties. 52nctions. directives- claims or any action tahe^ or requirement imposed by any pzm ur entire. p. ill LICENSE AGRE£141F1~1~1' -Page o Dec 12 O1 03:14p Pinnacle Engineers, Inc. 208-Ofl7-7781 p.ll RF1G-I~-2Q4aWEU? 12: 1a INOF~ THDMHS 20133855 P. 011 publ)c or private, with respect to environmental rnaacrs relating to the subject matter, terms or performance bf this ag;~ament unless the District ahnll be solely responsible for the condition or activity which gives rise to any such penalr}~, sanction, directive, ciairn ;action or requirement. z In rh= event the District is required by eery goverrtment~l authority to at;quire or cotnp{y with any permit or other operations; requirements associated w)rh Licensee's discharge sad other activity which is the subject ofthr agreement Licensee shall indemnify, hold harmless and defend the District form al) cesrs and -isbiiicies associated with such permit and other requirements, including but not limited to all costs assoctat:d ~v)th alt permit ac4t~isition, construction, manitor7rg, treatment, administrative, Tiling and other i'egtl IremCRtS. ;. The perrles to this agreement recognize this IlC@nSe a.~reement is an accommodation [o Licensee. The District by this agreement does nor assume, create, or exercise le;al Or other authority, citl>+rr express or implied, to reg«lare control, or prohibit the discharge br eunmbutian of pollutants or cantaminams to the District's facilities or to any groundwater, waters of the Siatc of Iaallu v1 the Unixd St~os, ar any other destination. Such authority, to the extent char it exists, is possessed and Csercised by govcrnmmtal em~)ronmentxl agencies. h. The fence shat) be Constructed of, removable, chain rink: The followm; shall apply if the fence erected is now ar in the ft:ture in whale nr in parr constructed of wood or plastic: I3CCau5e of the (oeairon ofdte fence and the Farr that the fen~~e wi[I be Cottstrucred wholly or partly of wood Or piastre, the District shall nut be responsible far weE:d cotttroi in the area of the fence. W ithout affecting tale ferego)ng exemption of the District fram weed carstrol obligations, Licensee hereby indemniiles, holds harmless and shall Defend the District from any claim: far da.meges to said fence because of weed-burning except where the District mtenrional)y bums the fence or is guitry of gross negligence in burning the fence. i, With respect to the te=es, there shat) be a tots) of twenty-three X33) which shat) bC replaced according to the following schedule: 'The first eight trees beginning at the northwest comer of the property and .ommerecing ea_su'southeast along tha Nine hliie Drain shall be replaced cn or before 5epttmber 3(), 2Cf1~. and shall thereafer be rep)«ced On ar before every fifth year From that date: _. l'he next eight trees cpmmencina casdsnutheait along the Nine Mile Drain =hail be replaced on vs• before September ~0, ?U44; and shzl) thereafter be replaced on or before every fith year from that date; and The last seven trees comee»c)rg eaSUSO:`rheast along the iVine Mile Drain shall be replaced an or before September 3u, 2Ji)5, and shall tttereai'ttr be reptacrd vti o~. before every fifth year from that date. The sloe of the replacement treys must nor exceed the minimum size as depicted in the above- rzferetteed plans, and the prnnina rnus[ iils3 b2 pertormed by the Licens~t accflrding to the rcqulrctnonts spet:ifeo in the above-refcr~~ne~d plans. 1,1C!~i``5E AC;RFF.Pv1i=.?•tiT -Page ? , Dec 12 O1 03:15p . ~ ,~ AUG-1Q-200Q~WEQi 1?: 11 Pinnacle Enginaer~, Inc. 208-887-7781 FiQFF~THi]MRS 20838553 ,.~ , _. P. 012 Licensee ;hsll eat excavate, place any structures, plant any trees, shrubs, or landscaping or petfotrn any ocher canstruetion or activity within cr affecting the District's easement f©r thz Ninc 1vi~le Drain ~xeept as referred to in this avreemenr or exhibits hereto without the prior written consent of the District. The I)uUi~i's exscrtient alvv$ this s~tivn ofihe Ninc Mils Drain is EO feet, 30 feet to either side of the cBntCtltne. k. C~+nstruetien shall be rnmpieted not later than one year from the date csf this a~ eemenc. Tirnt is afthc essenec. p. 12 L;~E1~~ir AGREEMENT -Page S