Bodily RV~,,
MAYOR
Robert D. Come
CITY COUNCIL MEMBERS
Tammy deWeerd
William L. M. Nary
Cherie McCandless
~f
'i'.
CITY OF ~~~ ~'~~~^.'_~
eri~i~-n
~~ IDAHO
LEGAL DEPARTMENT
(208) 288-2499 • Fax 288-2501
PARKS & RECREATION
(208 888-3579 • Fax 898-5501
PUBLIC WORKS
(208) 898-5500•Fax 887-1297
BUILDING DEPARTMENT
(208) 887-2211 • Fax 887-1297
Keith Bird sixce PLANNING AND ZONING
7903
(208) 884-5533 • Fax 888-6854
CERTIFICATE OF ZONING COMPLIANCE
Date: Apri122, 2003
Owner: Gary & Deborah Kay Bodil~{Contact• Dana Kauffman, Insight Arch - 338-90801
Address: 1580 W. Overland Rd. (1VE Corner of Linder and Overland)
Proposed Use: 32,600 sa. ft. RV Sales & Service Building and 168-space Parking Lot
Zoning: I-L (Licht Industrial)
Comments: Proiect is subject to all standards and requirements of Conditional Use Permit No CUP-
O 1-020, approved Aus;ust 21 2001 with the exception of the modifications approved by the P& Z
Commission in File No. MCU-03-001. The City's failure to s ep cifically identify requirements in this
Certificate of Zoning Compliance does not relieve owner of responsibility for compliance with these
documents.
Approved Plan: The Site Plan (Sheet A1.0), revised 4-21-03 and stamped 4-22-03 by the Planning &
Zoning Department, is approved.
NOTE: Applicant has submitted a signed copy of License Agreement with Nampa-Meridian
Irrigation District (Instrument No. 102081464, dated 7-19-02) authorizing the relocation of the
Hardin Drain.
Signana e: The location of the monument sign shown at the main entry is approved. However, all free-
standing and wall signs require separate commercial sign permits prior to installation. Temporary or
portable signs shall be prohibited and removed upon 3 days notice to the applicant.
Landscaping_ The Landscape Plan (Sheet C3.0, dated 2-14-03) is approved, with the three (3) redline
notes to add a tree to the Overland and I-84 street buffers and add a species. The landscape plan is
not to be altered without prior written approval of the Planning & Zoning Department. No field
changes to site plan permitted; prior written approval of all changes required.
Per Condition #2 on page 2 of the "Order Granting Conditional Use Permit," a landscape buffer shall
be installed along the full length of the western property boundary line within one year of completion
of the construction of the Linder Road Extension.
33 EAST IDAHO • MERIDIAN, IDAHO 83642
(208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Human Resources Fax (208) 288-1193
Fire Sun ression: Per Condition # 17 on page 4 of the "Order Granting Conditional Use Permit," the
fire suppression system shall be approved by the Fire Department prior to issuance of a building
permit.
Trash Enclosure: The "Dempster Plan" shown in Figure 1 on the approved Site Plan is approved and
shall comply with the requirements of the Sanitary Services Co.
Fencir~: The six (6) foot black chain link fence shown along the west property line must remain open
vision (no slats) and shall be relocated beyond the required Linder Road landscape buffer within one
year of the Linder Road Extension construction.
Parkins: Off-street parking is approved as shown on Sheet A1.0. No gravel is permitted in the
parking areas -reclaimed asphalt material only. All handicap parking, signage, striping and ramps
must be designed and constructed to current ADA standards.
Irri ation: An underground, pressurized irrigation system must be installed to all landscape areas on
the project site, in accordance with the signed "Irrigation Performance Specifications" submitted with
the CZC application.
Li tin :All new lighting, whether attached to the building or placed within the parking area, shall not cause
glare or impact the traveling public or neighboring developments, as determined by the City.
ACHD Acre,,~tuice •• Applicant shall be responsible for meeting the requirements of ACRD as they pertain to
this 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 ACHD requirements, a new site plan shall be submitted to
the City of Meridian Planning and Zoning Staff for approval prior to the issuance of a building permit.
Bonding: All site improvements must be completed or bonded for at 110.0 of the incomplete at~unt
prior to P&Z Department signature of Certificate of Occupancy.
NOTE: This CZC is issued contingent upon the final approval of the P&Z Commission of
File No. MCU-03-001, anticipated at their May 1, 2003 meeting.
Brad Hawkins~Clark, Planner III
Planning & Zoning Department
*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
CF,RTiFiCATF. (1F 7.nNiNl' ['nMPi iAN('F !['7['1 APPi iC'ATinl`T
(Section 11-19-1, Zoning and Development Ordinance)
PROJECT NAME: 'LILY
APPLICANT• 1 NS~~~ ~{~l7l~iC~~S
ADDRESS: ~71~~ ~~~1~11VPcY ~.~- ~fGl~ . ~~sHU F33?OCO
PHONE: ~.pS'338' gOBo FAX: 2OB,33~ ' ~l D(o~ E-MAIL:
OWNER(S) OF RECORD: __~~ ~bll,`•(
ADDRESS: Zo 3 ~ l s1" 57~•~>~rt" M~Iz) t71~ 1 ~At-b
PHONE: r ~ • ~ -~24 I FAX: E-MAIL:
ARCHITECT (IF DIFFERENT THAN APPLICANT):
ADDRESS:
PHONE:
FAX:
E-MAIL
ADDRESS, GENERAL LOCATION OF SITE: ~• ~• ~.~1zN~ O~ DV ~t,4l~lP~LJNb~S~
DESCRIPTION OF USE: '~y G/~~ S elf b ~~1!(~ ~~GI L~ "i`(
PRESENT ZONE CLASSIFICATION: ~~~
I, ~~Y I l.Y , 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 foe, whether the use be residential,
commercial or industrial in nature. Furthermore, I have read the information contained herein and certify that the
information is true and correct.
f~i 2! l 03
(Applic Signature) (Date)
Rc'i~. ? l CJ?
~y
t
IRRIGATION PERFORMANCE SPECIFICATIONS
PER ORDINANCE IZ-Z3-H
NOTE: Submit 3 copies of this completed form with any application for Certificate of Zoning Compliance (CZC).
Project Name: ~..y
Specifications:
Available Gallons per Minute: 1 ~ C7 f'/)')
Available Water Pressure: CAD /os/
Point of Connection (describe and/or submit a site plan):
• Primary Connection: ~fx1~7l~ ~1~l~lC~t/o1~1 UII~U.
• Secondary Connection: JVDAI~
Landscape Area: If the irrigation system is hooked to City water as a primary or secondary
water source, submit the square footage of landscape areas to be irrigated: s.f.
Backflow Prevention
A backflow prevention device must be installed as required by City Ordinance 9-3.
Coverage
The irrigation system must be designed to provide 100% coverage with head to head spacing or
triangular spacing as appropriate.
Matched Precipitation Rates
Sprinkler heads must have matched precipitation rates within each control valve circuit.
Irrigation Zones
Sprinkler heads irrigating lawn or other high-water-demand areas must be circuited so that they are
on a separate zone or zones from those irrigating trees, shrubs, or other reduced-water-demand
areas.
Overspray
Sprinkler heads must be adjusted to reduce overspray onto impervious surfaces such as sidewalks,
driveways, and parking areas.
l~ev. 1/2•~1/(J~
s a;
w
Additional Irrigation Notes:
Irrigation Required
All landscape areas regulated by the City Landscape Ordinance (12-13) shall be served with an
automatic underground irrigation system. Additional requirements affecting pressurized irrigation
systems can be found in City Ordinance 9-1-28.
Irrigation Water Source
Use of non-potable irrigation water is required when determined to be available by the City Public
Works Department as regulated by City Ordinance 9-1-28. If city potable water is used, a separate
water meter is recommended so the owner can avoid paying sewer fees for irrigation water. Potable
water shall not be used as a primary irrigation water source on non-residential lots with more than 1/2
acre of landscaping. Year round water availability is also required by connecting to city potable water
or an on-site well as a secondary source.
Certification:
I, 1pC f 7°tU ~~>~N , do hereby affirm that any irrigation system installed for
the project mentioned above will be designed and installed in compliance with the specifications and
~ ~ ~/~ a~
Date
Rrrv. l /2/03
•'..
-}
IRRIGATION PERFORMANCE SPECIFICATIONS
PER ORDINANCE IZ-Z3-S
NOTE: Submit 3 copies of this completed form with any application for Certificate of Zoning Compliance (CZC).
Project Name: ~.7 1` ~/
Specifications:
Available Gallons per Minute: f G~ C~ 1°/)')
Available Water Pressure: CG10 /os/
Point of Connection (describe and/or submit a site
• Primary C:nnnecfinn~ X_Y1S711
• Secondary Connection: ~IDAI~
Landscape Area: If the irrigation system is hooked to City water as a primary or secondary
water source, submit the square footage of landscape areas to be irrigated: s.f.
Backflow Prevention
A backflow prevention device must be installed as required by City Ordinance 9-3.
Coverage
The irrigation system must be designed to provide 100% coverage with head to head spacing or
triangular spacing as appropriate.
Matched Precipitation Rates
Sprinkler heads must have matched precipitation rates within each control valve circuit.
Irrigation Zones
Sprinkler heads imgating lawn or other high-water-demand areas must be circuited so that they are
on a separate zone or zones from those irrigating trees, shrubs, or other reduced-water-demand
areas.
Overspray
Sprinkler heads must be adjusted to reduce overspray onto impervious surfaces such as sidewallcs,
driveways, and parking areas.
F
~ ~'
Additional Irrigation Notes:
Imgation Required
All landscape areas regulated by the City Landscape Ordinance (12-13) shall be served with an
automatic underground imgation system. Additional requirements affecting pressurized irrigation
systems can be found in City Ordinance 9-1-28.
Irrigation Water Source
Use of non-potable irrigation water is required when determined to be available by the City Public
Works Department as regulated by City Ordinance 9-1-28. If city potable water is used, a separate
water meter is recommended so the owner can avoid paying sewer fees for irrigation water. Potable
water shall not be used as a primary irrigation water source on nonresidential lots with more than 'h
acre of landscaping. Year round water availability is also required by connecting to city potable water
or an on site well as a secondary source.
Certification:
I, ~ r ~U ~~~N , do hereby affirm that any irrigation system installed for
the project mentioned above will be designed and installed in compliance with the specifications and
~~ ~/~ a~
Date
R~'v. l %2.1.%D_i
To: Brad Hawkins-Clark
Meridian Planning & Zoning
Date: April 21, 2003
Re: Bodily RV
Attached: Site Plan
# of Copies: 4
Via: hand carried, mail, express mail,
picked up
As requested here is the Modified site plan.
Thanks,
Dana
transmittal
From the desk of...
Dana Kauffman, AIA
(208) 338 - 9080
FAX (208) 338 - 9067
e-mail dana@INSIGHTarchitects.cc
0
° 00
Russ Phillips + Dana Kauffman
1189 Broadway Ave.
Boise, ID 83706
CERTIFICATE OF ZONING COMPLIANCE & PLAN REVIEW CHECKLIST
Project Bodily R . v. Review Date:
Contact C-ta''~1 ~di lv Zone:
Site Review/Conforming
Elements Comments Complete
* Proeect must com l with all a roved ermits, lots or Develo mentA eements associated with the lot or arcel.
1. Completed & si ed ap lication form
2. Warranty deed `~
3. Affidavit of Legal Interest (notarized '~
4. Site Plan -scale not less than 1"=50'
(4 co ies + 4 8 '/z"x11" reductions
`~
5. Vicini Ma (scalable
6. Landscape Plan -scale not less than 1"=50'
(3) co ies + "8''/Z"x11" _ _
7. Irrigation a ormance Specifications
(3) co ies in com fiance w/ Landsca Ord.
v
8. Sanitary Service approval for trash
enclosure & access drive
`~
9. Calculations table listing # of parking
stalls, building size, lot size, landscaping, open
ce, setbacks fencin , screenin & covers a
`~
10. Statement of proposed use of property ~
11. Zoning District (permitted use, CUP,
AUP, variance, etc. Check D/A, FF/CL f i ~ S~~`jo 1
S-l- ` GU P 8 U ~ 1
`~
12. Flood lain District N A
13. Landsca in 1
Must be in compliance with
the Landsca Ordinance
14.Off-Street Parkin
a) # of Stalls (dimensions, etc 11 =rz +'/3 Sales lot
b) Handicap Stalls (van accessible - 8'
aisles - 8', si e)
`~
c) Aisles (width - 25' new, 20' min. existing,
location
`~
15. Trash Areas
a Location i 6 ill `~'
b 3-Side Screenin `~
16. Unde and Irri ation Z
17. Sidewalks/Paths
18. Lot Re uirements
a) Lot Area (note restrictions on use of
undevelo ed rtion o lot
b) Street Fronts a `~
c) Setbacks `~
d Covers a `~
19. Fencing
20. Fee of $60.00 `~
N~-~- 3
ACHD approval letter required for curb cuts, road widening, for all new projects.
' Trees must not be planted in City water or sewer easements.
z Pressurized irrigation can be waived by City Council only if no water rights exist to subject property or
developer deeds land to City for a well. City will permit one hook-up to municipal water for irrigation persite.
h, ~ ~'
0
0 (] 0
Russ Phillips + Dana Kauffman
March 10, 2003
Brad Hawkins-Clark
City of Meridian
Re: Bodily RV
Certificate of Zoning Compliance
Brad,
It is my understanding you had a few questions concerning the Certificate of Zoning Compliance
for the new Bodily RV project.
1. Do we have a license agreement with the Irrigation District to relocate the Hardin Drain? We
have attached a copy of the agreement and plan for your record.
2. Submit a copy of the original Site Plan that was submitted with the Conditional Use Approval
indicating the location of the future development. We have attached a copy for your record.
3. The ground covering for the Outdoor Sales Area and site circulation area is to be recycled
asphalt in lieu of gravel as indicated on the plans.
If you have any questions or require additional information please don't hesitate to contact me.
Thank You,
i~
,' %
Dana Kauffman, AIA
1789 Broadway Avenue Boise, Idaho 208.338.9080 208.338.9067fax
~~l~H
Russ Phillips+ Dana Kauffman'..
Project Description
The new building will be a full service RV Sales and Service facility.
The Sales portion includes outdoor and indoor display areas.
The Service Area includes 9 maintenance bays, 2 wash bays, accessories sales, and parts storage.
The facility also Includes 3000 sf of Administration space on the second floor.
The exterior sales area is secured by fencing at all times. This restricts the customers from driving
vehicles through the sales lot. All traffic in the outdoor sales lot is restricted to foot traffic of golf cart
traffic with sales persons assistance. The owner anticipates approximately 8-12 RV sales per week, as
a result there will be 8-12 RV's driven off the sales lot each week.
The parking lot has 51 RV parking stalls for the customer's convenience. Eleven of these stalls are for
the training and instruction of the customers.
The facility also includes a RV dump for the customers use. The dump is connected to a holding tank
that will be pumped periodically and disposed of off site.
1789 Broadway Avenue Boise, Idaho 208.338.9080 208.338.9067fax
° 00
O
Russ Phillips + Dana Kauffman
Project Data
Parkin
Employee
Visitor
RV
Building Size
Sales/Office
Service
TOTAL
Lot Size
16 Acres 695,000 sf
Landscaping
127,941 sf
Omen Space
322,026 sf
Setbacks
North Required
South Required
East Required
West Required
Fencin
48 stalls
69 stalls
51 stalls
..,~-
1(0~
18,200 sf
14.400 sf
32,600 sf
0', Proposed 580'
35', Proposed 160'
0', Proposed 290'
30', Proposed 165'
North Existing Wire Fence
South New Chain Link Fence
East New Chain Link Fence
West New Chain Link Fence
Screening
CMU Trash Enclosure
Coverage
695,000 sf
32,600 sf
112,529 sf
127,941 sf
224,634 sf
197,296 sf
Lot 100%
Building 5%
Parking 16%
Landscaping 18%
Outdoor Sales 32%
Circulation 29%
a 20' sewer line easement is required
1789 Broadway Avenue Boise, Idaho 208.338.9080 208.338.9067fax
_i
660 E. Watertower Ln.
Suite 202
Meridian, ID 83642
Ph: (208)884-5533
Fx: (208) 888-6854
CIT Y O F ME RI DI AN
Pl nnin & Zo ni ng
a g
To: Dana Kauffman, Insight Architects From: Brad Hawkins-Clark
Fax: 338-9067 Pages:
Phone: 338-9080 Date: 3/14/2003
Re: Bodily R.V. CZC Application CC:
Urgent ^ For Review ^ Please Comment ^ Please Reply ^ Please Recycle
Dana,
I received your March 10, 2003 letter and have reviewed the approved Conditional Use site plan with
the modified site plan. In part, I see the following changes between the May 15, 2001 site plan
(prepared by B&A Engineers) and the February 20, 2003 site plan (prepared by Insight Architects):
1. Building size increases by approx 134%, from 2,500 sq. ft. (approved by City Council on
August 8, 2001) to 32,600 sq. ft.
2. The location of the two "future RV display/maintenance buildings" areas (as approved in 2001)
are not reflected on your modfied site plan. The new building is a single structure and not
stand-alone building pads and the new building has a different orientation on the site than the
original plan.
3. The 2/20/03 site plan shows the septic drainfield area in a different location. In addition, since
the building will contain additional facilities and require a larger septic area, the Public Works
Department must have an opportunity to review this modification.
4. Parking is shown adjacent to the future Linder Road extension where no parking was shown in
the original plan.
The City of Meridian's Zoning Ordinance allows staff to approve site plan amendments of up to 20%.
Given the substantial increase in building size and the other changes noted above, the City Council
must review and approve the amended site plan.
I am attaching a CUP Modification application form for you to complete. This application will require a
public hearing before the City Council, which will require approximately 30 days from the date our
department receives a complete application form. Please feel free to call me for further discussion.
CITY OF MERIDIAN
Planning & Zoning Department
660 E. Watertower Ln., Ste. 202, Meridian, ID 83642
(208) 884-5533 Phone / (208) 888-6854 Fax
MINOR MODIFICATION
OF CONDITIONAL USE PERMIT APPLICATION
(RE: Meridian Zoning Ordinance -Section 11-17-10)
APPLICANT:
ADDRESS:
PHONE:
OWNER(S) OF RECORD:
ADDRESS:
PHONE:
FAX: E-MAIL:
ENGINEER, SURVEYOR, PLANNER:
ADDRESS:
PHONE: FAX: _
ADDRESS, GENERAL LOCATION OF SITE:
DESCRIPTION OF PRESENT USE:
DESCRIPTION OF PROPOSED MODIFICATION:
ZONE CLASSIFICATION:
I have read the information contained herein and certify the information is true and correct.
APPLICANT'S SIGNATURE:
FAX: E-MAIL:
E-MAIL:
I Ilc v. l ?-J l)3
,.
CONTENTS OF MINOR MODIFICATION OF CONDITIONAL USE APPLICATION
(Incomplete applications will not be processed)
An application for a minor modification of conditional use permit shall be filed with the Administrator by the
owner of the property for which such conditional use modification is proposed. The application shall contain the
following information:
1. Completed and signed minor modification of conditional use application form.
2. Proof of ownership of subject property (warranty deed).
3. Notarized consent from current titled owner of property. (If owner is a corporation, submit a copy of the Articles
of Incorporation or other evidence to show that the person signing is an authorized representative).
4. One (1) copy of a vicinity map (updated at the time of new application) at a scale of one inch equals three
hundred feet (1"=300'). This map can be obtained from the Planning & Zoning Department upon request.
Please request this map seven (7) days prior to submitting application.
5. (For Staff Level Review - 11-17-10.C.1.] -One (1) copy of the approved site plan(s), dimensions and/or
development standards and four (4) copies of the modified site plan(s), dimensions and/or development
standards. (Amended copies jor P&Z Department, Public Works Department, Applicant and City Clerk.)
[For Commission Review not hearing) - 11-17-10.C.2.] -Ten (10) copies of the approved site plan(s),
dimensions and/or development standards and ten (10) copies of the modified site plan(s), dimensions
and/or development standards. (Copies for P&Z Commission, P&Z Department, Public Works
Department, Applicant and City Clerk.)
6. Other items requested by the Planning & Zoning Administrator, ifapplicable.
7. Minor Modification of Conditional Use Permit fee is: $225.00
NOTE: This application is to be used only for minor modifications of a Conditional Use Permit (CUP), as defined
in Meridian City Code 11-17-10.C.1 and 2 (attached). All other CUP modifications must be processed using the
standard CUP application form and such major modifications require public hearings, as defined in the Zoning
Ordinance.
11-17-10 TRANSFERS AND MODIFICATIONS
C. Upon written application by the holder of a conditional use permit, and following a hearing and
recommendation by the Commission, the Council may modify the conditions, limitations and/or scope of
the permit, in accordance with the limitations and requirements of Section 11-17-3 of this Ordinance. The
Council may delegate to the Commission and Zoning Administrator authority to consider and approve or
deny specified minor modifications, provided such modification was not the subject of appeal during the
original public hearing and will not adversely impact adjacent properties. Such minor modifications
include but are not limited to the following:
Staff Level Review:
a. A reduction in density not exceeding twenty-five percent (25%) of the total units.
b. Minor relocation of dwelling units or building pads for practical reasons, such as road
alignment, topography or access.
c. Minor changes to the recreation area or open space design, but not elimination or
significant reduction in area.
2 Rc~'. 1 ?-l 0~
d. Increase in building square footage, not exceeding twenty percent (20%), provided that
the parking and landscaping requirements are met.
Commission Review:
a. A significant change in the development phasing plan.
b. Change in proposed setbacks.
City of Meridian
Minor Modification of Conditional Use Permit
Application Checklist
(Incomplete applications will not be processed)
ProjectlSubdivision:
Applicant: Submittal Date:
Application Completion Date: / / Hearing Date: / / P&Z/CC
1%or UfJice Use Un[y
Item
No.
Description
Comments
1. Com leted and si ed Modification of Conditional Use Permit A lication
2. Warran deed
3. Notarized consent of ro owner s
4. One 1 co of a vicini ma 1"=300'
5. A roved lan s and Modified lan s see a e 2 or number o co ies
6. Other items r uested
7. Modification of CUP a lication fee - $225.00
JZrv. l ?~ ~l~
ni;t,ir~.c,c 11tLG a LJ~KUfl 1tL~!/~'KS~B,''~Jy N. UU?
R~CORO~~-tR~Q~1;:5T~~' ! C
S~GF~ LUt3NjY RECGRD~R ~ ~ `~`?
~. OAYIO NAYA R~ ~'
Rois~. io~F1~ FED DEPUI _
2~et-.~ 20 ~n z= oz 10.0 a 5 ~ 5 ! 3
71TIf
9PECIAI, at~lltRANTY DES.D
FOR VALUE RECEIVEp, xRR~fCaD Q. LORR, aka lAtitx D. Lq$R, an
un~arrisd u~an, hora~inatter rsferzed to as tha Granter, h®re1~y
grants, bargains, sells and conveys unto G71fF1~ SO~FL3E au@ ~
LAY BoDZI+Y, hu:gba~nd and wife,l9o~ Ho~rard, Caldwali, ,Idaho 83645,
hereinafter referred to as the Grantee, the fo3lowing >~e~cribed
premises situated in Ada County, State of Idaho, to-Wit:
That certain parcel of land located in the 5outhwe~t
Quarter of the 6outhwoet Quarter of Section 13, Township
3 North, Range 1 West, Boise t~feridian, Ada County, Idaho,
more particularly described as follows:
Commencing at the section corner common to 5actione 14,
13, 23, and 24, TownBhig 3 North, Range 1 West, Soise
Meridian, said corner being the POINT OF BEGINNING.
Thence N o0°33"06" E, along the west boundary of
said Section 13, comtaon to the centerline oP Linder Raad,
1113.47 feat to a point on the southerly right-oP-way of
Interstate 3lighway I-s4, F.A.F. No. I-aoN~i(12)3?;
Thence S 89°34'15" E, along Said southerly right-of^
way, 621.88 feet to a point;
Thsnoe S 00°33'Ob' W, parallel to the west boundary of
section 13, 1118.41 feet to a point on the south boundary
of Section 13;
Thence K 89°o?'Q3" w, slang said south boundary,
common to the centerline cf Overland Raad, b23.8? feet to
the POINT OP aEGIKKING.
TOGETHER with all water and irrigation rights, ditchca and
ditch rights, irrigation fixtures, and equipment, if any,
associated with, or located upon, the real property.
sua.»cT to
(1) EncroachraentB, overlaps, boundary line disputes, and any
oth®r matters which would be disclosed by an accurate
survey ar inspection of the gremises.includinq, bµt not
iiARRANTY DEED - 1
wdc\Lohrtd. ti763 \fJDeetY
^~~. ~ Jyt~i.'L4 U1lntUj 1b~J7 9LLIarot,t ttlLt Jt tJLKUA ItL~J'~ISZf~l3;~Jy C. UUJ
R' ;~
limited to, easements or claims of easements not shown by
t31e public records;
(2) reservations or exceptions in patents or in Acts
authariti!:g the ies~.~nce thereof ,
(3) General taxes for the year 2a0o which are a lien but are
not yet due and payable. The land desoribed. at~ove is
located within the boundaries of the CITY of I~RID~AN and
is subject to any assessments levied thereby;
I
(G) The land described herein is located with~.n the
bou»dariae of the NAMFkaMF.'RZDTAN IF.ic2GATiah Da'aTFc fcT $nei
is subject to any aseessgants levied thereby;
(5 ) Right-of ~-way Yor HJ-RAZN DRAZN and the Rights of Aocess
thereto for Maintenance of said Lateral;
(o) Rights-of-way for overland Road and Linder Road; and
(7) Conditions, restrictions and access rights in =avoz of
the State of ~daha as disclosed by that certain Deed
recorded Hay 3, 2467 as Instrument No. 6fi325?.
TOGBTKF~ With all and singular the tenements, hereditamente,
and appurtenances thereunto belonging or in anyway appertaining,
the reversion and reversions; remainder and remainders, rents,
issues and profits th,areoY; ar~d all estate, right, tithe and
interest in and to the property, aQ wQll in law as fn equity.
TO Hl-vE AND TO HOLD all and singular the prop~xty, together
with the appurtenances, ants the Grantee, Grantee~a successors,
heirs and assigns forever.
ANA Grantor shall and will warrant and by these presents
forever defend the premises in the quiet and peaceable possession
of Grantee,.t=rantee~s successors, heirs and assigns against Grantor
and Grantor's successors, heirs and assign8 and against all and
every person and F,ers4ns wheresoever lawfully claiming th® same.
IN WITNESS WHEREOF, Grantor has hereunto executed thip Reed
the ~_ day of ,~ U j,~_, 2000 _
!Sa Kwood p. Lohr a/k a
Kark [~. Lohr
kARRANTY DEED - z
11dc\Z.anr1R, 6~631KDead
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=S ;..
STATE of zpAHa )
. B9.
County of Ada )
on this „~_ day of 2000, before me, the under-
signed Notaxy Public in and r 8a d State, pareorally appeaPed
K~A~OOD D. I,o~t +~xla ~p1.~ D. LQ$d3, a>z unmaXriec3 mar., krows'- ox
idetttifiBd to ate to be the person whose Warne is subescrihsd to t;:e
within instrument and acknowledged to me thet he executers ttt~ sala€~
IN WITNESS WfiER~CFr 1 have- hereunto set my hand and dff~.xed my
ogficial seas the day and year in this certiPieate first above
written.
~NE ~°` ~
~ti SptAgI~~,Q`
...~-
~~
i
a~`~~ .~i
otary bli fox ~P zda..,~
Re ~, i1S4--
My Commission Expires: ~ ~• ~ u • r,~r
f . _UU~
ifARRANTY DE~A - 3
wdc\LotuM. 6763\4TDeed
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
)
COUNTY OF ADA )
I, g L 2a3 ~ ~. ~ 5T ST~k?
(name (address)
being first duly sworn upon
~~Q-o~n~ [naHo 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:
~NSiC~HT ARLN-TEG?5 ~ L"If3`~ ~~oAi~ic/d3r /~tiiE.
(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 statements contained
herein or as to the ownership of the property, which is the subject of the application.
Dated this 18?H day of ~EgRci1 fty , 200 3
gnature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
~gN ~ J. ~'••.
.1 •••..•9~''.,•
tyoT~Ry ~~
~ +•.. ~ Notary Publ for Ida o
N pUB L1G ;• '~ -' Residing a
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'4'9T •'••••••• ~~,•'• My Commission Expires:
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MAR 07 '03 04:26PM NAMPA & MERIDIAN IRRIG P.2i12
RECORDEO-RE~UES7 OF
.tiDn CUUKTY RECGRDER ~~
~, gr~~10 ~~I~~RR;; Et~Ot=
zoolsL 19 a~t~-:oo i 0203 l 464
NAMPA-MER1DlAlV IRRIG.
LICENSE AGItEEI ~T~~~~~
LICENSE AGREEMENT, made and entered into this 1!~_ day of ~ 2002, by and
among NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under
and by virtue of the laws of the Stare of Idaho, party of the first part, hereinaRer referred to as the "District",
and
GARY BODILY AND DEBORAH I{AY BODILY, husband and wife
1900 Howard, Caldwell, Idaho 83606
party or parties of the second part, hereinafter collectively referred to as the "Licensee",
W~TI,I~SSETH;
WHEREAS, Licensee is the owner of real properly (burdened with the easement of the District
hereina8er mentioned) particularty described in the "Legal Description" attached hereto as Exhibit A and by
this reference made a part hereof, and,
~~l~A$, the District owns the irrigation ditch or canal lareoavn as HARD (hereinafter
referred to as "ditch or canal"), an integral part of the District's irrigation works and system, together with the
easement therefor to convey irrigation wear, operate, clean, maintain, and repair the ditch or Canal, and access
the ditch or canal for those purposes; and,
WHEREAS, said ditch or cartel and easement crosses and intersects Licensee's real property as shown
on Exhibit B attached hereto and by this reference made a part hereof; and,
W1-AREAS, the Licensee desires a license to engage in and/or approve previous construction or
activity affecting Said ditch or canal or the District's easemenR in its course a~cioss the lands of the Licensee in
the manner anti under the terms and conditions hereinafter set forth; and,
WHEREAS, it is necessary that the District protect absolutely its right to control any modification or
alteration of its watercourses and its right of way along its watercourses;
NOW, T'J-tEREFORE, for and in consideration ofthe premises and ofthe covenants, agreements and
conditions hereinaRer set forth, the parties agree as follows'
1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the
District's easement along said ditcl' or canal iat the manner generally described in the "Purpose of License'
attached hereto as Exhibit C and by this reference made a part hereof Any modification of said ditch or canal
by the Licensee or encroachment upon the District's easement along said ditch or canal 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.
MAR 07 '03 04~26PM NAMPA & MERIDIAN IRRIG P.3i12
,~.
2. 7"his agreement pertains only to the Licensee's modification of said ditch or canal or
encroachment to the District's easement for the purposes and in the manner described herein. The Licensee
shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter the diuh
or canal in any manner not described in this agreement without first obtaining the written permission of the
District, such permission shall not be unreasonably withheld.
3. Each facility ("facility" as used in this agreement means aay object or thing of any nature
installed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shall be
constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense
of the Licensee.
4, 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 water in the ditch or canal
or the delivery of irrigation water by the District;
c. an increase in seepage or any other increase in the loss of water from the ditch or
canal;
d, the subsidence of soil within or adjacent to the easement;
e, any other damage to the District's easemert and irrigation works.
5 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, 4.a. through 4,e., or any other damage to the easement
and imgatiop works which may be caused by the construction, installation, operation, maintenance, repair, and
any use of condition of any facility,
6. Licensee agrees that the work performed and the materials used in such construction shall at
all times be subject to inspection by the District and the District's engineers, and that final acceptance of 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.
7. The District reserves the right, at the District's option, to remove any facility installed by the
Licensee and to repair any alteration by the LiCeaisae of said ditch or canal and the easerr-etrt therefor which
does not comply with the terms of this agreement, and to remove any impediment to the flow of water in said
ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees
to pay to the District, on demand, the costs which shall be reasonably expended by the District for such
purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, 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 the Licensee prior to the District's perforn~ing 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
LICENSE AGREIrMENT -Page 2
MAR 07 '03 04~27PM NAMPA & MERIDIAN IRRIG P.4i12
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 theDistrict 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 of the District.
8. Neither the terms of this agreement, the permission granted by the District to the Licensce, the
Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or perfom~attce
of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, role,
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 ditches, canals, drains, irrigation works and
facilities which did not apply to the District's operations and activities prior to and without execution of this
agreement. 1n the event the District is required to comply with any such requirements or i5 subject to the
jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorised
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 agreemen shall be of no force and effect and the Licensee shall cease all activity and remove any facility
authorized by this agreement.
9. 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 DisVict by reason of the negligent acts or
omissions of Licensee or its agents, corntactors or subcontractors in perfornting the constriction and activities
authorized by this agreement.
0. The Licensee agrees that the District shall not be liable for nay damages which shall occur to
any facility, structure, plarn, or any other improvement of any kind or nature whatsoever which the Licensee
shall install on the said easement azea of the District in the reasonable exercise of the rights of the District in
the course of perfomnanee of maintenance or repair of said ditch or canal. The Licensee further agrees to
suspend its use of the said easement area when the use of the easement area is required by the District for
maintenance or repair under this or any other paragraph of this agreement.
11. l,ieensee shall place no structures or landscaping of any kind above within the District's
easemem area except as referred to in this agreement or exhibits hereto without the prior written consent ofthe
District, such consent shall not be unreasonably withheld.
12, Should either party incut costs or attorney fees in connection witl- efforts to enforce the
provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully
resisting enforcement of the provisions of this agreement, or the prevailing party incase suit is instituted, shall
be q~titled to reimbursement for its vests and reasonable attorney fees from the other party.
13. The parties hereto understand and agree that the District has no right in any respect to impair
the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any
rights in its irrigation works and system incompatible with the uses to wrhich such irrigation works and system
aze devoted and dedicated and that this eAntract shall be at aD times construed according to such principles.
LICENSE AGREEMENT -Page 3
MAR 07 '03 04~27PM NAt1PA & MERIDIAN IRRIG
P.Si12
14 , Nothing herein contained shall be construed to impair the right of way of the District in the
said ditch or canal and all uses of said ditch or canal by the Licensee arbd the license herein provided therefor
shall remain inferior and subservient w the rights of the District to the use of said ditch or canal for the
tra»smission and delivery of irrigation water,
15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms
and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the
District, and airy facility, structure, plant, or any other improvement in or over said ditch or canal, and the right
of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the
pistsict with its equipmerr[ for the maintenance of its said ditch or canal maybe removed by the District. Tk-e
District shall give reasonable notice to the Licensee prior to tenrunation.
16. The Licensee agrees to pay attorney fees or engineeritlg fees charged by the attorney for the
District or by the engineers for the District in connection with the preparation of this License Agreement or in
connection with negotiations covering the terms and conditions ofrhis License Agreement. Licensee also agrees
to pay an fees incurred in connection with raording this Agreement.
17. Nothing in this agrcement shall create or support a claim of estoppel, waiver, prescription or
adverse possession by the Licensee or any third party against District.
18. This agreement is not intended for the benefit of any third party and is not enforceable by any
third party.
19. If any provision of this agreement is determined by a court of competent jurisdiction to be
invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in full force and
effect.
20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and
feminine genders, the singular number includes the plural, and the plural number includes the singular.
The covenants, conditions and agreements herein contained shall constitute covertar-ts to run with, and
runnir~; with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the
parties hereto and an all parties and all persons claiming under them or either of thear-, and the advantages
hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns.
NAMPA,&~1VIERIDIAN IR,RIGAT'ION DISTRlC7
~~ ~, `~~
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~r~~~E~GttEEMENY -Page a
By
Its
MAR 07 '03 04~28PM NAMPA & MERIDIAN IRRIG P.6i12
GARY BODILY AND DEBORAH KAY BODILY,
husband and wife
Gary Bodil
Deborah Kay Bodily
STATE OF IDAHO )
ss:
County of~ )
On this ~ day of 2002, before me, the undersigned, a Notary Public in and
for said State, personally appeared ~j~r 11 d Ll ~ba~.h ~ ~' ~y ~ wo`'''n to me to be the
fJuSG~v'INd ~ cc./i~e that
executed the foregoing instrument and acknowledged to rroe that such irrigation district executed the same.
IN WITNESS VVI~RBOF, I have hereunto set my hand and affixed my official seal, the day
and year in this certificate first above written.
STATE OF IDAHO
~~~4N A J ~'`C •.
ltoT~q~,
~ ~~
.~ OF 10~"~;~
Notary Pub for I o ,
Residing at Idaho
My Commission Expires: `~~`/~7
On this day of 2002, before me, the undersigned, a notary public
in and for said state, personally appeared ~l (d.~ C k 4 l,I+~N ~ o aN known to me
to be the ~aNivj `,,~$ Say that executed the foregoing instrument, and aeWnowledged to me that they executed
the same.
County of ~dd~l
IN WITNESS WEIEREOF, I have hers
and year in this certificate first above ~ ea.
O~1lN~ N
» Np~'~4'0
AG `~~ ~~
0 eve„„
LICENSE AGREEMENT - Pa .;, ;',!;; ;.~•`'
;unto sec my hand and affixed my official seal, the day
Notary Public r
Residing at 1
My Commission Expires:~ffl~~[~~
~ ~~n~~r ~ i ~t, ~.JVHV~.
°~~~• ="MAR 07 '03 ~4:28PM~f~MPA & MER~I~IAN IRRIG
P.7i12
!~ - fga~~~sa Ks ' '~
d9
;.Gk CtASN1Y RE~bR~R
~. AAX10 k RPa
po~s~. i~`~a FEE QEPUT -
2~rt.~zo ~n 2~ oz 1000565 ! 3
~~srt~s
9'I~CIAL ~itABA1~N'P3C DEED
FOR VArt1B gHC$IVP.A, IQIRtROOD p- LO~ft. aka 14th p. LgRR~ an
ein~axried man ~ hes^einAlter rof et-red to $s tba Grantcar, herekty
c~atitB, bas~ga3hs, sells and grvays urtta ff7liti ~~~ alts ~~
uY yq®~,i, (-nabahd and vi.~e,19Q0 Howard, Caldatall, I$etho 836oS,
hersistaft$s refezx+ad ~ aB the Grantee, the follot~ieg 4e¢ctibad
pra7.iasc aituatsd in ails County, State of Idaho, #,o-Wi't:
That C®xtain parcel of land located in the ~utdwe~t
Qt1a'7rtez oP the 6outhwast Q9artas of Section 13,. Tottf-ahip
3 IJos tn, Rany~a i heat, Hvlsa Ksridian, M~ country, Ydaha.
ooze partSCUlarly desCrlAed as fv13.o+sa~
Cowaeacinq at thA section corner common to Sections la,
19, 2I, and Z4, Tawttahip 3 North, Range 3 gent, 8oiae
MaziQlan, Bnid cornear being the FoINT OF HF.sIN1~lYNG
Thence R aQ°a3"06" S, along the west bouundary of
said Section 13, common Go the ~nntsrline oP Linder Road,
1113.4 Filet to a point on the southerly right-of--tray of
Interectate SigAway :-83, g.A.'P. lio. I,at]IS-1(12)37;
- Tbettca S 9g'31~7.5" E, along Band southerly right-of-
~iday, 629 . Be feet to a point;
Thenoe s o0°33'06' ii, parallel to the neat AoundarY o~
9eCtio21 13, 1118.41 £eek to a polflt on the sAtlth boundary
of section 13T
Thence N 89'0?' p7" W, along said south bo~~r5'.
Cattmson to the centerlftte of Overland Rvad, 623.8A feat to
fihe pOIW'f OP BEGIHRING.
TOGETHER with all water and irrigation rights, ditchva and
ditch rights, • irrigaCion fixtures, and equipeoent, if arty,
asgaciat:ed with, or located upon, the real ptoperty.
sUB.TEc.`T to
(1) RflaZOaalsmants, ovatlape, bottndasy lino disputes, artd any
other ~ttere which woul4 be diaclased by an acpttrata
survey or inspection of the gremises.inalydinq~ butt not
itARRI1NTY pEEA - i
Exhibit A, page 1
/n: \7 YLG111\VII I I lul. N
~~n• `MAR 07~~'03 04~28PM NRMPR & h~RIDIAN IRRIG
limited to, eaeese~llCe or claims of easa~a®nte not snovn dy
b?-e publLc records;
(2) reservations ox eYCeptiona iri patents or in Acts
authQrizi-:g the iea/wee the_eof ;
(9) General taxes for the year 2000 I,fiich are a Tian but are
nOt yet dws and payable. The l~fd deeorilsed dttoVe~ ie
located within the boundaries of the CITX OF NBRID~AIi and
is sgbjsct to nny~seaes~epts ier-ied thereby; ~
fz) The .isari doac7tibed herein is located within the
bonndar• ias of the NAI+~FI.~FRIDI'.71oT IF.e I~ATi.ON Li~eTF+ci' and'
is subject to any as8eseaents levied thereby;
(5 ~ Right-of -gray for fi71EtDIN DRJIIN and th® Rightc of 1~ocess
triereto for maintenance afi Said T.ateralf
(o) Rights-of~lray Eor Cvex'laad iLoad and Linder Aot-d; and
(7) Conditions, restrictions and access rights 1ir~ savor of
ttla State of ;daho as disclosed by that certain Deed
recorded Hay a, is57 ae Instxument No. 6632x7.
T~gTHpi with all a»d singular the tenementB, hereditaments,
end appurtenaM"a<s ther~unta belnnginel ar in anyway appertaining,
the reve~ralon and reversions, remainder and remainders, rents,
interest in and lto the property, seawall sin tlav asgin~ equltY• and
TO Hl-VE AND TO l~OLp nll a»d singular the proprxCy, together
with the appurtenances, unto the Grantee, Grantees successors,
heixs and asBigne~ fior~ver.
lll(p Grantor shalt and xill ~-arrant sad by these presents
=orever defend the prumi~ls in the quiet and peaceable po6ssaal.o»
of Grant6e,•Grar~teG's ¢nocessora, heirs and assigns against Grantor
Apd grantor+s sgcceseore+ heirs and assigns and against all and
eveary person and pexson6 whoseoavar levlally claiming the saaw.
IN WITNESS vRtEREoF, GZantar has hereunto eXeauGed this Deed
the ~~_ 4ay of ,~ur_v zoap_
T
!1a opd p. Mohr a jk e
Kark D. Lohr
P.8i12
Exhibit A, page 2
i~ILRRAIiTY DEED - z
i~C\ZpAXIK, 6769\IfDeed
~~~`• =T1AR ®~ •'93 04:29PN NAMP~1 & I`'~RIDIAN IRRIG P•9i12
3TAT~ OF IpAHo )
A9.
Cou1-ty of Ada )
on this _,.(~,- day of , 2000, bazars me, the under-
signed Notary Public in and r sa d 3tats, pereorall} appeared
!l~RiMOOD A- baYS a[1k[a loLpl[ D. LQ$A~ ar. uneaxCied aan, Yririvri ar
ielBntified to me to tie the person trhose »~e is stibacrik~d to t„8
stitbin instrument and acknovladged to me that he wcect~ted the sANe.
ZN WITNESS WNERWOF, I have horounto set my band an8 aff~.xed my
aPEiciai seas the day and year in thin certificate tirst above
writtsn.
atarp bii for Qi ZQ
~~t1.Sa-~~- -
My Coesniseiari Expltes:...,Lf~ - «~~
s~A~rrx o~eo - ~
-r3c~LOM`I.6767~11bead
Exhibit A, page 3
MAR 07 '03 04~29PM NAMPA & MERIDIAN IRRIG P.10i12
exhibit B ~]n(~:{~ ~ 8 0 ~]
MAR 07 '03 04~30PM NAMPA & MERIDIAN IRRIG P.11i12
E
purpose of Liven-s~
The purpose of this License Agreement is to permit Licensee to pipe and relocate of a portion of the
Hardin Drain, all within the property described in Exhibit A, located northeast of the intersection of Linder
Road and Overland Road in Meridian, Ada County> Idah°•
E
Special Conditions
a, Construction shall be in accordance with certain plans consisting of two sheets: sheet C 1
2001; and sheet C2
entitled "Hardin Drain Relocation Plan,,' bearing engineer's stamp dated lanearys2t2~, p meted January 22,
entitled `~-latdin Drain Relocation Plan, Ditch Profile/Details," bearing engine
2001. These plans have been delivered to the Distrid's water superintendent, are in his possession in his
offices, and are hereby incorporated by this reference.
b. Licensee shall convey to the District an easement for that section of the Hardin Drain relocated
by Licensee under the terms of this agreernerit. lrxecution and dclivety of said easement are material and
essential terms of this agreement and if not executed and delivered, at the option of the District this agreement
may be terminated and be of no force and effect. Upon request by Licensee and submission of a legal
description to the District, the District slrall relinquish its easement along the Hardin Amin where it has been
replaced by relocation of the Hardin Drain.
installation, and backfill shall, at a minimum, meet the requirements of the District
~. The pipe,
and standard speeifrcations for such materials and construction, as see forth in the Idaho standards for public
works construction or other standards recognized by the city or county in which the pipe is to be placed.
d. Supplementing paragraph 9 of this agreement, within one week after construction and
installation of the ditch Arid Pipe for the Hardin Dran- is completed, the Licensee shall provide the District
written notice that the facilities installed and work performed by the Licensee are ready for final inspection and
approval by the District. Within one month after receiving such written notification from the Licensee, the
pistcict shall perform an inspection and, if the facilities have been constructed ate installed and all work has
been performed in compliance with the terms of this agreement, the District shall provide written notice to the
Licensee of final approval. If the District's engineers perform such inspection, Licensee shall pay the District's
engineer, any reasonable charge in connection therewith.
e, The Licensee shall ~t fill, alter, or perform any work affecting the Hardin Drain or the
District's easement for the Hardin Dram, and the Hardin Drain shall remain open and serviceable for use and
maintenance by the District for all irrigation purposes until and unless the Licensee has received written notice
from the District of final approval of the construction and installation of the new ditch and pipe for the Hardin
Drain as provided in paragraph d. of this agreement. After the Licensee receives notice of final approval from
the District, and upon request by Licensee and submission of a legal Bela ndpbo o a~Dl o Ha ~ DD pct
shall relinquish its easement along Hardin Drain where it bas been rep Y
Licensee shall be responsible for operation and maintenance associated with the Licensee's backfill of the
Hardin Drain. Licensee further agrees to indemnify, hold harmless and defend the District from any injury,
LICENSE ACrREEMENT -Page 6
MAR 07 '03 04~31PM NAMPA & MERIDIAN IRRIG P. 12/12
damages, claim, lien, costand/or expense (including reasonable attorney's foes) incurred by, or asserted against,
the District by reason of drainage or seepage associated wrth the Licensee's backfill of the Hardin Drain.
f. With respect to the relocation of the Hardie Drain, the District shall continue to have the right
and responsibility for operation and maintenance of the Hardin Drain, however, Licensee shall be responsible
for operation, maintenance, and repair associated with the Licensee's relocation ofthe Hardin Drains, including
rehabilitation or replacement of the pipo, ditch and rehabilitation of the District's easement, for a period of throe
years from the date of this agreement, and the Licensee shall be responsible for any increased operation,
maintenance and repair Costs associated with the Licensee's relocation ofthe Hardin Drainthereafter,including
increased operation, maintenance and repair Costs associated witl-1a~scaping, trees and tree roots installed
an,y
within the District's easement. Maintenance shall include, but trot be limited to, the removal and disposal o
silt, gravel, plant material, and all trash and debris which tray accumulate rn the ditch. Repairs shall include,
but not be limited to, all repairs necessary to preserve the structural integrity and unobstructed flow of water
through the Hardin Drain and preveNt the loss of water from the Hardin Drain. If the Licensee shall fail in any
respect w properly operate, maintain and repair such portion of the Hardin Drain, 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 the LicenseeCprl~ ptheWDis h~s p~~p ~n g e surCh no~ce as
repair or other work except that in cases of emerges y
reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind
by Licensce or airy third party agautst 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 the terms of this paragraph except for claims arising solely out of the negligence
or fault of the District.
g. With respect to the relocation of the Hardin Drain, the provisions of sections 3, d, 5, 6, 7, 8,
9, and 14 of this agreemem ist~rrct s ~ appd bal of~the iffr~utallation of the~relocatpaon ~e expiration of three
years from the date of th
h. Supplementing paragraph 10 of this agreetnerrt, rho Licensee agrees that the District shall not
be liable for any datttages which shall occur to the pipe installed by the Licensee m the reasonable exercise of
the rights of the District in the course of performance of maintenance or repair of said ditch or canal.
i. The District's easement along the section of the Hardin Drain as relocated remains the same
as prior w relocation of 40 feet, 20 feet to either side of the centerline, and shall include all casements for the
Hardin Drain described herein.
lC, Licensee shall not excavate, discharge, place any structures, nor plant ~~ the D~strict's
landscaping within floe District's easements, nor perform any construction or activity
easements for the Hardin Drain except as referred to in this agreeartent or exhibits thereto without the prior
a+ritten consent of the District.
1, Construction shall be completed within one year from the date of this Agreement. Time is of
the essence.
LICENSE AGREEMENT -Page 7