NMID License Agreement /Surety
Proposal
POWER ENTERPRISES
16131 Frankl in Road
Nampa, ID 83687 '
Phone 208 461-4670 Fax 208 461-4354
PROPOSAL SUBMITTED TO: PHONE: - DATE: 7/16/2013
Jordan Wilcomb Construction Bill Moone
STREET: JOB NAME/LOCATION:
Coleman Office Buildin
CITY, STATE and ZIP CODE: DATE OF PLANS:
7!2/2 013
ID Bureau of Occupational License # RCE-616
State of ID Public Works License # 16668-AAA-4
Item Description Quantity Unit Unit Cost Sub-Total
1 Sprinkler System 1 Is $5,550.00 $5,550.00
2 Sleeving 1 Is $490.00 $490.00
3 MachineJCrewGrading 1 Is $950.00 $950.00
4 Bark/Mulch 103 cy $62.00 $6,386.00
5 Plants: 5 gallon 198 ea $38.00 $7,524.00
6 Plants: 3 gallon 163 ea $28.00 $4,564.00
~ Plants: 2 gallon 41 ea $21.00 $861.00
8 Plants: 1 gallon 170 ea $12.00 $2,040.00
9 Trees: 8'-10' 16 ea $245.00 $3,920.00
10 Trees: 2" Deciduous 26 ea $225.00 $5,850.00
it Topsail 120 yds $22.00 $2,640.00
12
13
14
15
Total $40,775.00
~~
QUALIFICATIONS
Aaron Dressen
989-5619
All material is guaranteed to be as specified. All work to be completed in a workmanlike Note: This proposal
manner according to standard practices. Any alteration or deviakon from above may be withdrawn by us
specifications involving extra costs will be executed only upon written orders, and will if not accepted within 30
become an extra charge over and above the estimate. All agreements contingent upon
strikes, accidents or delays beyond our control. Owner to cony fire, lomado and other days.
necessary insurance. Our workers are fully covered by Workman's Compensation
Insurance.
Acceptance of Proposal--The above prices, specifications and conditions are Signature
satisfactory and are hereby accepted. You are authorized to do the work as specified.
Payment will be made as outlined above. Slgnature
Daie of Acceptance:
i
I~ gs~~
I
7/19/2013 proposal
Project: Coleman Homes Owner/Contractor: Jordan-Wilcomb Construct
Location: 3103 W Sheryl Dr Engineer: Engineering Solutions
Meridian lD Date of Plans: June 25, 2013
Curb & Gutter (20) Aggregate Base 640 LF @ $ 3.96 $ 2,534.40
Prep
Sidewalk Prep (23) Aggregate Base 4050 SF @ $ 1.13 $ 4,576.50
4" Sewer (24) Sewer Service, Dig & 195 LF @ $ 36.49 $ 7,115,55
Backfill, Pipe & Fittings
(25) ROW Demo Concrete 1520 SF @ $ 3.79 $ 5,760,80
& Asphal#. Replace Pit
Run & Road Mix
Sections
(26) ROW Type P Asphalt 1520 SF @ $ 2.66 $ 4,043,20
Patch Back
Fire Hydrant, (27) Dig 8~ Backfill 1 EA @ $ 10,616.50 $ 10,616.50
Valves & Pipe
2" Water Service (28) Domestic Water 8~ 1- 112 LF @ $ 42.57 $ 4,767.84
1/2" Meter Setter)
Storm Drainage (29) Seepage Beds 1 EA @ $ 11,444.80 $ 11,444.80
(30) 1000 Gal Sand & 1 EA @ $ 3,958.30 $ 3,958.30
Grease Tanks
(31) Dig &Backfill Pipe & 395 LF @ $ 22.97 $ 9,073.15
Fittings
(32} 2 -Drain Inlets, 1 - 4 EA @ $ 1,247.40 $ 4,989.60
Manhole & 1 - 30" RD
Manhole
Trash Enclosure (33) Dig &Backfill 1 EA @ $ 951.00 $ 951.00
Demo Work (34) Concrete 480 SF @ $ 1.95 $ 936.00
(35) Asphalt 5400 SF @ $ 0.18 $ 9 2.00
Signage & (39) ADA Signs & Parking 1 LS @ $ 896.00 $ 96.00
Striping Stalls
Mobilization {40) 1 LS @ $ 1,560.20 $ 1,560.20.
Permits 8 Fees (41) 1 LS @ $ 448.00 $ 448.00
Total $ 153,979.54
~~/ ~.c~a
~~
BID DOES NOT INCLUDE THE FOLLOWING:
q~_~ ~~
.,.,~
1. Engineering /Surveying !Layout , , ~ ~ ~
2. Permit /Fee's /Bonds ~ ` ~ ~ , r ~~,
:,,
3. EPA Notice of Intent or SWPPP sign . ~-
~---4 Well Abandonment ----~- ~ ~~~~~-~~-~`~`'~~~ ~~~~`
5 Utility Relocates or Abandonments, Electrical, Gas, Fiber or Phone
6 De Watering
7 Structural Fill Under Footings or Slab. No Geo Report
8 Under Slab Vapor Barrier
9 Fire Line by others
2 of 3
f~ ~ ~ .
/ V~
1503 FIRST STREET SOUTH
FAX x#208-463-0092
Kathy Stroschein
Engineering Solutions LLP
1029 N Rosario St. # l00
Nicridian ID 83642-809
RE: Coleman Homes -Ten >v'lile Office Building
Deaf Kathy:
rJAMPA, IDAHO 83551-439
nmid.org
OFFICE: Nampa 2C8-abb ; 86 i
Sr+CP: Namr}a 208-465 Qo5
Nampa ~~: titeridian Irrigation District (NM[D) has linishcd its rer•icw of this propus~d project
along the District's F,ighl Mile Lateral, in Meridian.
}'Ian, shave Ic~r an office huilding to be built next the Uish•ict's ~i~ht Mile lateral which has
,-n rascntcnt of sixty feat (GC)'}; thirty feel (iU') each side t1•om centerline. "Cherc appears to be
encroachments, ~~ilhin NMID's C1SCIlltrlt, of patios, brick pavers, and some miscellaneous
landscaping us well as an existing fence.
I~his ~~~ill all be acceptable to NMID provided a License Agreement is obtained fir these
crmraachmc:nts. Please contact the District's attorney, E3ryce rar~-is at 629-7447 and ask that hr
prepare this document. Unce this agreement has been signed, and returned it will he presented
to the District's Board of Directors for their consideration at the next available hoard meeting.
"f his akrcentent must he sigucd and approved before any caustruction is started.
11' you har c any further yucstions, please feel free to give me a call.
Sinrerel\'.
~.-~~" ~
( irr~~ ~. ('urns
\1'atrr ~upcrintendent
N:unpa .~ \~lcridian Irrigation District
I'(' 13. I :nris, auornrv
:\. \tadrn.:\~t. \4'ater Supcrintritalent
t). lhnall. ('re~~ h~urcman
l:i~lr~ -I
l 11.• t>lliic'
iii:-~1'J. i'-. ..:i. •:_ iil(_,F'~ ~ ~. ...
DATE: 14 August 2013
T®: Sawtooth Law Offices, PLLC
FROM: NAMPA & MERIDIAN IRRIGATION DISTRICT
License Agreement(s) Approved
Board Meeting 6 August 2013
License Agreement 15 pages
Coleman Homes, LLC
Instrument #113091137
ADA COUNTY RECORDER Chrisiopher D. Rich AMOUNT .DO 15
BOISE IDAHO D8109113 09;00 AM ~II I'I~"II~I'I'I~IIII'I~II'I"I) I'II
DEPUTY Vicky Bailey
RECORDED-REQUEST OF 110'9113 r
Nampa & Meridian Irrigation
LICENSE AGREEMENT
This LICENSE AGREEMENT, is made and entered into this ~? day of ,2013,
by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district rganized and
existing under and by virtue of the laws of the State of Idaho, hereinafter referred to as the "District", and
COLEMAN HOMES, LLC, an Idaho Limited Liability Company,
1859 S. Topaz Way, Ste. 200, Meridian, Idaho 83646
hereinafter referred to as the "Licensee",
WIT.NESSET,H:
WHEREAS, the District owns the irrigation ditch or canal known as the EIGHT MILE 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 deed attached hereto as Exhibit
A and by this reference made a part hereof; and,
WHEREAS, the ditch or canal crosses and intersects the real property described in Exhibit A as
shown on Exhibit B, attached hereto and by this reference made a part hereof; and,
WHEREAS, t11e 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 ofthe covenants, agreements and
conditions hereinafter set forth, the parties agree as follows:
LICENSE AGREEMENT -
A. Acknowledgment of the District's Easement.
1. Licensee acknowledges that the District's easement for the Eight Mite Lateral 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 of 60 feet, 30 feet to either side
of the centerline.
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 drain in the manner described in the "Purpose of License" attached hereto as
Exhibit C and by this reference made a part hereof.
2. Any crossing, encroachment upon or modification of the ditch or 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 oftheditch orcanal and/orthe District's easement for the purposes and in the mannerdescribed
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 oftitle to the property or should the rights obtained
prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim
by any party arising out of or related to such failure of rights and at the option of the District this License
Agreement shall be of no force and effect.
C. Facility Construction, Operation, Maintenance and Repair
l . Licensee agrees thatthe work performed and the materials used in any construction permitted
by this License Agreement shall at all times be subject to inspection by the District and the District's
engineers, and that final acceptance of the such work shall not be made until al l 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
LICENSE AGREEMENT - 2
installed by the Licensee on, over or in the vicinity of the District's easement) shall be constructed, installed,
operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee.
3, Licensee agrees to construct, install, operate, maintain and repair each facility and conduct
its activities within or affecting the District's easement so as not to constitute or cause:
a. a hazard to any person or property;
b. an interruption or interference with the flow of irrigation or drainage water in the
ditch or 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; erate clean,
e. an interference with the District's use of its easement to access, op ,
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.f., or any other damage to the
easement and irrigation works which may be caused by the construction, instal lation, 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 ofthe circumstances enumerated in the preceding paragraph, 3.a. through 3.£,
or any other damage to the easement and irrigation 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 al l 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
shalt indem»ify, 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 from any work which unreasonably
exposes the District's employees and agents to the risk of harm from electric power lines, or arising solely
out of the negligence or fault of the District.
ID. District's Rights Are Paramount
I . 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 ofconveying irrigation water
to lands within the District or draining 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 Ilas 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
LICENSE AGREEMENT - 3
to which such irrigation or drainage works and system are devoted and dedicated and that this contract shall
be at all times construed according to such principles.
3. Nothing herein contained shall be construed to impair the ditch or drain or the District's
easement, and all construction and use of the District's easement by the Licensee and the license herein
provided therefor shall remain inferior and subservient to the rights of the District to the use of the ditch or
canal for the transmission and delivery of irrigation water or transmission of drainage water.
4. The Licensee agrees that the District shall not be liable for any damages which shall occur
to any facility in the reasonable exercise of the rights of the District in the course of performance of
maintenance or repair of the ditch or drain. The Licensee further agrees to suspend its use of the said
easement areas when the use ofthe easement areas is required by the District for maintenance or repair under
this or any other paragraph of this License Agreement.
5. In the event of the failure, refusal or negleci of the Licensee to comply with of I 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.
1. Neither the terms of this License Agreement, the permission granted by the District to the
Licensee, the Licensee's activity which is the subject of this License Agreement, nor the parties exercise of
any rights or performance of any obligations of this License Agreement, shall be construed or asserted to
extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of
any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its
drains, drains, irrigation 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. Yndemnification
1. Cn 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.
LICENSE AGREEMENT - 4
G. Fees and Costs
l . The Licensee agrees to pay attorney fees and engineering fees charged by the attorney for
the District or by the engineers for the District in connection with the negotiation and preparation of this
License Agreement.
2. Should either party incur costs or attorney fees in connection with efforts to enforce the
_ provisions ofthis License Agreement, whether by institution of suit or not, the party rightfully enforcing or
rightfully resisting enforcement of the provisions of this License Agreement, or the prevailing party in case
suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other
party. .
H. Miscellaneous
l . No Claims Created. Nothing in this License Agreement shall create or support a claim of
estoppel, waiver, prescription or adverse possession by the Licensee or any third party against the District.
2. Assi ng ment. 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 ofthis 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 ofthis License Agreement is determined by a court
of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions ofthis 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 ofthis License Agreement,
and are not intended to be aids in interpretation of any provision ofthis 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 shat l 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 ]for Licensee
5525 East Greenhurst
LICENSE AGREEMENT - S
Nampa, ID 83686
Notices shall be deemed to have been delivered upon hand deposit in the United States mail as
provided above.
7. Counterparts. This License Agreement 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
fast 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 & MERIDIAN IRRIGATION DISTRICT
®~CIAf.OG
~~ ~y B its President
l,~ibN y71
ATTEST:
E~c~
Its Secretary
COLEMAN HOMES, LLC, an Idaho Limited Liability
Company,
By: Coleman Communities, lnc., the Manager
By: Thomas M. Coleman, Jr., President
STATE OF IDAHO )
ss:
County of Canyon )
On this b day of ~ ~ , 2013, before me, the undersigned, a Notary Public in
and for said State, personally appeared Grah Paterson and Daren Coon, known to me to be the President
and Secretary, respectively, ofNAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation districtthat
executed the foregoing instrument and acknowledged to me that such irrigation district executed the same.
IN W ITNESS W HEREOF, I have hereunto set my hand and affixed my official seal, the day
LICENSE AGREEMENT - 6
®®9®09oieeA
and year in this certificate fie~$1~~c~v~re~,m~o
®' ®~ . Notary Public ~r Idaho
Residing at ~i~.•,-per ,Idaho
~.
-;p My Commission Expires:1C1~01
STATE OF IDAHO ) ''®eeeaae®e®'
)ss.
County of Ada ) ~-
r
On this ~~ day of 20]3, before me, the undersigned, a notary
public in and for said state, personally ap a red T as M. Coleman Jr. known to me to be the President
of Coleman Communities, Inc., the Man er of COLEMAN HOMES, LLC, the entity that executed the
foregoing instrument, and acknowledged to me that said entity executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, t day
and year in this certificate first above written. ~ ® _ ~ , ~
4~'~s.. ; ~3 ~*
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N tary Public for
R siding at
My Commission
LICENSE AGREEMENT - 7
ADA COUNTY RECORDER Christopher D. Rfch AMOUNT 10.00 1
~- BOISE IDAHO oaia3~zo~3 oz:2laPM
C DEPUTY Bonnie Oberbilli9ll~'~II~'III~~IIIIIII~II'II'I~lu~l'~II'~I'IZII~I~I~~'I~~I~~~I
SlmpllIDe Electronte Recording
T OF
~ a.
P i o n e e r~ f fit e RECORD);D-REQUES
ADA C 1130357
,.:r~ u o~ n n ~ r r o n ~ PIONEER TITLE COMPANY OF
~./ 5680 E. Franklin Itd„Ste. 150
Nampa, TD 83667 ,
ELEOTRONICALLYREOORDED-0ONOT
REMOVE THE COUNiY STAMPED FIRBT
PAOEA8tTISNOWINCORPORATEnAB
PART OP THE ORIGINAL DOOUfdEttT
~ WA1titAN'C'Y DEED
_
Far Value Received
Coleman Home3, LLC, an Idaho limited liability tympany
hereinafter referred to as Grantor, does hereby grant, bargain, sell, warrant and convey unto
Coleman Homes, LLC , an Idaho Limited Liability Company
hereinafter referred to as Grantee, whose current address is 1859 5 Topaz Way Ste 200 Median, lD
83646
The following described premises, to-wit:
Lal 39 in Hlock 1 of T~btima Meadows 5ubdlvfs[on, aceordin$ td the plat thereof: filed in Book 91
• of Plats atPage(s)1Q784d0791, records ofAde County,Idaho `
To HAVE ANl? TO HOLD the'said pr~cmises, with'their appurtenances ugtn the said C3rarita(s), slid
Grantees(s) heirs and assigns forever. And iho bald Grantor(s). does (do) hcrek<Y covenant to a~ with the
said Grantee(s), the Grantor(s) is/arc the owner(s) in fcc simpic of said premises; that said premises sic.
frcc,from all encumbrances EXCHPT those to which this conveyance is exp[tssiy msdo aubjectaad those
made, suffered or done by the Grantee(s); ,and subject to U.S, Patent reservatione, restrictions,
dr»tlicat{ons, casements, rigii,ts of waY and aigei'ruenls, Cif any) of record, srid currcntyeais texts, levies,.,
acid assessments, inC{odes irrigation and utility assessments, (if any) whioh atcngt yet_due and payable,
and that t.:rantor{s) will warrant and defend the same from ail lawful oleims whatsoever.
Dated; Apri12, 2013
Coleman Homes, LLC
by: Coleman mm-mities, Itic ena£ec`
Hy: _ '~
Thames Coleman, Jc, Its President
State ofIDAHO
ss. ,
County of ADA
Oa this ~ daq of _ ~~~~~i 2013, before me, the undersigned, a Notary Public mines
for said State, personally appear Thomas M, Coleman, Jr., President of Gateman Communities,
Manager of the Limited Liability Company that exxuted the foregoing instrument, and acknowledged to
ma that such Limited Liability Company executed the same.
S MY HAND A OFCTAL 98AL (SEAL)
~" ~ ..
N cry Publio
Resiiing'ati
Commission Patiding 8tc N1e.• a, 1D
Commission Expires: 3/10115
Exhibit A
EXHIBIT B
Property/Canal Crossing
See Exhibit D-1 attached Hereto.
EXHIBIT C
Purpose of License
The purpose of this License Agreement is to permit Licensee to:
1. construct and install patios, brick pavers and landscaping (excluding trees) within the
District's easement for the Eight Mile Lateral,
all within Licensee's real property described in ExliibitA, Lot 39, Block 1 ofTiburon Meadows Subdivision,
located southeast of the intersection of Ten Mile Road and Cherry Lane in Meridian, Ada County, Idaho.
No other construction or activity is permitted within or affecting the ditch or canal or the District's easement.
EXHIBIT D
Special Conditions
a. The location of the improvements permitted and approved in Exhibit C shall be in
accordance with Exhibit D-1 attached hereto and by this reference incorporated herein.
b. There is also an existing fence on Licensee's property which is within the District's easement
which. was approved by a prior License Agreement between Licensee's predecessor and the District, dated
November 5, 2004, recorded as Instrument No. 104143989, Records ofAda County, Idaho, and said License
Agreement remains in full force and effect.
c. Licensee aclaiowledges and. agrees that should the patios ,brick pavers or landscaping need
to be removed in order for the District to access, operate, maintain or repair the Eight Mile Lateral, it shall
be Licensee's obl igation and cost of removing or replacing said improvements. Licensee further agrees that
the District shall not be liable for any damages which shall occur to the improvements in the reasonable
exercise of the rights of the District in the course of performance of maintenance or repair of the Eight Mile
Lateral.
d. Construction shall be completed within one year of the date of this agreement. Time is of
the essence:
LICENSE AGREEMENT - 8
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