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HomeMy Public PortalAboutLift Station AgreementLIFT STATION AGREEMENT This Agreement is made effective October 19, 1992 by and between the City of McCall, an Idaho municipal corporation ("City"), Brown's Industries, Inc., an Idaho business corporation ("BI"), and Malcolm Scott, of McCall, Idaho ("Scott"), for and in consideration of the mutual promises in this Agreement. BI and City entered into a Subdivision Agreement dated June 8, 1992, respecting Payette Lakes Commercial Center, which called for the construction of a sewer lift station at the southerly end of that Center, and of a gravity sewer line serving the Center flowing to the lift station, and of a pressure line from the lift station back north to the City sewer line in Deinhard Lane. A copy of this Subdivision Agreement is annexed as Attachment A. Subsequently BI and Scott entered into an Agreement Regarding Sewer Hookup effective October 19, 1992 which provided for their mutual construction of that lift station, to be relocated at the southerly end of Scott's property which lies across Jacob Street to the south of the Center, with attendant lengthening of the two sewer lines. A copy of this lift station agreement is annexed as Attachment B. City consented to that relocation of the lift station. City contemplates the construction of an airport basin sewer interceptor, to which the gravity sewer line would ultimately be connected. The design for such interceptor was approved by the City Council in November, 1992; but a timetable for its construction and a plan for its financing have yet to be adopted, and its completion thus cannot be guaranteed. BI and Scott have granted each other reciprocal easements to provide for the location, use, repair and maintenance of the sewer lines under an Easement Agreement of November 23, 1992, a copy of which is annexed as Attachment C. This Agreement is intended to provide for the ownership, operation and maintenance of the lift station and of the related gravity and pressure sewer lines, and of the easements necessary to protect the location, use, repair and maintenance of the lines. LIFT STATION AGREEMENT page 1 o 10. 11. City will assume as against the State of Idaho, the United States, and the regulatory agencies of both, the obligation to operate and maintain the sewer lift station. BI and Scott in turn shall each have the duty. to inform the City promptly of any known or suspected malfunction in any part of the sewer facilities addressed by this Agreement. City will contract with ?ayette Lakes Water and Sewer District for the maintenance of the lift station, in that such District's office and maintenance headquarters is on Jacob Street. A copy of such contract is attached as an Attachment D to this Agreement. BI and Scott will be jointly and severally liable to the City to reimburse the Cit~ all amounts billed to City by such District under the contract a copy of which is attached as Attachment D, plus an overhead, service and handling charge. Such charge shall be 15% of the flat rate monthly charge, and 5% of any other amounts billed by the District to City in respect of this lift station 'and pressure line. City shall render its statements to BI and Scott care of BI at its address for notice below. In the event of any default by the District under its agreement with the City, Attachment D, such that the lift station requires operation, maintenance or repair which it is not receiving, City may undertake to perform the operation, maintenance or repair· In such event, City will bill BI and Scott, as above stated, its charges for performance of these services. Such charges shall be in the amount of the flat rate agreed in Attachment D, plus the costs of repair. Such costs of repair shall be computed as follows: actual out of pocket payroll, commercial rates for equipment used, and an allowance for fuel, oil and overhead. BI and Scott will dedicate to the City, upon acceptance by the City, all gravity flow sewer lines involved in their mutual project, and shall retain ownership of all pressure line(s) and of the pump(s), housing, electrical controls, and all other equipment needed neither for gravity flow to the lift station, nor for future gravity flow beyond the lift station. Dedication of the sewer line shall include grant of an easement for its use, repair and maintenance, including replacement in whole or part, all as appropriate in the opinion of the City. BI and Scott remain responsible for the maintenance and repair of the pressure line. In the event of any default by them such that the pressure line requires LIFT STATION AGREEMENT page 2 12. 13. 14. 15. maintenance or repair which it is not receiving, City may undertake to perform the maintenance or repair. In such event, City will bill BI and Scott, as above stated, its charges for performance of these services. Such charges shall be computed as follows: actual out of pocket payroll, commercial rates for equipment used, and an allowance for fuel, oil and overhead. Connections to the gravity flow lines by individual land users shall be by application to the City. In the event that City connects users to the gravity line, City will pay (or credit) BI and Scott $3.50 per month, per customer, for use of the lift station and pressure line. No connections of any kind shall be made into the pressure line by or with the permission or acquiescence of any party. BI and Scott assign to City the easements created by the Easement Agreement as described on Exhibits C and D thereto. BI and Scott warrant that the gravity sewer line is located on the centerline of such easement. BI and Scott retain, however, the right to maintain, repair, and replace the pressure line built or to be built within the same easement ~ntil use of such pressure line is discontinued. BI and Scott will execute such additional form of grant of easement as will be recordable and afford the City no less rights than are afforded by BI and Scott to each other under, the Easement Agreement. Additionally, such easement in the City will be permanent, or until such time as use of a gravity-flow sewer line located within the easement is abandoned without replacement. It is understood by the parties that BI and Scott have as provided in their agreements the proprietary interest in the lift station pump and pressure lines'. The City, however, has the proprietary interest in the direct or indirect connection of properties to any part of the municipal sewer system. Thus an owner of property wilt be. obliged to deal with BI and Scott as to the use of the lift station pump(s) and the pressure line, but will be obliged to meet the engineering and financial requirements of the City as to the direct or indirect connection of sewer service for their properties to the City sewer line or to the pump station for delivery to the City sewer line. In the event that the City provides a connection for the gravity line to a City sewer in such fashion that the lift station is no longer necessary to the furnishing of sewer service to the BI and Scott properties affected by the Easement Agreement, BI and Scott may remove the lift station equipment and facilities not required for.the gravity connection according to the City design, and LIFT STATION AGREEMENT page 3 16. 17. 18. 19. 20. 21. 22. this Agreement will become of no further force and effect, except as to then accrued and unpaid financial obligations arising under it. In the alternative, in the event that the parties conclude that the construction of the airport basin sewer interceptor is unlikely within the foreseeable future, the partie~ shall discuss the possibility that BI and Scott would choose to dedicate the lift station, pressure line, and associated equipment to the City, and to be relieved of future operation and maintenance costs. In the event of such an accepted dedication, this Agreement will become of no further force and effect, Without prejudice to then accrued and then unpaid financial obligations. In the event that BI and Scott both fail or refuse to pay in full any statement rendered them by the City pursuant to this Agreement, City shall have a lien upon the property described (as of the date of this Agreement) in Exhibits A and B to the Easement Agreement, which lien may be foreclosed as' set out in Idaho Code 50-1813, or in like fashion as a mortgage of real property, as the City may choose. If any legal action or proceeding related to this Agreement is begun by any party to this Agreement, the prevailing party shall be entitled to recover its commercially reasonable attorneys fees and witness and expert witness fees, incurred in prosecuting or defending the same. The City shall be entitled to such fees, if the prevailing party, notwithstanding the fact that the City Attorney is salaried. This Agreement is governed by the law of Idaho; and Valley County, Idaho is the proper venue. Time is of the essence with respect to the obligations of the parties under this Agreement. Any rights and remedies stated in this Agreement are cumulative. The neglect of any party to enforce its rights at any particular times or upon any particular occurrences shall not preclude resort to those rights at any other time or with respect to any other occurrences. Any waiver of any right must be done in a writing executed by the party to be charged with such waiver, and executed with no fewer or different formalities and approvals than were attendant upon execution of this Agreement. This Agreement shall bind and inure to the benefit of the parties and their respective heirs, successors and assigns. LIFT STATION AGREEMENT page 4 23. Ail Attachments and other attachments, if any, to this Agreement are a part of this Agreement. This Agreement constitutes the entire Agreement between and among the parties as to the matter set out'in it, and all prior negotiations and discussions, memoranda, correspon- dence, and communications are merged into and extinguished by this Agreement; provided, however, that nothing in this Agreement shall be held to merge into this Agreement any Subdivision or Development Agreement among any of the parties unless this Agreement expressly both identifies such subdivision or development agreement, and states that this Agreement supersedes such subdivision or development agreement. 24. Any notice which a party to this Agreement desires to give another respecting a matter covered by this Agreement shall be hand-delivered (with signed receipt for delivery obtained) to or mailed to that party at its (his) address set out below: City of McCall Brown's Industries, attn.: City Administratorattn.: Judd DeBoer 216 East Park Street P.O. Box 1007 P O. Box 1065 McCall, ID 83638 McCall, ID 83638 Inc. Dated: Attest: Malcolm H. Scott P. O. Box 230 McCall, ID 83638 by: Art~urfi ~ Schmidt, City/Clerk City of McCall Mayor ~it~~,., L~ce' ~f. "S~itb], Brown's Industries, Inc. Judd/~eBoer, President LIFT STATION AGREEMENT page 5 State of Idaho ) ) ss. County of Valley ) On this //~ day of~, in the year 1993, · before me, ~ ~. ~r/~t '-- · notary public, personally appeared Laura'~ A. smith~' Jr., known or identified to me to be the Mayor of the City of McCall that executed the said instrument, and acknowledged to me that such City of McCall executed the same. NotaZry PU~li~ f~- ~a~o commission expires: ~7 My State of Idaho ) ) ss. County of Valley, ) On this //~ of ~F~/7?/~L~ in the year 1991, before me, ,~~ ~.~--~/~/ ~ ~ notary public, personally appeared Maldo%~' H.~Sc.ott, known or identified to me to be the Person whose name ~s subscribed to the within instrument, and acknowledged to me that he executed the same/. N6t~-r~' P Ubl · c~f~~ My commission expires: ~.~ /~7 State of Idaho ) ) ss. County of Valley ) executed the said instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. No~a~-Publlc~f6'~o My commission expire~: ~/~/~ LIFT STATION AGREEMENT page 6 SUBDIVISION AGREEMENT This Agreement is made June 8,. 1992, by and between the City of McCall, an Idaho municipal corporation, ~alled "McCall" in the rest of this Agreement, and Brown's Industries, Inc., an Idaho corporation, called "Developer" in the rest of this Agreement, pursuant to the power of McCall to approve with or without conditions, or disapprove, subdivision 'plats; the power of McCall to regulate and control its water and sewer utilities; and the mutual desire of the parties to record their understandings. Judd DeBoer executes this Agreement on behalf of the Developer. It is understood that the Developer is a corporation, and that the person who executes this Agreement on behalf of the corporation does so in the capacity of President. Judd DeBoer warrants that he has the ~authority to execute this Agreement on behalf of the Developer. The parties to this Agreement shall accept notices at.the following addresses and telephone numbers: Developer McCall Mr. Judd DeBoer, President Brown's Industries, Inc. P. O. Box 1007 McCall, ID 83638 City of McCall Attn. City Administrator P. O. Box 1065 McCall, ID 83638 The real property which is the subject of this Agreement, called "Property" in the rest of this Agreement, is located in the City of McCall (and Valley County) and is described as: Lots 1 through 32, inclusive, Payette Lakes Commercial Center The Property is so described on the preliminary plat, and this description may be subject to change after the recording of the Final Plat. A copy of the preliminary plat is attached to this Agreement as Exhibit "A." The Developer seeks McCall's approval of the Final Plat for the subdivision pursuant to the McCall City Code. In consideration of McCall's approval of a Final Plat for the subdivision, and its agreement ~o extend water and sewer service, the Developer agrees to construct and install the improvements described in Article IV of this Agreemen~ in accordance with all the terms, covenants and conditions of this Agreement. SUBDIVISION AGREEMENT PAYETTE LAK-ES COMMERCIAL CENTER page 1 June 8, 1992 ARTICLE I SUMMARY OF REOUIREMENTS !.01 Improvement Types Required. The Developer shall construct'and install the following improvements (check those applicable; cross out those inapplicable): X Street; ~to X walkway; system; X X X storm drain; __X__ drainage; __X__ sanitary sewer; X __X__ telephone; X electrical; monumentation; __X street lighting; traffic control devices; landscaping; and X water __X__ street signs; snow storage 1.02 Improvement Costs Anticipated The Developer estimates the cost of these improvements to be made by Developer to be $282,000. In the event that either party believes that the construction cost of improvements no5 yet accepted is appreciably more or appreciably less than the figure in the immediately proceeding paragraph, they shall meet, discuss the matter, and agree upon a revised figure for work not yet accepted; and record their understanding below; the revised figure set out below shall then become the applicable figure for bonding or letter of credit: Revised Estimates of Cost of All: Improvements Estimate: Date: S In the event there is a disagreement which is not resolved by the parties., the matter shall be arbitrated under the Construction Industry Arbitration Rules of the American Arbitration Association. SUBDIVISION AGREEMENT PAYETTE LAKES COMMERCIAL CENTER page 2 June 8, 1992 SECURITY FOR PERFORMANCE OF REOUIREMENTS 2.01 Security Required The Developer shall provide to McCall one of the following to secure performance of the obligations of Developer under this Agreement, in an amount not less than that~set out in Section 1.02 above: a performance bond with corporate sureties; or an irrevocable letter of credit from a national bank conducting business in the Fourth Judicial District of Idaho, and having a net worth not less than 100 times the amount set out in Section 1.02; such bond or letter to be acceptable to the City Attorney as to form and substance. The amount may be increased or reduced from time to time as provided in Section 1.02. When Required Developer shall provide such security to McCall prior to the recording of the Final Plat, and prior to the grant or lease of any interest in any lot in the subdivision other than for than construction money financing. ARTICLE III LAND USE CONTROL REOUIREMENTS 3.01 Covenants and Other Documentation Required The Developer shall deliver to the City Administrator the executed Final Plat in correct form for recording; with a note on the face of the Final Plat that the lands within it are subject to the Covenants, Conditions and Restrictions; the fully executed Covenants, Conditions and Restrictions in the form submitted to and approved by the Council, or in such form as is agreed with the City Attorney based upon direction furnished by the Council upon the occasion of the approval of the Final Plat; an executed Notice of [this] Subdivision Agreement; security as provided above; and a check in an amount adequate to pay the costs of recording by a Title Company of the Final Plat, the Covenants, and the Notice. 3.02 Certificate to Plat The Developer shall provide with the Final Plat a certificate of a title company licensed to do business in and maintaining an office in Valley County, setting out the identity of all persons owning an interest in the lands within the P~t, other than the owner of a severed mineral estate; and all such persons must have executed the Plat. SUBDIVISION AGREEMENT PAYETTE LAK'~S COMMERCIAL CENTER page 3 June 8, 1992 IMPROVEMENT REOUIREMENTS 4.01 Improvements Required The D'eve!oper shall design, construct, and ~nstall the improvements specified above. The- Developer shall bear the cost of all the improvements, and is entitled to reimbursement for the same only if and to the extent so stated in this Article. It is agreed that this development is governed by Standard "D" within the Subdivision Regulations, except as otherwise provided below. 4.02 Street. Alleyway. Monumentation. Traffic C. ontrol. Street Lighting. Street Name Signing, and Drainage Improvements Ao Street improvements (Commerce Street and alleys shown on the plat) shall be provided in accord with Title 3 of the McCall City Code and the "Construction Specifications and Standards for Roads and Streets in Valley County, Idaho" applicable to streets to be paved with asphalt. Streets and alleys may be left constructed without paving for one year, to permit settling of the roadbed, but must be paved du~ing the second summer. The estimated cost of street and alley ~improvements, for which the Developer is not entitled to reimbursement, is $55,900. Drainage improvements shall be provided in accord with Title 3 of the McCall City Code and the "Construction Specifications and Standards for Roads and Streets in Valley County, Idaho" for paved roads; an adequate storm drainage system, which may include necessary storm drainage facilities, is required. The system shall accommodate lateral and upstream contribution, as well as subsurface drainage exposed during construction, and an approved drainage outfall shall be provided. The cost of the drainage system, for which the Developer is not entitled to reimbursement, is included in the above street budget. Traffic control devices shall be installed in accord with Title 3 of the McCall City Code and the uniform state standards as follows: stop signs on'~ommerce Street at its intersections with Deinhard Lane and with Jacob Street, and on each alleyway at its intersection with a street. The cost of these improvements, for which the SUBDIVISION AGREEMENT , PAYETTE LAKES COMMERCIAL CENTER page 4 June 8, 1992 4.03 Developer is not entitled to reimbursement, is estimated to be $375. Street lighting shall be provided in accord with Title 3 of the McCall City Code and applicable state standards at the intersection of streets and alleys with Deinhard Lane and with Jacob Street; design shall be submitted for approval. The cost of these improvements., for which the Developer is not entitled to reimbursement, is included in the street budget. Monumentation shall be provided in accord with Title 3 of the McCall City Code and Idaho Code 50- 1303. The cost of these improvements, for which the Developer is not entitled to reimbursement, is estimated to be $4,000. F o Street name signs shall be provided in accord with Title 3 of the McCall City Code and Valley County standards at all intersections. The cost of these improvements, for which the Developer is not entitled to reimbursement, is estimated to be $375. Sanitary Sewer TmDrovements Ae McCall agrees at its expense to secure a final design for the airport basin sewer services. This design will be of sufficient detail that the grade is set and identified for a gravity-flow sewer line along Jacob St. flowing westerly to the planned lift station on the airport. The Developer agrees to install a gravity line to its planned private lift station which can be converted to a gravity service line connecting to the proposed City line in Jacob Street. The Developer will install a gravity line to his lift station, and a pressure line from the lift station back to the Deinhard Lane line. The cost of these improvements, for which the Developer is not entitled to reimbursement, is estimated to be $121,500. When the Jacob St. gravity line is installed in the future, the private lift station will be removed at Developer's expense, the pressure line abandoned and capped at Developer's expense, and the gravity line connected to the Jacob St. line at City expense, provided the design of the pump station was approved by the CiTy. The service from that time forward will be gravity service and at that time, the lines within the subdivision will be accepted by McCall for permanent maintenance. SUBDIVISION AGREEMENT PAYETTE LAKES COMMERCIAL CENTER page 5 June 8, 1992 C o This arrangement will meet the Developer's need to proceed with development and McCall's long term needs for a coordinated and integrated sewer service for the Airport basin. ' McCall and Developer agree to assist one another in any way possible to secure grant funding, particularly an ICDBG, Economic Development Grant, the availability of which is related to the creation of jobs, for all or part of the Airport Basin Sewer System. It is expected by both parties that the line in Jacob Street will be an intemceptor line and that such line will be constructed by McCall, at City or other developers' expense (i.e. that this subdivision will have no obligation for construction of that line). 4.04 W~Uer System Improvements Ao The Developer agrees to install water mains to sizes approved by McCall, North-South through the development from Deinhard Lane to Jacob St., then West along Jacob St. to the centerline of Highway 55 at the Jacob St. intersection. This line will be installed solely at the Developer's expense, except as the cost may be shared among benefited parnies; McCall assumes no obligation to identify or secure cooperation from other benefited parties. The cost of t~ese improvements, for which the Developer is not entitled to reimbursement,, is estimated to be $71,500.. McCall agrees to install a water .line, at City expense, from the centerline of Highway 55 at Jacob St., where the Developer's line ends, westerly to connect to the Airport water line, installed in 1991. McCall will secure easements for this section of the line. 4 .05 D o McCall and Developer agree to coordinate this work in every way to ensure the most economical ins%alla%ion for both parties. McCall Will be the applicant for the right to cross the State Highway, since the acquired rights will ultimately belong to McCall. EleCtrical Facilities Ao The Developer shall execute an agreement with Idaho Power Company, which shall provide in SUBDIVISION AGREEMENT PAYETTE LAKES COMMERCIAL CENTER page 6 June 8, 1992 4.06 pertinent part for installation and acceptance of an underground electrical system to serve all lots, parcels and tracts which are a part of this subdivision. The cost of these improvements, for which the Developer is not entitled to' reimburse- ment, is estimated to be'$32,000. Telephone Facilities The Developer shall.execute an agreement with GTE, which shall provide in pertinent part for installation and acceptance of an underground telephone system to serve all lots, parcels and tracts which are a part of this subdivision. The cost of these improvements, for which the Developer is not entitled to reimbursement, is estimated to be at the expense of GTE. 4.07 At.~achm_n ~ s The following documents whether or not physically attached to this Agreement, are integral parts of this Agreement: Preliminary Plat (for land identification purposes), as Exhibit "A" Final Plat, as Exhibit "B" Covenants, Conditions and Restrictions, as Exhibit "C" Bond or Letter of Credit, as Exhibit "D" 4.08 Acceptance and Exoneration of Bond Developer shall submit a written request for acceptance to the City Administrator when Developer concludes that construction of the above improvements is complete and ready for acceptance. Improvements other than streets may be submitted separately from streets. Improvements done under contract with Idaho Power or GTE are subject to approval by them, and their approval shall be submitted to the City Administrator with the request for acceptance. B o Street subgrade shall be not deemed ready for acceptance until it has, at finish grade, gone through a winter and a spring thaw. Ba~ course and paving shall likewise not be deemed ready for acceptance until they have gone through a winter and a spring thaw. SUBDIVISION AGREEMENT PAYETTE LAKES COMMERCIAL CENTER page 7 June 8, 1992 Acceptance shall be evidenced by a certificate of acceptance executed by the City Administrator, approved on the consent calendar by the City Council, and delivered to Developer. During the two years following acceptance, Developer will warrant the road surface against settlement, bird baths, Cracking, and other subgrade/base course problems.. From and after the date of acceptance, maintenance and repair of streets, snow removal, street lighting, traffic control devices, drainage within rights of way, and street signs, becomes the obligation of McCall. Electricity for street lights Will be paid for by McCall from and after acceptance. 4 .09 Default and Right of Entry In the event that Developer fails and refuses to complete any improvements required under this Agreement, or in the event that such improvements are not completed by September 1, 1995, then McCall may resort to the security, enter on the property, and make such improvements employing the bond or credit funds. Dated: June 8, 1992 Attest Arthur' J. Schmidt, Clerk City of McCall Laurance A. Smith, Jrt, Mayor Brown's Industries, Inc. Judd oer Pres~/dent SUBDIVISION AGREEMENT PAYETTE LANES CONL~ERCIAL CENTER page 8 June 8, 1992 AGREEMENT REGARDING SEWER HOOKUP Agreement effective October 19, 1992, between BROWN'S INDUS,TRIES, corporation ('BI') and MALCOLM SCOTT' of McCall, Idaho ('Scott'). INC., an .Idaho 1. BACKGROUND. 1.1 BI Property. BI is the owner of the real property described on Exhibit A attached ('BI Property'). BI is subdividing and developing the BI Property for commercial purposes. As part of the development process, BI will be installing the following improvements for use by the purchasers and users of the BI Property: (~ a gravity fed sewer line; (ii) a lift station; and (ii~ a pressurized return sewer line that will hookup to the municipal sewer system. 1.2 Scott Property. Scott is the owner of the real property described on Exhibit B attached ('Scott Property'). Scott is developing the Scott Property for residential purposes and will be required by the various permitting agencies to hookup to the municipal sewer system. 1.3 Request for Hookup to the BI System Improvements. 'Scott has requested that BI (i) move the lift station from the BI Property to the Scott Property, and (iO allow the Scott Property to hookup to the sewer improvements. Based on the assumption that the lif; station would be moved from the proposed location on the BI Property to the Scott Property, JUB Engineers i~repared plans and specifications ('JUB Plans') which detail the required sewer improvements on the B,I and Scott Properties. 1.4 Purposes of Agreement. The purposes of this Agreement are as follows: To evidence Bl's agreement .to allow a redesign of tile sewer improvements in accordance with the JUB Plans, subject to compliance by Scott with certain covenants and agreements set forth in this bo C0 Agreement; To evidence Bl's agreement to allow Scott to hookup to the sewer improvements, subject to compliance by Scott with certain covenants and agreements set forth in this Agreement; and To evidence the intent of the parties to prepare and record a sewer easement in accordance with the terms and conditions of this Agreement. AGREEMENT REGARDING SEWER HOOKUP - 1 ! // 2. COVENANTS AND AGREEMENTS REGARDING THE SEWER IMPROVEMENTS. 2.1 Payment by Scott. In consideration of Bl's execution of this Agreem. ent, Scott has deposited into an escrow account ~koproved by BI and Scott the sum of $22,000 to be withdrawn by BI as BI incurs costs for the construction to be completed by Bt as set forth below. The escrow instruction shall provide that funds shall be disbursed in full to BI on the earlier of (~ November 15, 1992, or (i~ the date that costs for the construction of the li.ff station and pressure line equal or exceed $44,000 (evidence of which shall be in the form of an affidavit signed by BI). In addition, Scott shall pay to BI 1/2 of the cost relating to the additional costs associated with th6, improvements required by the Payette Lakes Water and Sewer District. 2.2 Constr~ction of Sewer Improvements. 2.2.1 By BI. BIi at its sole cost and expense (othe[ than the Scott payment referenced in Section 2.1), s~all promptly construct the improvements identified as follows: a. Tl~e work detailed on plans identified as 'Construction Set 8-12-92', dated July, 1992, Drawing B920705-01 to B920705-05. b. Tt~e work shall comply with the Technical Specificatio. ns for a Sewage Pumping Facility dated July, 1992 and prepared by JUB Engineers. c. It is understood that the lift station identified on the plans shall be located on the Scott property as detailed on pla~s identified as 'Review Set - Not for Construction' dated Sept. 1992, Drawing No. B920912-01 to B920912- 03. 2.2.2 By Scott. Scott, at his sole cost and expense, shall promptly construct the improvements identified as follows: a. The work detailed' on plans identified as 'Review Set Not for Construction' dated Sept. 1992, Drawing No. B920912-O1 to B920912-03, excluding only the lift station and equipment to be constructed by BI. b. The work shall comply with the applicable provisions of the Technical Specifications for a Sewage Dumping Facil~ dated July, 1992 and prepared by JUB Engineers. In addition, Scott, at his sole cost and expense, shall promptly pays such fees and construct such improvements as are necessary to provide electrical power to the lift station. AGREEMENT REGARDING SEWER HOOKUP - 2 2.2.3 Completion of Improvements. The parties shall use their best efforts to complete the improvements described in this Section 2.2 on or before November 30, 1992. 2.3 Easement Agreement. Upon determination by a licensed surveyor of the legal description for a sewer easement, BI and Scott shall promptly execute and record with the Valley County Recorder's office, an Easement Agreement in the form attached as Exhibit C. 3. GENERAL PROVISIONS, 3.1 Representation and Document Preparation'Costs. BI has informed Scott that (i) this Agreement and the Easement Agreement have been prepared by the attorney for BI, (ii) such attorney does not represent Scott in any manner, and (iii) Scott should con'.~ult his own attorney. Notwithstanding the preceding, Scott covenar~ts and agrees to promptly reimburse BI directly for 1/2 of the legal costs associated with the preparation of this Agreement and the Easement Agreement. 3.2 Attorney Fees and Costs. If a suit, action, or other proceeding arising out of or related to this Agreement is instituted by any party to this Aqreement, the prevailing party shall be entitled to recover its reasonable attorney fees, expert witness fees, and costs 0) incurred in any settlement negotiations, (ii) incurred in preparing for, prosecuting or defendin.q any suit, action, or other proceeding, and (iii) incurred in preparing for, prosecuting or defendinq any appeal of any suit., a~ion, or other proceeding. For the purpose of this section, 'attorney fees' shall mean and include (i) attorney fees and (ii) paralegal fees. This section shall survive and remain enforceable notwithstanding any rescission of this Agreement or a determination by a court of co~npetent jurisdiction that all or any portion of the remainder of this Agreement is void, illegal, or against public policy. 3.3 Governlnq Law. Jurisdiction, and Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of Idaho. The parties agree that the courts of Idaho shall have exclusive jurisdiction and agree that Valley Count~ is the proper venue. 3.4 Time of the Essence. Time is of the essence with respect to the obligations to be performed under this Agreement. AGREEMENT REGARDING SEWER HOOKUP - 3 3.5 Riqhts Cumulative. Except as expressly provided in this Agreement, and to the extent permitted by law, any remedies described in this Agreement are cumulative and not alternative to any other remedies available at law or in equi*~y. ' 3.6 Nonwalver of Remedies. The failure or neglect of a party to enforce any remedy available by reas~)n of the failure of the other party to observe or pedorm a term or condition set forth in this Agreement shall not constitute a waiver of such term or condition. A waiver by a party (i) shall not affect any term or condition other than the one specified in such waiver, and (i~ shall waive a specified term or condition only for the time and in a manner specifically stated in tl~e waiver. 3.7 Successors and Assigns. Subject to any express provisions in this Agreement regarding restriction:-', on transfers or assignments, this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. 3.8 Entire Aqreement. All Schedules and Exhibits to this Agreement constitute a part of this Agreement. This Agreement, together with the accompanying Schedules and Exhibits. constitutes the entire agreement among the parties and supersedes all prior memoranda, correspondence, conversations and negotiations. 4. SIGNATURES. Dated: October ic[ , 1992 Dated: October ~0, 1992 BROWN'S INDUSTRIES, INC.  fdd DeBoer, Its President MALCOLM SCOTT Pi. AGREEMENT REGARDING SEWER HOOKUP - 4 STATE Of IDAHO ) )ss County of Ada ) ' On this /~ day of October, 1992,.before reel a notary public in and for the State of Idaho, personally appe~Judd DeBoer, known or identified to me to be the President of Brown's Industries. Inc., the .corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. Nota. p~P~biic for Idaho Residing at Boise, Idaho Commission Expires: /OtI ~ } ? ~- STATE OF IDAHO ) ) ss co,,,,¥ · . ,~.~ On this .;,/J day of October, 1992, befc~re me, a notary public in and for the State of Idaho, perscnally appeared Malcolm Scott known or identified to me to be the person whose name is subscribed to the. within instrument and acknowledged to me that he executed the same. Residing at /5~' ". /,:..¢. , / , Idaho Commission Expires: ,, ,- .¢ ~.~ pl .FJ ' · DEI';N',$ C. ,-,:.. ,.-;- -~, ' I,~Y COMMISS:C;'4 2-5-93 AGREEMENT REGARDING SEWER HOOKUP - 5 EXHIBrT A Bi PROPERTY The toliowing aescribed rsal property in Vai~=5, County, State c~ IdaJ~, m:)re part~utarty descdbed as follows to wit: A parcel er '?.nd. ~itua~e in the NWV4 of the SEY4 of Section N. , R. 3 ~.. ....... ~ H "% ~" uf HcCall , Valley CoUnt~-,. ldaho, mor~ part. icu]ar~? ~:e~,::'l OerJ n~ C'omme,lc [ng at. a br;~ss cap marking the Center 1/4 corner of Sect ion 1F,, T. 18 N. , R. 3 E. , B.N. , City of HcCall, Valley Couz~ty, [dnh,~; tt,ence, S. 89' 48' 50" E. , .559.71 feet ~long th~ norl.herJv [,,~,,r,d:%ry of said NWV4 SE~A; thence, S. O' 38' 10" W., ~0.00 feet; to tile southerly right-.,ff-way of Deinhard Lane, the RI-'.AI~ Ptz[N'|' OF UEGINNING: Th,:nce, cont]n,~]ng S, O' 38' 10" W. , 785.00 feet to a '~" V e b;.t 1' , tl~enCc, S. IS° 5.q' !5 E., 486.05 feet to the northerI~ ri~ht- ~,f-,vay off Jacob Street, tl~ence, $. 89" 37' nS" E., 288.71 feet a~ong sa~d northerl~ rj~ht-of-way to a 5/8" rebar, -. -- t}~ence. N. 0° 37' ]9" E., 1250.49 feet to a 5/8" rebar on the .~outher]y right-or-way of Deinh~rd Lane, t.l~.nce, N. g9° 48' 50" 14. , 435.03 feet to the Point of Beg i n,~ i n~, Bearing.~ b.~.~-d o,, Stntr-. P]a~e Grid Azimuth. EXHIBIT B SCOTT PROPERTY The following described real property in Valie~ County, State of Idaho, more particular~ described as follows to w~: A portion of SW1/4 c.f SE1/4 Section 16. To~'nshiD lB N,:,rth, Range 3 East. B.M.. V~.lley ~i,:,un~. ldaho, m,:,re Dar~i,:ularly described as ~ic, mmenc~ng at the S ~ /~6 ,:.i,~ner .:,~ ~he SE1/4, Section 16, ~ownshiD 18 North. F:ange 3 =a=t =.H which corner is N..8~' 10 W. 1334.0 fee~ ~rc~ -the SE corner of said E~tion 1~ thence N. 0'ii' 10' East alor, q the East t,ounaary of said SW1/4, ~theavt ~./4 611.u feet tc, the t,'u~ P.:,int of Deginning; thence c~tinuing N. 0~11' i0' E ?l~E,.".'z ~eet to the center of the said SE1/4; thence S. 8.9054, .....~ W. al~,nq_ . tp, e H,-,rth. boundary 1 ine, of said SWI/4 SE1/4 73'/.78 ~eet ~:c, a ~,oir, t; tr, e~l,:e S 16~''25" East parallel to and ~3 fe6t Easterly c,f the East boundary of Id~h,:, State Highway 15: 735.1~., tee~ t,:. ~ p.:,l~,~: thence S. 89'48'50" East 5~1.70 feet back to the tr[~e p,:,int ,:,~ beolnnir~q. E.g.,CEO's': F:e=_ei'vinQ ther=_ ~rc, m er, ea-=ement for a pub! i,- re, ad right of ~,~'-,' ~,:rc'-=-= the entire r,c, rth ~,c, rtic, n of this pre, perry extendin.cr S.:.utn 50' from the n,-,rth ~,,_-.~n~.a~¥ o~ .~aid S~Ai/4 SEi/4. EASEMENT AGREEMENT ,; Easement Agreement effective November~)-':~ '-; 1992, bet'ween BROWN'S INDUSTRIES, INC. an Idaho corporation whose current address is 101 South Capitol Boulevard, Suite 1203, Boise, Idaho 83702 ('BI') and MALCOLM H. SCO'Fr whose current address is P,O. Box 230, McCall, Idaho 83638 ('Scott'). 1. BACKGROUND, 1.1 BI Property. BI is the owner of the real property described on Exhibit A attached ('BI Property'). BI is subdividing and developing the BI Property for commercial purposes. 1.2 Scott Property. Sco~ is a married man who is the owner of the real property described on Exhibit B attached ('Scott Property'). The Scott Property is owned by Scott as his sole and separate property, 1.3 Construction of Sewer Improvements. JUB Engineers has prepared plans and specifications ('JUB Plans') which detail required sewer improvements on the BI and Scott Properties, including, without limitation, (i) a gravity fed sewer line, (ii) a lift station, and (iii) a pressurized return sewer line that will hookup to the municipal sewer system. In accordance with the terms of the JUB Plans and an 'Agreement Regarding Sewer Hookup' between the parties effective October 19, 1992, BI and Scott are in the process of constructing the sewer improvements. 1.4 Request for Mutual Easements. 1.4.1 Request. Each party to this Agreement has requested a nonexclusive easement on the property of the other party for the purposes of repairing and maintaining the sewer improvements in accordance with the terms of this Easement Agreement. 1.4.2 Easement on BI Property. The portion of the BI Property that has been requested for the easement is described on Exhibit C attached. 1.4.3 Easement on Scott Property. The portion of the Scott Property that has been requested for the easement is described on Exhibit D attached. EASEMENT AGREEMENT - 1 1.5 Purpose of Aqreement. The purposes of this Agreement are (~ to describe the easements granted, and (ii) to establish the relative rights and obligations of the parties regarding the easement granted under this Agreement. 2. GRANT OF EASEMENTS. 2.1 Mutual Grant. For value received, (i) BI hereby GRANTS AND CONVEYS to Scott a nonexclusive easement on the BI Property, to be located in the area described on Exhibit C attached, and (ii) Scott hereby GRANTS AND CONVEYS to BI a nonexclusive easement on the Scott Property, to be located in the area described on Exhibit D attached. 2.2 Purposes of Easements. The easements are granted solely for the purpose of constructing, maintaining and repairing the sewer improvements. 2.3 Easement on Scott Property Appurtenant to BI Property. Scott, on behalf of Scott and Scott's heirs, successors, assigns, purchasers, or transferee of any kind, covenants and agrees with BI and Bl's heirs, successors, assigns, purchasers, or transferee of any kind, that the provisions of this Easement Agreement (~ shall run with and bind the Scott Property, and (ii) shall inure to the benefit of, and be enforceable (at law or in equity) by any owner of all or part of, the BI Property. 2.4 Easement on B! Property Appurtenant to Scott Property. BI, on behalf of BI and Bl's heirs, successors, assigns, purchasers, or transferee of any kind, covenants and agrees with Scott and Scott's heirs, successors, assigns, purchasers, or transferee of any kind, that the provisions of this Easement Agreement (i) shall run with and bind the BI Property, and (ii) shall inure to the benefit of, and be enforceable (at law or in equity) by any owner of all or part of, the Scott Property. 2.5 Repairs, Maintenance, and Power Costs. The parties to this Agreement, on behalf of such party and the party's heirs, successors, assigns, purchasers, or transferee of any kind, covenants and agrees with the other party and the other party's heirs, successors, assigns, purchasers, or transferee of any kind, as follows: a. The sewer improvements located on either the Scott Property or the BI property shall be maintained in good and sufficient repair, and all EASEMENT AGREEMENT - 2 bo Co do fo damage to any sewer improvements shall be repaired as promptly as is reasonably possible. If such repairs or maintenance are not made, then an owner of all or any portion of the BI or Scott Property, upon fifteen (15) days prior written notice delivered to the other owners of the BI and Scott Properties, shall have the right to correct such condition, All costs for maintenance and repairs of the sewer improvements shall be allocated 50% to the BI Property and 50% to the Scott Property. All costs for inspections of the sewer improvements and electrical power for the lift station shall be allocated 50% to the BI Property and 50% to the Scott Property., Each owner within the BI Property shall be jointly, severally, and personally liable for all of the costs allocated to the BI Property under this Agreement, and the BI Property shall be subject to a lien for such costs, plus all costs (including attorney fees) incurred in collecting the amounts due. Each owner within the Scott Property shall be jointly, severally, and personally liable for all costs allocated to the Scott Property under.this Agreement, and the Scott Property shall be subject to a lien for such costs, plus all costs (including attorney fees) incurred in collecting the amounts due. 2.6 Additional Hookups. The parties to this Agreement, on behalf of such party and the party's heirs, successors, assigns, purchasers, or transferee of any kind, covenants and agrees with the other party and the other party's heirs, successors, assigns, purchasers, or transferee of any kind, that no additional properties or users (other than users located on either the BI or Scott Properties) shall be permitted to hookup or use in any fashion the sewer improvements (including the lift station) unless the following conditions are satisfied: a. The consent of BI shall be required if BI is the owner of all or any portion of the BI Property. If BI does not own any portion of the BI Property, then the consent of the owners of a majority of the lots within the BI Property shall be required. EASEMENT AGREEMENT - 3 bo do The consent of Scott shall be required if Scott is the owner of all or any portion of the Scott Property. If Scott does not own any portion of the Scott Property, then the consent of the owners of a majority of the lots within the Scott Property.shall be required. 50% of all consideration received in accordance with the required consents, if any, shall be paid (i) to BI if BI is the owner of all or any portion of the BI Property, or (ii) to the owners of the BI Property in proportion to the number of lots owned by each owner within the BI Property, only if BI does not own any portion of the BI Property. 50% of all consideration received in accordance with the required consents, if any, shall be paid (i) to Scott if Scott is the owner of all or any portion of the Scott Property, or (ii) to the owners of the Scott Property in proportion to the number of lots owned by each owner within the Scott Property, only if Scott does not own any portion of the Scott Property. 3. TERMINATION OF EASEMENT. 3.1 Term. The term of the easements provided by this Agreement shall commence on the effective date of this Agreement and shall continue until such time that the BI Property secures an alternative hookup site for its sewer needs and is no longer using the lift station detailed in the JUB Plans to deliver wastes to the municipal sewer system. 3.2 Payment upon Termlnation. 3.2.1 If Scott Property Continues Use. Upon termination of the easements as described in Section 3.1, and if the Scott Property continues to use the lift station detailed in the JUB Plans to deliver wastes to the municipal sewer system, then Scott shall promptly pay an amount equal to 50% of the then fair market value of the lift station and related improvements (i) to BI ii' BI is the owner of all or any portion of the BI Property, or (ii) to the owners of the BI Property in proportion to the number of lots owned by each owner within the BI Property, only if BI does not own any portion of the BI Property. The Scott EASEMENT AGREEMENT-4 Property shall be subject to a lien for such amount. If the parties cannot agree on the fair market value of the lift station and related improvements, then the parties shall submit the amount to the American Arbitration Association for determination. Such determination shall be binding on the parties. 3.2.2 If the Scott Property Has Terminated Use. Upon termination of the easements as described in Section 3.1, and if the Scott Property is not using the lift station detailed in the JUB Plans to deliver wastes to the municipal sewer system, then the lift station and related improvements shall be sold as follows: .~ a. The consent of BI shall be required if BI is the owner of all or any portion of the BI Property. if BI does not own any portion of the BI Property, then the consent of the owners of a majority of the lots within the BI Property shall be required. b. The consent of Scott shall be required if Scott is the owner of all or any portion of the Scott Property. If Scott does not own any portion of the Scott Property, then the consent of the owners of a majority of the lots within the Scott Property shall be required. c. 50% of all consideration received in accordance with the required consents, if any, shall be paid (i) to BI if BI is the owner of all or any' portion of the BI Property, or (ii) to the owners of the BI Property in proportion to the number of lots owned by each owner within the BI Property, only if BI does not own any portion of the BI Property. d. 50% of all consideration received in accordance with the required consents, if any, shall be paid (i) to Scott if Scott is the owner of all or any portion of the Scott Property, or (ii) to the owners of the Scott Property in proportion to the number of lots owned by each owner within the Scott Property, only if Scott does not own any portion of the Scott Property. 4. GENERAL PROVISIONS. 4.1 Attorney Fees and Costs. If a suit, action, or other proceeding arising out of or related to this Agreement is instituted by any party to this Aqreement, the prevailing party shall be entitled to recover EASEMENT AGREEMENT - 5 its reasonable attorney fees, expert witness fees, and costs (i) incurred in any settlement negotiations, (i~ incurred in preparing for, prosecuting or defendinq any suit, action, or other proceeding, and (ii~ incurred in preparing for, prosecuting or defending any appeal of any suit, action, or other proceeding. For the purpose of this section, 'attorney fees' shall mean and include (i) attorney fees and (i~ paralegal fees. This section shall survive and remain enforceable notwithstanding any rescissi~3n of this Agreement or a determination by a court of competent jurisdiction that all or any portion of the remainder of this Agreement is void, illegal, or against public policy. 4.2 Governlnq Law, Jurisdiction, and Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of Idaho. The parties agree that the courts of Idaho shall have exclusive jurisdiction and agree that Ada County is the proper venue. 4.3 Time of the Essence. Time is of the essence with respect to the obligations to be performed under this Agreement. 4.4 Rlqhts Cumulative. Except as expressly provided in this Agreement, and to the extent permitted by law, any remedies described in this Agreement are cumulative and not alternative to any other remedies available at law or in equity. 4.5 Nonwaiver of Remedies. The failure or neglect of a party to enforce any remedy available by reason of the failure of the other party to observe or pedorm a term or condition set forth in this Agreement shall not constitute a waiver of such term or condition. A waiver by a party (i) shall not affect any term or condition other than the one specified in such waiver, and (ii) shall waive a specified term or condition only for the time and in a manner specifically stated in the waiver. 4.6 Successors and Asslqns. Subject to any express provisions in this Agreement regarding restrictions on transfers or assignments, this Agreement shall be binding upon and Inure to the benefit of the parties and their respective successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. 4.7 Entire A.qreement. All Schedules and Exhibits to this Agreement constitute a part ot this Agreement. This Agreement, together with the accompanying Schedules and Exhibits, constitutes the EASEMENT AGREEMENT-6 entire agreement among the parties and supersedes all prior memoranda, correspondence, conversations and negotiations. 5. SIGNATURES.' Dated: November I '~ , 1992 BROWN'S INDUSTRIES, INC, /"'" , .,}~. .... By: ' /'~-":-"" L ~ / .... Judd D~Boer, Its President I/ Dated: November · , 1992 MALCOLM H. ScoTr STATE OF IDAHO ) ) ss County of Ada ) On this Z ;: ' 'day of November, 1992, before me, a notary public in and for the State of Idaho, personally appeared Judd DeBoer, known or identified to me to be the President of Brown's Industries, Inc., the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same, I~ota'~/P'ublio"fo~-ta~l~° .? ' Residing at Boise, Idaho Commission Expires: .~' / ~'. EASEMENT AGREEMENT - 7 STATE OF IDAHO ) ) ss County of Valley ) On this ~ day of November, 1992, before me, a notary public in and for the State of Idaho, personally appeared Malcolm H. Scott known or identified to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. Notary Public for Idaho Residing at McCall, Idaho Commission Expires: DENNIS C. CARLSON MY COMMISSION EXPIRES 2-5-96 EASEMENT AGREEMENT - 8 EXHIBIT A BI PROPERTY ' The following described mai property in Valley County, State o~ Idaho, mcxe particularty described as follows to wit: A parcel or Land situate in the NWY4 of the 5E¥4 of Section 16, T. 18 N. , R. 3 E. , D.M. , Ci t.v oF HcCall , Valley County, Idaho, more particular[)' cJe.~,:ribed .~ follows: Com,,e,~c[n~ at a br~tss cap marking the Center 1/4 corner of Section ]~,, T. 18 N. , R. 3 E. , ll.M. , City of McCall, Valley County, Ida}lo; ti,er,ce, S. 89' 48' 50" E. , 559.71 feet alone th- n,~rther]y b,~,nd:%ry of said NWY4 SE~A; thence, S. 0' 38' i0" ~{., 30.00 Feet to the southerly riEht-:,f-way oF Deinhard Lane, the REAL P~)[NT OF [~EGINNING: 'rh,:nce, conti n,,J.n[ S. 0' 38' 10" W. , 785.00 feet to a ½" tl~ence, S. 16' 55' ]5 £., 486.05 feet to the northerly riEht- ¢,f-~...~.v of Jacob Street, t]~ence, .~. 89' 37' ~9" E. , 288.7[ feet a[onl[ s~id northerly rib. hr-of-way to ~ 5/8" rebut, thence, N. 0' 37' ]9" E., 1250.49 feet to ~ 5/8" reba~ on .~outher]y r[~ht-of-~a.v of Deinhard Lane, thence, N. R9' 48' 50, ~{. , 435.03 feet to the Point of t~cgin,,in~, Bearings ba.~rl o,, .qtat~- Pla~e Grid Azimuth. .EXHIBIT B SCOUr PROPERTY The following described real property in Valley County, StaIe c~ Idaho, more panicutarty desCribed as follows to wit: portion of SWI/4 c.f _~E1/4 5e,-_t~.¢,n 1~. ~c, wnshiD lB Nc, rrb, Range East. B.M.. Valley ~i,-.un~. Idaho. mc, re Dar~i,.-ulariy des,_-ribed as ¥ol I c, ws: Cc, mmencinc:, at the S ~ /]6 .: :,rn=_r .'.~.. the SE1/4, Sect ~on 16, ~ownship 18 North. F~ang~ 3 East. ~.Pl.. which corner is N. ~83~5~' 10' W. 1334.0 fee~ ~rom -the SE co~'ner of said -~ection 1~. thence N. O~li,lO' East along '~he East l:oundary., of said SW1/4, ~c~heasl: 611.U feet to. th_= tru_= p,.-,int of beginning; thence ¢c~tinuing N. t-~11'!0" E ?t~6.~ ~eet to the center of the said SE1/4; thence S. 8'~'54'25" W. along tP, e Hc,rth boundary line of said SW1/4 SE1/4 73'/.78 ~eet to a ~,c, ir, t: tne~ce S 1~4'25" Ea~_t parallel to and feet East_=rly c,f th~_ Ea?.t boundary '¢,f Idaho State Highway 15; 735.1u leer tc, a ~c,~r,~: t~,e~,-e S. 8'~'48'5~i~'' East 5~"1.70 feet ba,:k re, the trt~e pc, int ,:.t b_~lnninq. Ez. CE~'i': F:e~_ervinc: there~,',-,,~, en ee.s=_m=_nt fc, r a public re, ad ri.gb.t of ~,-:v.;=,-_-r~=s._ the entir=_ r,,_-,rth ~c, rtic. n of this pre, perry e.'4tending S.:,utr~ 5~i~' frc-~ t~,.~, nc, rrb D,_,,.~n~a~y or .~aid SW1/4 SE1/40 EXHIBIT C EASEMENT ON BI pROpERTY The following described real property in Valley County. Sta~e of Idaho, more particularly described as follows to wit: ~3U13D 13EBOER PROPF. R1'Y SE~EP. LINE MAINTENANCE AHD REPA[R EASEMENT A 20.00 loot w[de aewor line m~[ntenenee and rep&ir easement s[tu&ta Ln the h~ o~ the ~olJowJn~ described center line: Commencing ~t s brass cap marktn8 the C 1/~ Corner o! 5~ctlon 16, T. 1~ N., ~. 3 E., B.M., V~lJey County~ ~d~ho; thence, $, ~9e 37' §3" E.~ 771.~8 ~eet ~lons thc northerly boundary o~ said N~ SE~I thence, S. ~e 37' 20" ~., 35.00 feet to the southerly rtsht-o~-way o~ D¢lnhard ~ne, th~ REA~ POINT OF EECINNINC: Thence, continuJn¢ S. 0~ 37' 20" ~.~ i~2h9.75 ~eet ta the northerly right-of-way o~ 3ncob Street, the Point. Ending. ~earin~s bo=ed on State Plane Grid. Azimuth. · EXHIBIT D EASEMENT ON SCOT[ PROPERTY The following described real property in Valley County, State of Idaho, more particularly described as follows to wit: MALCOM SCOTT PRoPEr~TY SE~/ER LINE MAINTENANCE AND REPAIR EASEMENT A 20.00 £oot ~[de sewer [ina maintenance and repair easement situate In the SW~ of the SE~ of Section [6, T. 18 N., R, 3 E., B.M., Valley County, Idaho, [y[nS 10.O0 feet on each side of the folJowin~ described center line: Cc[[~'nencjn~ at a 5/3" r~.bar markj, n.~ the SE I /16 Corner nf Section 16, T. ]3 N., R. 3 E., B.M.. V;}[ley County, Id=ho; thence, N. 89' 37' 39" ~. , 567.77 feet aJon~ the northerJy boundary o~ said $~/, SE~, to the REAL POINT OF EEG[NN~NC: Thence, S. $* 50' 00" W., 172.78 feet, thence, S. [8' 15' 00" E., ~5.60 feet, thence, S. 35' 55' 30" W., I01.00 feet to the Point of Ending. ALso, an easement ~or maintenance, ar.d repair of a sewer [[ne situate In the S~/~/~ o£ the 5EY~'o£ 3ect[on JG, T. ]~ N. , R. ~ E., E.M., ValLey County, Idaho, more particularly described as foi[o~'~: Cor,:mencinE ;t a -~/2" rebar markjnE the SE I/[G Corner Section 1~, T. 13 N. , R. 3 E. , B.M., VaIJey County, Idaho; thence, N. ~9' 37' 39" W., 737.73 feet aJon~ the northerly boundary of said 5~/~ SEV~; thence, S. 16' 2~' ~9" E., feet aJon~ a [Lne parallel to and 3~3 feet easterly oi State Highway ~J, to the ~EAL POINT OF BEG[NNI,NC: Thence, cont[nuin~ S. 16° 26' 29" E., fi0.O0 feet, thence, S. 89° 20' 5h" E., 50.00 feet, thence, N. 16' 26' 29" ~., 50.00 feet, thence, N. 89* 20' ~" ~. , ~0.00 ~eet to the Point of Beginning, conta[n[nE 2,390 square feet, more or [ess. BearJnl[s ba'~ed on State Plane Gr£d Azimuth.