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Easement - Avimor Community Infrastructure District No. 1 - 2025 - Avimor Water Systems - Avimor Water System - Booster Station Easement AgreementInstrument # 352724 EMMETT, GEM, IDAHO 3-12-2025 03:46:37 PM No- of Pages: 3 Recorded for: NTREE CIS 1 LEANDRA ROUNTREf 6.00 Ex43fficio Recorder Deputy Index to: EGSEMENT When recorded return to: ADA COUNTY RECORDER Trent Tripple 2025-015246 BOISE IDAHO Pgs=3 BONNIE OBERBILLIG 03/12/2025 02:17 PM City of Eagle AVIMOR CID NO 1 AMOUNT:$16.00 City Clerk 660 II I I II I i III'll'I l II II II I lI I Il I I'll l I II I II II l II'll 660 E. Civic Lane Eagle, Id 83616 01415393202500162460030031 ASSIGNMENT AND ASSUMPTION OF BOOSTER STATION EASEMENT AGREEMENT This ASSIGNMENT AND ASSUMPTION OF BOOSTER STATION EASEMENT AGREEMENT (this "Assignment") is entered into this 5 day of February, 2025 ("Effective Date") by and between the Avimor Community Infrastructure District No. 1, a community infrastructure district duly organized and validly existing pursuant to the laws of the State o o and a political subdivision of the State of Idaho ("Assignor"), and the City of Eagle, ermunicipal corporation organized and existing under the laws of the State of Idaho ("Assignee"). RECITALS A. Reference is made to that certain Booster Station Easement Agreement dated effective May 30, 2024, by and between Sage Investment Partners LLC, an Idaho limited liability company as "Grantor", and Assignor as "Grantee" recorded with the Ada County Recorded on June 10, 2024 as Instrument Number 2024-031115 (the "Booster Easement"). B. Pursuant to Section 12 of the Booster Easement, Assignor may freely assign its right, title, and interest in and to the Booster Easement to Assignee. C. Assignor desires to assign, set over and convey to Assignee all of Assignor's rights, title, interest, and benefits in, to and under the Booster Easement, and Assignee desires to assume the obligations of Assignor under the Booster Easement, upon the terms and conditions of this Assignment. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee hereby agree as follows: 1. Recitals. The recitals set forth above are true and accurate and are incorporated herein by reference. 2. Assignment. As of the Effective Date, Assignor does hereby assign, transfer, set over, convey and deliver unto Assignee, its successors and assigns, all of the rights, title, benefits, powers, privileges and interests of Assignor in and to the Booster Easement. 3. Assumption. From and after the Effective Date, Assignee hereby assumes the rights, liabilities, obligations, duties and responsibilities of Assignor under the Booster Easement. ASSIGNMENT AND ASSUMPTION OF BOOSTER STATION EASEMENT AGREEMENT - 1 LINSTRU�-NO OF-. 4. Binding_ Effect. This Assignment is binding upon and shall inure to the benefit of the parties hereto, and their respective authorized agents and representatives, successors and assigns. This Assignment has been entered into by Assignor and Assignee solely for their benefit, and the benefit of their respective successors, assigns, authorized agents and representatives, and not for the benefit of any other persons not a party to this Assignment. No person shall be entitled to the benefits of any covenant, indemnification or other agreement made herein, whether as a third party beneficiary or otherwise, except as expressly provided in this Assignment. 5. Counterparts. Assignor and Assignee agree that this Assignment may be executed by any electronic means, may be executed in counterparts, and signature pages may be transmitted by facsimile transmission or email to facilitate execution of this Assignment. Any number of counterparts, each of which shall be deemed to be an original, shall constitute one Assignment and shall be binding on the Assignor and Assignee. [end of text; signature pages follow] ASSIGNMENT AND ASSUMPTION OF BOOSTER STATION EASEMENT AGREEMENT - 2 7 INSTRU. NL 'AGES . F;�'wc" _:., IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the Effective Date. "Assignee" CITY OF EAGLE, a municipal corporation in the State of Idaho By: rad Pike, Ma Dated: 2�2CQ`20?�,S Attest: G ...••.�.' :. 41c� • � err i w•0 .-• {y Cle •°jiaann���' "Assignor" AVIMOR COMMUNITY INFRASTRUCTURE DISTRICT NO. 1, a community infrastructure district duly organized and validly existing pursuant to the laws of the State of Idaho and a political subdivision of the State of Idaho By:- G Its: Chairperson Dated:1 ZS ATTEST - Di rict Clerk ASSIGNMENT AND ASSUMPTION OF BOOSTER STATION EASEMENT AGREEMENT - 3 INSTRU. N035Z 1Z f AGES. OF �