HomeMy WebLinkAboutCrossing Agreement with Settlers Irrigation District for McMillan
City of Meridian
Public Works Dept.
RECEIVED
I'm'! - 8 2004
Memo
City of Meridian
City Clerk oHice
To:
Will Berg; Tara Green
From: Clint Dolsby, Staff Engineer
cc:
Brad Watson, Public Works Director
Date: 11/0812004
Re:
Proposed Agenda Item for November 16, 2004 City Council Meeting
The Public Works Department respectfully requests the following items be placed on the
November 16 City Council agenda, under Consent Agenda, for Council's consideration:
License Aareement for the 2004 McMillan Water Extension Proiect. A request for license
agreement with the Settlers Irrigation District for the four locations where the waterline will be
crossing a Settlers Irrigation District facility has been received by the Public Works
Department. This license agreement with a $150 filing fee is necessary in order to construct
the McMillan Water Extension Project:
Recommended Council Action: The Public Works Department recommends
that City Council approves the License Agreement for the four locations where
the waterline will be crossing a Settlers Irrigation District facility and authorize
the Mayor to sign it.
Thank you for your consideration. Please contact me if you have any questions regarding
any of these items.
. Page 1
CROSSING AGREEMENT
This Crossing Agreement ("Agreement") is entered into and made effective this
_day of
,200_, by and between SETTLERS IRRIGATION DISTRICT
("District"), an irrigation district organized and existing under and by virtue of the laws of the
State ofIdaho, whose address is Post Office Box 7571, Boise, Idaho 83707, and City of
. Meridian, an Incorporated City in good standing in the State ofIdaho, whose address is City of
Meridian Public Works Department, 660 Watertower Lane, Suite 200, Meridian Idaho 83642
WITNESSETH:
WHEREAS, the District owns and maintains a system of canals, laterals and
drains, including Lemp Canal, for purposes of delivering and removing irrigation water to and
from its landowners, together with easements to convey water in such canals, laterals, drains;
easements for ingress and egress; and for the operation, inspection, maintenance, and repair of
the canals, laterals, and drains;
WHEREAS, the Licensee desires to obtain a license ("License") from the District
for the installation, operation, inspection, maintenance, and repair of Meridian and McMillan
Water Main Extension ("Water Main"), as described below:
(a) The Water Main will cross over Lemp Canal District facilities, on the Southern
side of Section 30, at the Intersection of Meridian and McMillan Roads, two points along
McMillan, and at the Intersection of Locust Grove and McMillan Roads, in Township 4 North,
Range I East, Meridian, Ada County, Idaho as described in Exhibit AI, A2, A3, and A4 attached
hereto and incorporated herein by reference.
BOI.MTI :372344.1
CROSSING AGREEMENT - 1
112001 1200
WHEREAS, the District desires to grant the License to the Licensee for purposes
of constructing, operating, inspecting, maintaining, and repairing said Water Main;
NOW, THEREFORE, in consideration of the mutual benefits to be received by
the District and the Licensee, and other good and valuable consideration, which consideration is
hereby acknowledged by the parties, and the promises, covenants, agreements, and conditions
hereinafter set forth, the parties agree with one another as follows:
1.
Grant of License. The District hereby grants a license ("License") to the
Licensee for the purpose of crossing over Lemp Canal at the location described in Exhibit A, in
order to install, operate, inspect, maintain, and repair said Water Main, provided that said Water
Main is installed as depicted in the -plans, maps, drawings and notes attached as Exhibit B. The
License is subject to the restriction that no construction may begin on the Water Main until the
effective date of this Agreement and must be completed prior to April I, 2005.
This grant of the License is subject and subordinate to any and all property rights
the District may have in Lemp Canal.
The Licensee expressly aclmowledges and agrees that this License does not grant
the Licensee the right to install any property or equipment, except as may be described in this
Agreement, or the right to impair any rights of the District or others in the use of the Lemp
Canal. This grant of License is expressly conditioned upon the prior receipt by the Licensee of
any and all necessary approvals from govermnental entities and private parties for its activities to
be performed under the terms of this Agreement, and is further expressly conditioned upon the
District's prior written approval of all drawings and plans concerning the activities to be
conducted by the Licensee under this Agreement.
BOI.MTI:372344.1
CROSSING AGREEMENT - 2
112001 1200
2.
Term of Grant of License. The term of the License shall commence upon
the effective date of this Agreement and shall continue for so long as the Licensee is in
compliance with the tenns of this Agreement. The District reserves the right to revoke this
License, effective upon written notice to the Licensee thereof should the Licensee at any time fail
to comply with the tenns of this Agreement.
3.
Installation.. Inspection.. Maintenance. and Repair of the Water Main.
The Licensee, following execution of this Agreement by the parties, and after November 1,2004,
may commence construction of the Water Main crossing as described in Exhibits A and Band
may conduct operations, inspections, maintenance, and repair activities, at the Licensee's sole
cost and expense, as may be reasonably necessary, subject to any restrictions imposed on the
Licensee's activities as maybe set forth in this Agreement. The Licensee, or its agents or
contractors, shall perform all work contemplated by the terms of this Agreement in a
worlananlike manner. The Licensee agrees to assume all responsibility, including general
liability and costs for the construction, operation, inspection, maintenance, and repair of the
Water Main.
Any construction or other activities by the Licensee which may impede or impair
the flow of water through Lemp Canal may only be performed during the non-irrigation season,
which is usually between November I and March 15. The Licensee expressly acknowledges that,
notwithstanding the Licensee's assumption of certain responsibilities and receipt of certain rights
under this Agreement, the District does not relinquish its ownership rights in any portion of
Lemp Canal.
BOI.MT1:372344.1
CROSSING AGREEMENT - 3
112001 1200
4.
Representations and Warranties.
(a)
District. The District represents and warrants that: (i) the District is an
irrigation district organized and existing under and by virtue of the laws of the State ofIdaho;
(ii) the District has the capacity to enter into and perfonn the District's obligations under this
Agreement; (iii) all organizational and other actions required to authorize the District to enter
into and perform this Agreement have been properly taken; and (iv) this Agreement has been
properly executed and delivered by the District and is valid and binding upon the District in
accordance with its terms.
(b)
Licensee. The Licensee represents and warrants that: (I) it is a
Incorporated City organized and in good standing in the State of Idaho; (ii) it has the capacity to
enter into and perfonn its obligations under this Agreement; (iii) all actions required to authorize
the Licensee to enter into and perfonn this Agreement have been properly taken; (iv) this
Agreement has been properly executed and delivered by the Licensee and is valid and binding
upon the Licensee in accordance with its terms; and (v) it has obtained all pennits, licenses, and
acknowledgments required to conduct the activities to be performed under the terms of the
Agreement.
5.
Indenmitv. The Licensee agrees to protect, defend, indemnify, and hold
the District and its officers, directors, employees, members, and agents harmless from and
against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any
nature, including court costs and attorney fees, arising from or out of any acts or omissions of the
Licensee, its agents, or contractors related to or in connection with its activities under this
Agreement and the exercise of any privileges or performance of any obligations by the Licensee
BOI_MT1:372344.1
CROSSING AGREEMENT - 4
112001 1200
hereunder. Furthermore, the Licensee agrees to protect, indenmify, and hold the District and its
officers, directors, employees, members, and agents harmless from and against any and all
liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including
court costs and attorney fees, arising from or out of water quality violations, flooding, or any
interruption or interference with the flow of water in Lemp Canal caused by any act or omission
of the Licensee or its agents.
6.
No Liens. The Licensee shall allow no liens as a result of any labor
perfOll1led or materials supplied in connection with the activities ofthe Licensee, its agents, or
contractors, to attach to Lemp Canal or to any adjacent lands held by the District.
7.
Binding Agreement. The promises, covenants, conditions, and agreements
herein contained shall be binding on each of the parties hereto and on all parties and all persons
claiming under them or any of them; and the rights and obligations hereof shall inure to the
benefit of each of the parties hereto and their réspective successors and assigns.
8.
Further Consideration. In further consideration for inducing the District to
grant this License, the Licensee agrees to promptly pay all legal expenses incurred by the District
relating to the negotiation, preparation, and execution of this Agreement.
9.
No Waiver. The failure of a party to insist on the strict performance of any
provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not
constitute a waiver of any provision of this Agreement or limit such party's right to enforce any
provision or exercise any right.
10.
Limitations on Liabilitv. The parties hereto agree that nothing herein
contained shall be construed to create a joint venture, partnership, or other similar relationship
BOLMTt372344.1
CROSSING AGREEMENT - 5
112001 1200
which might subject any party to liability for the debts and/or obligations of the others, except as
otherwise expressly agreed in this Agreement.
11.
Interpretation. The validity, meaning, and effect of this Agreement shall
be determined in accordance with the laws of the State ofIdaho.
12.
Severability. If any part of this Agreement is held to be illegal or
unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be
given effect to the fullest extent reasonably possible.
13.
Entire Agreement. This Agreement contains the entire agreement between
the parties hereto with respect to the subject matter of this Agreement. Amendments to this
Agreement shall be made only by written instrument executed by each of the parties hereto.
14.
Attornev Fees. In the event of any suit or proceeding by either party herein
against the other party arising out of this Agreement or in connection with the activities of the
Licensee, or their agents or contractors, under this Agreement, the nonprevailing party in such
suit or proceeding shall pay to the prevailing party such sum or sums as the court shall adjudge
reasonable for attorney fees and costs, including such fees and costs on appeal.
15.
Recording. This Agreement shall be recorded at the Ada County
Recorder's Office.
16.
Notices. All notices permitted or required to be given under the terms of
this Agreement shall be in writing and shall be deemed effective upon receipt if sent by first class
mail, postage prepaid, aiJ.d addressed to the respective party hereto as follows or at such other
address as a party designates in writing.
BOI.MTI:372344.1
CROSSING AGREEMENT - 6
112001 1200
Settlers Irrigation District
Post Office Box 7571
Boise, Idaho 83707
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
date first set forth above.
Attest:
Vicki Keen, Secretary
CROSSING AGREEMENT - 7
112001 1200
SETTLERS IRRIGATION DISTRICT
By
, President of its
Board of Directors
[COMPANY]
By
, Authorized Agent for
BOI.MTI:372344.1
STATE OF IDAHO)
) ss.
County of Ada)
On this - day of --' 2004, before me, the undersigned notary public in
and for said state, personally appeared , President of the Board of
Directors of Settlers Irrigation District, an irrigation district organized and existing under and by
virtue of the laws of the State of Idaho, known or identified to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he has the authority to
execute and executed the same for the purposes therein contained on behalf of Settlers Irrigation
District.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
NOTARY PUBLIC FOR IDAHO
Residing at
My Commission Expires
STATE OF IDAHO)
) ss.
County of Ada)
On this - day of -' 2004, before me, the undersigned notary-public in
and for said state, personally appeared VICKI KEEN, Secretary of Settlers Irrigation District, an
irrigation district organized and existing under and by virtue of the laws of the State ofIdaho,
known or identified to me to be the person whose name is subscribed to the foregoing instrument
and aclmowledged to me that she has the authority to execute and executed the same for the
purposes therein contained on behalf of Settlers Irrigation District.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
NOTARY PUBLIC FOR IDAHO
Residing at
My Commission Expires
BOLMTt372344.1
CROSSING AGREEMENT - 8
112001 1200
STATE OF IDAHO )
) ss.
County of Ada)
On this - day of -' 2004, before me, the undersigned notary public in
and for said state, personally appeared , authorized agent of
, known or identified to me to be the person whose name is subscribed to
the foregoing instrument, and acknowledged to me that he has the authority to execute and
executed the same for the purposes therein contained on behalf of
IN WITNESS WHEREOF, I have hereunto set my hand and affIXed my official
seal the day and year in this certificate first above written.
NOTARY PUBLIC FOR IDAHO
Residing at
My Commission Expires
CROSSING AGREEMENT - 9
112001 1200
BOI.MT1:372344.1
EXIllBIT Al
Legal Description of the Lemp Canal Culvert Crossing
This Permanent Water Main is situated at the Southwestern most comer of the SW Y. of Section
30 and the Northwestern most comer of the NW Y. of Section 31, at the intersection of Meridian
and McMillan Roads, in Township 4 North, Range I East, Meridian, Ada County, Idaho.
Commencing at the station 53+ 16.54; thence North 10.87 feet more ofless to the station
53+27.41 of the Northerly stationing line according to the plan drawings for Project K.A No.
104049, City of Meridian Water Main Extension (page #4).
EXHIBIT A2
Legal Description ofLemp Canal Tributary Crossing
This Permanent Water Main is situated along the Southern most edge of Section 30, paralleling
McMillan Road, in Township 4 North, Range I East, Meridian, Ada County, Idaho.
Located at station 114+19.81 along the Easterly stationing line according to the plan drawings for
Project K.A No. 104049, City of Meridian Water Main Extension (page #7).
EXIllBIT A3
Legal Description ofLemp Canal Tributary Crossing
This Permanent Water Main is situated along the Southern most edge of Section 30, paralleling
McMillan Road, in Township 4 North, Range I East, Meridian, Ada County, Idaho.
Located at station 130+93.12 along the Easterly stationing line according to the plan drawings for
Project K.A No. 104049, City of Meridian Water Main Extension (page #8).
EXHIBIT A4
Legal Description of the Lemp Canal Culvert Crossing
This Permanent Water Main is situated at the Southeastern most comer of the SE Y. of Section
30, at the intersection of Locust Grove and McMillan Roads, in Township 4 North, Range I East,
Meridian, Ada County, Idaho.
Commencing at the station 150+15.66; thence East 14.58 feet more ofless to the station
150+30.24 of the Easterly stationing line according to the plan drawings for Project K.A No.
104049, City of Meridian Water Main Extension (page #11).
BOLMTI:372344.1
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August 30,-2004
KA No. 104049
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EQUIPMENT NOTES
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SEE SHEET PUD FOR CONNECTION TO MAINLINE.
'0"' X 60' DUCTILE IRON SPOOL, Fl. , FL
'0", X 60" DUCTILE IRON SPOOL. FL , PE
4"" LlDUID FILLED 0-160 PSI. DIRECT READING. PRESSURE GAUGE. " ,. ACCURACY
OVER MIDDLE ONE-HALF OF RANGE. WHITE DIAL WITH BlACK LETTERS, ADJUSTABLE
POINTER, 27~ PRESSURE RANGE ARC DMDED INTO' PSI INCREMENTS.
0
ADJLlSTABLE SADDLE STAND PIPE SUPPORTS. SADDLE STANDS SHALL BE SHAPEO TO or
PIPE WITH WHICH THEY WILL BE USEO AND CAPABLE OF SCREW ADJUSTMENT, PIPE
SUPPOR'" SHALL BE STANDON MODEL 59' DR EOUAL
NDSHOK '00 SERIES 4mA TO 'DmA CURRENT OUTPUT PRESSURE TRANSDUCER.
D-'DD PSI PRESSURE RANGE.
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'0"' M"'RDMETER MODEL MW-SDD FLOW METER. NO OTHER METERS WILL BE ACCEPTED.
FLOW METER SHALL BE A MAINLINE PROPELLER METER CONFORMING TO AWWA C7D4. Fl.DW
METER SHALL BE MAGNETIC DR~E lYPE, REGISTER IN GALLONS. BE RATED FOR A 'SO PSI
WORKING PRESSURE. EOUIPPEO WITH STAINLESS STEEL OVERRUN BEARINGS. A TOTALI'ER
AND INSTANTANEOUS FLOW INDICATOR. AND EDUIPPEO WITH A 4-'0 MA OUTPUT FOR
CONNECTION TO THE TELEMErnV SVSTEM EOUIPMENT.
PRECAST CONCRETE VAULT (AMCOR 21B5 GALLON SEPTIC TANK SHOWN). DR APPROVEO
EQUAL. AASHTO HS-'5 TRAFFIC LOADING REQUIRED.
'0"' DRESSER COUPLING WITH FOUR '/4" TIE RODS BETWEEN SPOOL FlANGES. OR
EQUIVIIANT.
'0"' CIA-VAL MODEL 'OG-DSBV PRESSURE REOUCING VALVE.
STANDARD MANHOLE RING AND COVER PER CiIY OF MERIDIAN STO. DWG. NO.7.19(S) WITH
THE WORD "WATER" CAST IN THE COVER. SET RIM FLUSH WITH FlNISHEO SURrACE. PROVID
GRADE RINGS AS REQUIRED.
"" MANHOLE RIND AND COVER. MANHOLE RINQ AND COVER SHAlL BE NEENAH MODEL
R-m9-A OR EOU~ALENT WITH "" WORD "WATER" CAST IN THE COVER. SET RIM FLUSH
WITH FINISHED SURFACE. PROVIDE GRADE RINGS AS REQUIRED. THE COVER SHALL BE
FURNISHEO WITH FOUR ," PICK HOLES
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STANDARD "" POLV COATED STEEL MANHOLE STEP. STEPS SHALL BE INSTALLED
VERTICALLV ALIGNED AT ,," O.C.
INSTALL PRESSURE GAUGE AND PRESSURE TRANSDUCER. MOUNT THROUGH A SINGLE >/4
TAP IN THE DUCTILE IRON SPOOL. CONNECTION SHALL INCLUDE A PIPE SADDLE, BRONZE
NIPPLE (' EA), BRONZE ISOlATION BALL VALVE, BRONZE TEE, BRONZE ELBOW (' EA),
AND BRONZE FITTINGS AS NECESSARY TO ADAPT TO THE PRESSURE GAUGE AND
TRANSDUCER. BALL VALVE SHALL BE INSTALLED BETWEEN TAP AND TEE.
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PROVIDE ,". SCflEDULE 40 CONDUIT (' EA) FOR CONNECTION OF POWER AND RAOIO
ANTENNA TO mEMErnV SYSTEM. POWER AND RADIO ANTENNA TO BE CONNECTED BV
OTHERS.
INSTALL FLOOR DRAIN" HIGH GROUND WATER DOES NOT EXIST. INSTALlATION SHALL
INGLUDE 4"' f'VÇ PIPE IN CONCRETE FLOOR ANO B" OF DRAIN ROCK BELOW VAULT. SEl
VAULT SO THAT THE FLOOR SLOPES TOWARDS TIlE DRAJN AT A MINIMUM OF 2".
INSTALL ,. BVPASS. CONNECT ONE END TO THE EXISTING UNUSED ," TAP IN THE VALVE
CASING. CONNECT THE OTHER END TO A SINGLE ," TAP IN THE DUCTILE IRON SPOOL.
CONNECTION SHALL INCLUDE A PIPE SADDLE. ISOlATION BALL VALVE (2 EA). ELBOW (,
EA), UNION, PIPE. AND FITTINGS AS NECESSARY TO CORRECTLY INSTALL ," BYPASS. ALL
PIPE AND FITTINGS SHALL BE COPPER DR BRASS.
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McMILLAN WATER EXTENSION
City of
Meridian, Idaho
104049
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McMILLAN WATER EXTENSION
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