HomeMy WebLinkAbout1985 – Department of the Interior Water and Power AgreementTHIS AGREEMENT, made this 3rd day of l'larch , 79 82,.
pursuant to the Act of Congress approved June 17' LgoZ (32 Stat. 388),
and acts amendatory thereoi or supplementary thereto, alI of wh'ich
acts are conrnon'ly known and referred to as the Federal Reclamation
Laws, between the UNITED STATES 0F AMERICA, hereinafter called the
United States, represented by the officer executing this agreement,
hereinafter called the Contracting Officer and the CITY 0F MERIDIAN'
a body politic, hereinafter called the Grantee'
hereinafter referred to as the
the l,later and Power Resources S
has pursuant to Federal Reclama
certain power, conmunication an
called Project faci lities; and
3. WHEREAS, the Proiect facilities are be
ma'intained under a repayment contract between th
and the llampa and Meridian Irrigation District o
hereinafter called the District; and
Project, the United States through
ervice, Department of the Interior,
tion Laws, constructed and owns
d irrigati on works' hereinafter
Contract No. 2-07.10-10523
(Dup1 i cate 0r iginal )
operated and
nited States
he Boi se Proj ect,
UNITED STATES
DEPARTMENT OF iHE INTERIOR
WATER AND POWER RESOURCES SERVICE
Boi se Proj ect, Idaho
CROSSING AGREEMENT
I,JITNESSETH, THAT:
2. WHEREAS, in connection with the Boise Project, Idaho,
ing
CUft
4. !,IHEREAS, the Grantee desires to construct, operate and
maintain an B-inch sewerline under and across the Project facilities
known as the Ninemile Creek Drain and the Rutledge Lateral.
N0t^1, THEREF0RE, in consideration of the mutual covenants
and stipulations hereinafter stated, the parties hereto agree as
folIows:
5. The United States hereby grants to the Grantee, subject
to the terms and conditions of this agreernent, the right to construct'
operate and maintain an 8-inch seweriine under and across the Ninemile
Creek Drain and right-of-way and the Rutledge Lateral and right-of-way
in the %NEkN!,Pz and the tP"NWkNEk of Section 11' Township 3 North'.
Ranqe I tlest, Boise meridian, Idaho, as the location is shown on the
attiched fxniUit "A" and in the manner shown on the attached Exhibit "8",
said exhibits are by this reference made a part hereof.
6. The Grantee shall adhere to the following special require-
ments in the construction, repair, operation and maintenance of the
sewerl ine crossing:
a. The Grantee, upon completion of construction of itsfacilities, shall install distinctively painted and identified metal
posts extending not less than four feet above ground surface at the
outside toe of each embankment or other physical extremity of the
Project facilities of the United States and five feet, measured at
right angles, to the right of the sewerline centerl'ine when lookingin the direction in which the station increases. Additional posts
shall be set by the Grantee as directed by the Contracting 0fficer
to mark each angle point and points of curve and tangent on said
sewerline within the rights-of-way of the United States.
b. Prior to actual construction or repair, the Grantee
shall notify the Contracting Officer or District so that they or the'ir
representative can inspect the work.
c. There shall be no blasting within or
drain or Iateral ri ght-of-way.
adjacent to the
7. The sewerline shall be constructed, operated and maintained
by the Grantee without cost to the United States or the District or
their assigns and in such a manner as to cause no interference or
stoppage of the flow of water in canals, laterals, ditches, or other
Project facilities, or interference with the normal operation of
works of the United States or District. All construction, recon-
struction and maintenance work performed by the Grantee within the
right-of-way or on the premises of the United States shall be under-
taken only at times, according to plans, and in a manner satisfactory
to the Contracting Officer. All backfill placed by the Grantee in
the drain, lateral , or other wateruay embankments shall be watered
beyond any other compaction to insure that no voids exist anyvhere
and especially around the pipe. The drain and appurtenant works shall
be restored by the Grantee to a condition at least as good as before
the cross i ng was made.
8. The Gnantee shall construct, operate and maintain its sewer-
line crossing and appurtenances in a good workmanlike manner and shall
insure compliance with.the laws of the State of Idaho and with all
laws, regulations and orders of the United States and any other public
authorit, affecting such works. The failure of the Grantee after due
notice to abide by any of the terms and conditions of the applicable
Iaws, rules or regulations, shall cause this agreernent to be subject
to inmediate termination at the option of the Contracting 0fficer.
9. This agreement is granted subiect to all rights previously
acqui red by third parties.
10. The United States has only an easement
Iocation of the crossing of the Rutledge Lateral;
Grantee shall obtain any further clearance it may
parties owning the underlying fee to the land on
is I ocated.
ri ght at the
therefore, the
require from the
which the cro ss i ng
2
11. The Grantee agrees as fol lows:
a. There is reserved to the United States and its assigns,
the prior right to use any of the right-of-way herein described to
construct, operate and maintain all structures and facilities,
including, but not limited to canals, wasteways, laterals, ditches,
roadways, el ectrical transmi ssion I ines, conrnunication structures
generally, substations, switchyards, powerplants and other appurtenant
irrigation and power structures and faciiities, without any payment
made by the United States for such right.
b. The Grantee further agrees that if the c
any or al1 of such structures and facilities, across,
said right-of-way or premises should be made more expe
of the existence of improvements or works of the Grant
such additional expense is to be estimated by the Secr
Interior, whose estimate is to be final and binding up
hereto. l,/ithin thirty days after demand is made upon
payment of any such sums, the Grantee will made paymen
United States or any of its assigns constructing such
facilities across, over and undersa'id right-of-way an
the United States. As an alternative to payment, the
onstructi on of
under or u pon
nsive by reason
ee thereon,
etary of the
on the parti es
the Grantee fort thereof to the
structures and
d premises of
Grantee, at
its sole cost and expense and within the time limits established by
the Government, may remove or adaPt facilities constructed and
operated by it on iaid right-of-way and premises to accormodate the
aiorementioned structures and faciiities of the United States. The
Grantee shall bear the cost to the Government of any costs occasioned
by the failure of the Grantee to remove or adapt its facilities within
the time I imits specified.
c" There is also reserved to the United States the right
of its officers, agents, employees, 'l icensees and permittees' at all
proper times and piaces freely to have ingress to,,passage over, and
bgrlss from all o? said right-of-way and [remises for the purpose of
eiercising, enforcing and protecting the rights reserved herein.
d" The Grantee further agrees that the United States and
the District, and their officers, agents and employees and assigns
shall not be held Iiable for any damage to the Grantee's imProvements
or works by reason of the exercise of the rights here reserved; nor
shall anytiing contained in this paragraph be construed as in any
manner limiting other reservations in favor of the United States
contained in this agreement.
12. The Grantee hereby agrees to indemnify and hold harmless
the Uniied States, and the Dis[rict and their agents and employees'
from any loss or damage and from any liability on account of
personai injury, death, or property damage, or claims for personal
3
injury, death,
whomsoever made
agreement,
tinuance
ment for
or property damage of any nature whatsoever and byarising out of the Grantee's activities under thls
- 13. Upon termination of this agreement for any reason, theGrantee shall at the option of the Contracting 0ffiier remove allstructures and facilities placed upon the premises and/or r.ight-of-way
by the Grantee and shall restore the premises and/or right-oi-way
occupied by such structures and facilities to a cond.ition satisfictoryto the Contracting 0fficer. If the Grantee fails to remove itsstructures and facilities within sixty (60) days after the terminationof-the agreement, provided such request has been made by the ContractingOfficer, such structures and facilities, at the option 6f the Con-
tracting Officer, shall become the property of the United States.
14. The provisions of this agreement shall apply to and bind
the successors and assigns of the parties hereto, but no assignment
or transfer of this agreement or any part or interest therein shall
be valid until approved by the Contracting 0fficer.
15. This agreement shall terminate:
a. At the option of the Contracting Officer if the Granteefails to comply with any of the terms and conditions thereof.
c. At the request of the Grantee by giving written notice
to the Contracting 0ffi cer.
16" The Grantee hereby agrees as follows:
a. To comply with Title VI (Section 601) of the Civil Rights
Act of July 2, 1964 (78 Stat. 241) which provides that "No person in
the United States shall, on the ground of race, color, or nationa'l
origin, be excluded from participation in, be denied the benefits of,
or be subject to discrimination under any prograrn or activity receiving
Federa l financial assistance," and to be bound by the regulations of
the Department of the Interior for the effectuation thereof, as set
forth in 43 CFR 17.
b. At the option of the Contracting Officer upon discon-
by the Grantee of the use of the area covered by this agree-
a period of six (6) consecutive months.
4
b. To obligate its subcontractors, subgrantees, trans-
ferees, successors in interest, or any other participants receiving
Federal financial assistance hereunder, to comply with the require-
ment of this provision.
)
17. No Member of or Delegate to Conqress or resident commissionershall be admitted to any share or part of this agreement or to any
benefit that may arise herefrom. This restriction shall not be con-
strued to extend to this agreement if made with a corooration or
company for its general benefit.
IN WITNESS WHERE0F, the parties hereto have executed this
agreement the day and year first above written.
THE UNITED STATES OF AMERICA
B
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eq ona r or,on
Water and Power Resources Service
Box 043 - 550 West Fort Street
Boise, Idaho 83724
CITY OF ERIDIAN
Ada , State of Idaho
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Attest:
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STATE
County
affi xed
OF IDAHO
of ADA
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0n this lst day of February , L9 82 , personally
appeared before me, Joseph L. Glaisyer , Mayor, and Lawana L. Niemann
City C1erk, to me known to be the officials of the CITY 0F MERIDIAN,
IDAH0, who executed the within and foregoing instrument and
acknowledged said instrument to be the free and voluntary act
and deed of said City of Meridian, for the uses and purposes
therein mentioned, and on oath stated that they were authorized
to execute said instrument,
IN WITNESS !{HEREOF, I have hereunto set my hand and
my official seal the day and year first above written.
,yL44A
(SEAL )
STATE
County
OF IDAHO
of ADA
otary
Notary
State
or t
or t
u c ln a e
State of Idaho
Residing at Meri dian, Idaho
My conmission expires: March 12, 1983
SS
0n this 3llaay of {Ydrah ' 1992, personallv
appeared before me L'|,v, Lloyl , to me known to be
thl official of the United States of America that executed
the within and foregoing instrument and acknowledged said - .
instrument to be th6 free and voluntary act and deed of said
United States for the uses and purposes therein mentioned, and
on oath stated that he was authorized to execute said
instrument.
IN I^IITNESS I.IHEREOF, I have hereunto set my hand and
affixed my official seal the day and year first above written.
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My commi ssi on expires:
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320 March 15, 1982
770.-
Mr. l,l. Neal Eager
Tudor Engi neeri ng Company
1802 North 33rd Street
Boi se, Idaho 83703
Dear l'1r. Eager:
Enclosed for the records of the City of l4eridian is a ful'ly executed duplicate
original of contract No. 2-07-10-10523 which authorizes the City to cross
Ninemile Creek Drain and Rutledge Lateral with a sanitary sewer'line.
Sincere'ly,
roject S upe ri ntendent
Enc I os ure
't,
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