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Home My WebLink About1991 – Department of Interior Ten Mile DrainUnited States Department of the Interior BUREAU OF RECLAMATION CENTRAL SNAKE PROJECTS OFFICE 2I4 BROADWAY AVENUE BOISE. IDAHO 83702-7298 IN REPLY REFER TO 320 February 12, 1991 Mr. Gary Smithcity of Meridian 33 East Idaho Meridian ID a3642 Subj ect :crossing of Ten Drile Drain with a serrer Lj-ne in Sec. 13,T.3 N., R.1 w., Boise Meridian, Idaho (Crossing Agreement) Dear I'1r . Snith : EncLosed for your records is a fulIy executed duplicate original ofcontract No. 1-07-11-Lo745, which authorizes the cityrs sewer l-inecrossing of the Ten Mile Drain. If you have any questions, please contact John calMood at 334-1453. Sincerely, old D, oj ect Enclosure(s) egg intendent RLCEIVTD tsY CITY OF tiJRlilirr${ CITY ENGII\IEER ILl3 Qt I Contract No. 1-07-11-L07 45 UNITED STATES DEPARTMENT OF ?HE INTERIOR BUREAU OF RECLAMATION Boise Project, Idaho THIS AGREEMENT, made thi.s 12th day of Fe b ruary L9 9L , pursuant to the Act of Congress June 17, l9O2 (32 Stat. 388), and acts arnendatory thereof or supplementary thereto, all of whichacts are commonly known and referred to as the Federal Reclarnation Laws, between the UNITED STATES OF AI,IERICA, hereinafter cal,led the United States, represented by the officer executing this agreement,hereinafter referred to as the Contracting Officer, and the CITY OF MERIDIAN, hereinafter referred to as the City. WTTNESSETH, THAT: 2. WHEREAS, in connection with the Boise Project, hereinafterreferred to as the Project, the United States, through the Bureau of Reclamation, Departnent of the Interior, has, pursuant to Federal Reclanation Laws, constructed and owns, operates and rnaintains cer-taj.n power, communication and irrigation works hereinafter caIledthe Project facilities; and, 3. WHEREAS, the City des j.res to construct, operate and main-tain a sanitary sewerline aligned along the Project facility known as the 10-Mi1e Drain, to be connected to the existing sewerline ofthe city; and, 4. WHEREAS, the Project facility, known as the 10-Mile Drain,is being operated and ma j-ntained by the Nanpa-lleridian IrrigationDistrict, hereinafter called the District, under a repayment con-tract vrith the United states. NOW, THEREFORE, in consideration of the mutual covenants and stipulations hereinafter stated, the parties hereto do nutually agree as follows: 5. The United states hereby grants to the City, subject tothe terms and conditions of this agreement, the right to construct, operate and maintain a sanitary sewerline aligned along the Projectfacility known as the 10-Ui1e Drain and right-of-way in Section 13, Township 3 North, Range L West and the SWI of Section 18, Township 3 North, Range 1 East, Boise meridian, Idaho. Said sewerline of the City shall be constructed as shown on the attached Exhibit rrA,rr andnodified in the manner shown on the attached Exhibit I'B,'r said ex-hibits by this reference being nade a part hereof. cRassING AGSEET{ENI 6. The City shall adhere to the following spec j.aI require- ments in the construction, repair, operation and maj-ntenance of thesanitary sewerline: a. Prior to actual construction, the City shall notifythe Contracting Officer or District so that they or their represen-tative can inspect the work. b. AIl backfill placed adjacent to the 10-Mi1e Draj-n shall. be placed and compacted to the satisfaction of the Contracting Off j-cer. No backfill wi1] be placed below the highwater nark of the l-0-Mile Drain. The drain and appurtenant r.rorks shall be restored bythe City to a condition at least as good as before the construction was accompl-ished. 7. The sewerline shall- be constructed, operated and nain-tained by the City without cost to the United States, the Districtor their assigns, and in such a Inanner as to cause no interferencewith the nornal operation of the works of the United States. AIIconstruction, reconstruction and naintenance work performed by theCity within the right-of-way of the United States shal1 be under-taken only at tirnes, according to p1ans, and in a manner satisfac-tory to the contracting officer. 8. The City shall construct, operate and maintain its sewer-line and appurtenances in a good, workmanlike manner and shal1insure compliance with the lalrs of the State of Idaho and with all J-aws, regulations and orders of the United States and any other pub- lic authority affecting such works. The failure of the City after due notice to abide by any of the terms and conditions of any appli-cable laws, rules or regulations sha11 cause this agreement to besubject to imnrediate termination at the option of the Contractingofficer. 9. The United States has only an easernent right at the point of crossing of the drain; therefore, the City sha11 obtain further clearance from the parties owning the underlying fee. 10. acqu ired 11. The city agrees as follows: a. There is reserved to the United States, the District,their successors and assigns the prior right to use any of theright-of-way herein descrj.bed to construct, operate and rnaintain allstructures and facilities including, but not limited to, canals,wasteways, laterals, ditches, roadways, electrieal transmission 1ines, communication structures generally, substations, switchyards, powerplants and other appurtenant irrigation and power structures and facilities, without any payment made by the United States or its successors for- such right. This agreement is granted subject to all rights previously by third parties. 2 b. The City further agrees that if the construction, operation or maintenance of any or aII of such structures and facil-ities across, over, under or upon said right-of-way should be made more expensive by reason of the existence of improvernents or worksof the city thereon, such additional expense is to be final andbinding upon the parties hereto. Within thirty (30) days after demand is made upon the City for payrnent of any such sums, the CitywilI nake payment thereof to the United states or any of its succes- sors or assigns constructing such structures and facitities across, over and under said right-of-way of the United States. As an alter-native to pa)rnent, the City, at its sole cost and expense and withinthe time Limits established by the United States, may remove or adapt facilities constructed and operated by it on said right-of-wayto acconnodate the aforenentioned structures and facilities of the United States. The city shaIl bear any costs incurred by the United States occasioned by the failure of the City to remove or adapt itsfacilj-ties within the time Iinj.ts specified. c. There is also reserved to the United States and theDistrict the right of their officers, agents, enpLoyees, licensees and pernittees at all times and places freely to have j-ngress to, passage over and egress fron al-I of said right-of-way for the pur- pose of exercising, enforcing and protecting the rights reserved herein. d. The City further agrees that the United States, theDistrict, their officers, agents and employees and their successors and assigns sha11 not be held 1iab1e for any damage to the Cityis improvements or works by reason of the exercise of the rights herereserved; nor shall anything contained in this paragraph be con-strued in any nanner limiting other reservations in favor of the United States contained in this agreement. L2. The city hereby agrees to indemnify and hold harmless theUnited States, the District, their officers, agents and empLoyeesfron any loss or damage and fron any liability on account of per- sonal injury, death or property damage, or claims for personal injury, death or property damage of any nature whatsoever and by whonsoever made arising out of the City's activities under this agreernent. l-3. Upon terrnination of this agreernent for any reason, the City shaII, at the option of the contracting officer, remove all structures and facilities placed upon the premises by the City and sha1l restore the prernises occupied by such structures and facili- ties to a condition satisfactory to the contracting officer. If the city fails to remove its structures and facilities within sixty (60) days after the termination of this agreement, provided such request has been made by the contracting off j,cer, such structures and facil- ities, at the option of the contracting officer, shall become the property of the United States, and may be removed by the United States or the,Distri-ct, the expense of such removal to be borne by the city. 3 14. The provisions of thi-s agreement shall apply to and bindthe successors and assigns of the parties hereto, but no assignrnentor transfer of this agreernent or any part or interest therein shaIl be valid until approved by the contracting officer. This provision, however, shal1 not apply to the placing of mortgages, deeds of trustor similar liens upon the interest of the City or upon the Cityts own improvements on the premises covered by this agreement, or to the pl-edge or assignment of this agreernent as security for the financing of the city or to voluntary or involuntary transfers in pursuance of such instruments. 15. This agreenent sha11 terrninate: a. At the option of the Contracting Officer if the CityfaiLs to conply \rith any of the terms and conditions hereof. b. At the option of the Contracting officer upon discon- tinuance of the use of the facili.ties constructed by the City in accordance with the terms of this agreement for a period of six (6) consecutive nonths . c. At the request of the City by giving written noticeto the Contracting officer. 15. No menber of or Delegate to Congress or resident commis- sioner shafl be adnitted to any share or part of this agreenent or to any benefit that nay arise herefrom. This restriction shal1 not be construed to extend to this agreenent if made \./ith a corporationor company for its general benefit. 4 IN WITNESS WHEREOF, the parties hereto have executed this agreenent the day and year first above written. THE UNITED STATES OF A.I{ERICA By Pr ctS nt ts officecral Snake ect ionreau of Reclarnat 2 14 Broadr4lay Avenue Boise, Idaho a37 02 CITY OF MERIDIAN ( S EAL) Attest : By Titfe a T 1 t This agreement has been considered and is hereby ap by the NAMPA-MERIDIAN IRRIGATION DISTRICT this sth February proved day of, r,9 91 By Attest : retari, .-) Title Vice-President 5 t'14a,<,t ftt , I I NAMPA-MERIDIAN IRRIGATTON DISTRICT ztl \ 'v-^,*- ******* STATE OF IDAHO county of Ada ( sEAL) STATE OF IDAHO county of AOA on this SS on this 12th day of February , t9 9L , personally.-=7r-l), l\{ecaappeared before me derroldto ne known to be t t executed the within and foregoing instrurnent and acknowledged said instrument to be the free and voluntary act and deed of said UnitedStates for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and af- f j,xed my officiat seal the day and year first above written. No Nota Stat Res i ******* of fdahoiding at Bo conmt ss10n i-n and f or the ise expires: s.p/A t?fA' l17y day of Novembet Dq0 persona 11y app and eared before me to me own to be t eof c1a 1s Of the CITY OF MERTDIAN, executed the within and foregoing instrunent and acknowledge they signed the sane as the free and voluntary act and deed ofcity for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set ny hand andfixed my official seal the day and year first above written. who that said af- T I Ao It $ * 0 P ]-C ]'n and for the L *o \D eof d ing dahot fuBe-a My comrnission expires: trl ( sEAL)a 6 lo-t7-72 ) ) ) ) ) ) ******* n:J,*a HUB OF TREASURE YALLEY A Cood Place to Live 9FFICIALS JACK NlEMANal, Clly Cl.rt JANTCE GASS, Tl6rsur.r ERUCE D STUAFT, w.l.r workr SuPl wAYNEG CnOOKSTON. JB., Allo.n.y aaFL waRo. w! . wrl.r Suot. xENNY EOWEFS, FlroChi.l eTLLGOEOON, Pollc6Chlsl GAAYSMITH. Cily E.ohoer CITY OF MERIDIAN ''' 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phon.888-443! CRANT P. TINGSFORD Mayot If you can transmit the two copies of received from the Bureau to me I will- Mayor anil back to you for your August rcli...1J -l l.J COUNCIIMEN FON^LOA TOLSMA J. E BEFT MYEFS 'l noBEFr GTESLERJ MAX YEEFINGTON - "' -- -Cffil;;in zonlnc & Prrn.rng -...,1. ..- I JtMJoBNsoN*)--_r-l JuIy 30. 1990 rltl !:Pl !'i. !r Dlrll,.r rr rJr$ I I IJ l4r. John Anderson, Superintendent Nampa & Meridj-an Irrigation District I503 First Street South Nampa, rdaho 83651-4395 RE: 1990 Ten Mile Drain Sewer Project Dear Mr. Anderson: Sincerel Gary City D. Snith, PE Eng i neer Fi 1e Jerrold Gregg E. ward v, the agreement you have it signed by my 7 Board Meeting. Regarding your letter to Jerrold Gregg (Bureau of Reclamation) ilated 24 JuIy 1990 and our telephone conversation on July 27. I propose to leave the top of each manhole cover at an eleva-tion approximately 0.5 foot above the existing ground and then transition the access roadway surface up to and away from each manhole for a distance of 20 feet. This will allow you access over the manholes and the access roadway area between the manholes for depositing your ditch cleanings. Also, this will allow us to utilize the manhole covers as installed forat least one ditch cleaning before it is necessary to raise them. Please accept this letter as our intention to resolve the conflict in lieu of revising the plans. I will notify our contractor of the change and copy that letter to you. ! Ti !tr,: rs- -. .";lI i :r --r1