HomeMy WebLinkAboutCrossing Agreement with United States Department of Interior for Arrowrock Division'A~A COUNTY RECORDER
J. DAVID NAVARRO
,ZOOIHY31 PH 1:39
ilECORDED- REQUEST OF
Cont.
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
No. 0-07-11-L1508
Boise Project, Arrowrock Division, Idaho
CROSSING A~REEMENT
THIS AGREEMENT, made this -~-~--day of ~y , 2001,
pursuant to the Act of Congress June 17, 1902 (3~ Stat. 388), and
acts amendatory thereof or supplementary thereto, all of which
acts are commonly known and referred to as the Federal
Reclamation Laws, between the United States of America,
hereinafter called the UNITED STATES, represented by the officer
executing this agreement, hereinafter referred to as the
CONTRACTING OFFICER, and City of Meridian, hereinafter referred
to as the GP~ANTEE.
WITNESSETH, THAT:
2. WHEREAS, in connection with the Boise Project,
Arrowrock Division, hereinafter referred to as the Project, the
UNITED STATES, through the Bureau of Reclamation, Department of
the Interior, has, pursuant to Federal Reclamation Laws,
constructed and owns, operates and maintains certain power,
communication and irrigation works hereinafter called the Project'
facilities; and,
3. WHEREAS, the Project facility, known as the Five Mile
Drain, is being operated and maintained by the Nampa Meridian
Irrigation District, hereinafter called the District, under a
repayment contract with the UNITED STATES; and,
4. WHEREAS, the GRANTEE desires to install sewer lines
located in and across said Project waterway.
NOW, THEREFORE, in consideration of the mutual covenants and
stipulations hereinafter stated, the parties hereto do mutually
agree as follows:
5. The UNITED STATES hereby grants to the GRANTEE, subject
to the terms and conditions of this agreement, the right to
construct, operate and maintain said improvement and appurtenant
structures across said waterway in the SW~, Sec. 35, T4N, R1W,
B.M., in the manner and at the location shown on the attached
RECEIVED
HAY 3 2001
5o
SCALE ~N FEET
VICINITY MAP
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UNDER
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SANITARY SE~ER CROSSING PLAN
FIVE MILE DRNN
PVI SEWER
LINE A
+00
4*00 3+00
SANITARY SEWER PROFILE
FIVE MiLE DRAIN CROSSING
2+00
._254__~
_~535 I
NPW NO.
APPLICANT: GLENN JOHNSON HOMES
WATERWAY= FIVE MILE DRAIN
N3A COUNTY, IDAHO
I SH, ( OF,~
Vr~T;CAL
3,4
PROJECT
LOCATION
VICINITY MAP
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SANITARY SEWER PROFILE
FIVE MILE DRAIN CROSSING
sC~-E BI FEET
0 5 10 15 20 2.5
NPW NO.
APPLICANT= GLENN JOHNSON HOMES
WATERWAY: FIVE MILE DRAIN
ADA COUNTY, IDAHO
SH. 2 OF ~l'~
DATE: OCTOBER 14, 1999
7. There is reserved to the UNITED STATES, its successors
and 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, electrical transmission lines,
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.
8. There is reserved to the UNITED STATES the right of its
officers, agents, employees, licensees and permittees at all times
and places freely to have ingress to, passage over and egress from
all of said right-of-way for the purpose of exercising, enforcing
and protecting the rights reserved herein.
9. The UNITED STATES, its officers, agents and employees
and its successors and assigns shall not be held liable for any
damage to the GRANTEE's improvements or works by reason of the
exercise of the rights here reserved; nor shall anything contained
in this paragraph be construed in any manner limiting other
reservations in favor of the UNITED STATES contained in this
agreement.
10. This agreement shall terminate at the option of the
CONTRACTING OFFICER if the GRANTEE fails to comply with any of the
terms and conditions hereof, upon mutual agreement of all parties,
upon six (6) months' nonuse of this improvement by the GRANTEE, or
if the CONTRACTING OFFICER determines that there is an overriding
public or project need for the land for an incompatible use.
11. No member of or Delegate to Congress or resident
commissioner shall be admitted to any share or part of this
agreement or to any benefit that may arise herefrom. This
restriction shall not be construed to extend to this agreement
made with a corporation or company for its general benefit.
if
12. The GRANTEE agrees as follows:
a. GRANTEE's structures shall be constructed, operated
and maintained by the GRANTEE without cost to the UNITED STATES or
its assigns, and in such a manner as to cause no interference with
the normal operation of the works of the UNITED STATES. All
construction, reconstruction and maintenance work performed by the
GRANTEE upon the premises of the UNITED STATES shall be undertaken
only at times, according to plans, and in a manner satisfactory to
the CONTRACTING OFFICER.
b. To construct, operate and maintain its structures
in a good, workmanlike manner and shall insure compliance with all
laws, regulations and orders of the UNITED STATES and any other
public authority affecting such works. The failure of the GRANTEE
after due notice to abide by any of the terms and conditions of
any applicable laws, rules or regulations shall cause this
agreement to be subject to immediate termination at the option of
the CONTRACTING OFFICER.
c. Ail backfill placed in canals or the embankments of
canals shall be placed and compacted to the satisfaction of the
CONTRACTING OFFICER. The canal and appurtenant works shall be
restored by the GRANTEE to a condition at least as good as before
the work was accomplished.
d. If the construction, operation or maintenance of
any or all of such structures and facilities of the UNITED STATES
across, over, under or upon said right-of-way should be made more
expensive by reason of the existence of improvements or works of
the GRANTEE thereon, such additional expense is to be estimated by
the Secretary of the Interior, whose estimate is to be final and
binding upon the parties hereto. Within thirty (30) days after
demand is made upon the GR3~NTEE for payment of any such sums, the
GRANTEE will make payment thereof to the UNITED STATES or any of
its successors or assigns. As an alternative to payment, the
GR_A_NTEE, at its sole cost and expense and within the time limits
established by the UNITED STATES, may remove or adapt facilities
constructed and operated by it on said right-of-way to accommodate
the aforementioned structures and facilities of the UNITED STATES.
The GRANTEE shall bear any costs incurred by the UNITED STATES
occasioned by the failure of the GRAi~TEE to remove or adapt its
facilities within the time limits specified.
e. To indemnify and hold harmless the UNITED STATES,
its officers, agents and employees from any loss or damage and
from any liability on account of personal injury, death or
property damage, or claims for personal injury, death or property
damage of any nature whatsoever and by whomsoever made arising out
of the GR3uNTEE's activities under this agreement.
f. The Grantee shall comply with all applicable
Federal, State, and local laws and regulations, and Reclamation
policies and instructions, existing or hereafter enacted or
promulgated, concerning any hazardous material that will be used,
produced, transported, stored or disposed of on or in lands,
waters or facilities owned by the United States or administered by
Reclamation.
go "Hazardous material" means any substance, pollutant
or contaminant listed as hazardous under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980,
as amended, 42 U.S.C. § 1901, et seq., and the regulations
promulgated pursuant to that Act.
h. The Grantee may not allow contamination of lands,
waters, or facilities owned by the United States or administered
by Reclamation by hazardous materials, thermal pollution, refuse,
garbage, sewage effluent, industrial waste, petroleum products,
mine tailings, mineral salts, pesticide containers or any other
pollutants.
i. The Grantee shall report to Reclamation, within 24
hours of its occurrence, any event which may or does result in
pollution or contamination adversely affecting lands, water or
facilities owned by the United States or administered by
Reclamation.
j. Violation of any of the provisions of this article
shall constitute grounds for immediate termination of this
contract and shall make the Grantee liable for the cost of full
and complete remediation and/or restoration of any Federal
resources or facilities that are adversely affected as a result of
the violation.
k. The Grantee agree to include the provisions
contained in paragraphs (g) through (k) of this Article in any
subcontract or third party contract it may enter into pursuant to
this contract.
1. Reclamation agrees to provide information necessary
for the Grantee, using reasonable diligence, to comply with the
provisions of this Article.
m. This activity may require a Stream Channel
Alteration Permit from Idaho Department of Water Resources (ph.
324-2190) and/or a "404" Permit from the U.S. Army Corps of
Engineers (ph. 343-0671); therefore, the GRANTEE shall obtain any
needed further clearance from those agencies.
n. 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 national origin, be excluded from participation ~n, be denied
the benefits of, or be otherwise subject to discrimination under
any program or activity receiving "Federal 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 §
CFR 17."
o. To comply with Section 504 of the Rehabilitation
Act of 1973, P.L. 93-112, as amended by the Rehabilitation Act
Amendments of 1974, P.L. 93-516, and the Rehabilitation,
Comprehensive Service, and Developmental Disabilities Act of 1978,
P.L. 95-602, 29 U.S.C. 700 et seq. which are designed to eliminate
discrimination on the basis of handicap in any program or activity
receiving Federal financial assistance which provides that "No
qualified handicapped person shall, on the basis of handicap, be
excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or
activity which receives or benefits from Federal 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."
p. To comply with the Age Discrimination Act of 1975,
as amended, 42 U.S.C. 6101 et seq.; 45 CFR § 90 which are designed
to prohibit discrimination on the basis of age in programs and
activities receiving Federal financial assistance. The Act also
permits federally assisted programs and activities, and recipients
of federal funds, to continue to use certain age distinctions and
factors other than age which meet the requirements of the Act and
its implementing regulations. The Act provides that "No person in
the United States shall, on the basis of age, be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal
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."
q. To obligate its subcontractors, subgrantees,
transferees, successors in interest; or any other participants
receiving Federal financial assistance hereunder, to comply with
the above requirements against discrimination.
13. 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 CONTR3~CTING OFFICER.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year first above written.
THE UNITED STATES OF AMERICA
By
214 Broadway Avenue
Boise, Idaho 83702
State of Idaho )
) ss
County of Ada )
On this (~ day of ~ , DOC0, personally appeared
before me ~--~D,(~ ~;tll~ ~.~F~,~F. , to me known to be
the offici~of the Cit~ of Meridian ~hat executed the within and
foregoin~ instrument and acknowledged said instrument to be the
free and voluntary act and deed of said City for the uses and
purposes therein mentioned, and on oath stated that he was
authorized to execute said instrument.
IN WITNESS WHEREOF,
my official
(SEAL)
I have hereunto set my hand and affixed
seal t.h~s~a¥, and year first above written.
. , ~ ,~. N and for the
~ ~ ~ · State of ~o
%:~SOF~~.~ :.' My commission expires: 9-~
State of Idaho )
) ss
County of Ada )
On th~day of ~f ~ , to me known to be
, 200 ,~-personally appeared
before me ~ ~.~
the official of the UNITED STATES OF AMERICA that executed the
within and foregoing instrument and acknowledged said instrument
to be the 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 WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year first above written.
Notary Public in~nd for the
State of Idaho
Residing at/~x
My commission expires:~/-/~-~-~