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HomeMy WebLinkAbout1980 Department of the Interior Crossing Agreement UNITED STATES ^=PARTYENT ^= THE INTER!OR WATER AND POWER RESOURCES SERVICE Boise Project, Idaho CROSSING AGREEMENT THIS AGREEMENT, made this day of ?9 , pursuant to the Act of Congress approved June 17, 1902 (32 Stat. 3$8) , and acts amendatory thereof or supplementary thereto, all of which acts are common y 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 called, the Contracting Officer and the CITY OF MERIDIAN, a body politic, hereinafter called the Grantee. WITNESSETH, THAT: 2. WHEREAS, in connection with the Boise Project, Idaho, hereinafter referred to as the Project, the united States through the Water and Power Resources Service, Department of the Interior, has pursuant to Federal Reclamation Laws, constructed and owns certain power, communication and irrigation works, hereinafter called Project facilities; and 3. WHEREAS, the Project facilities are being operated and maintained under a repayment contract between the Unitod States and the Nampa and Meridian Irrigation District of the Boise Project, hereinafter called the District; and 4. WHEREAS, the Grantee desires to construct, operate and maintain a 6-00 sewer'ine under and across the Project waterway known as Nine&i n Drain. NOW, THEREFORE, in consMeration of the mutual covenants and stipulations � o—einafter stated, the parties hereto agree as follows : V 5. The United States herejy grants to the Grantee, su5ject to the terms and conditions of this agreement, the right tD c rstruct, operate and maintain a 6-inch sewerline under and across the hinemile Dram and right-of-way in the EhNEa of Section Ii, Township 3 North, Range 1 'West, Boise meridian, Idaho, as the location is shown on the attached Sxhibit "A" and in the manner shown on the attached Exhibit "B% said exhibits are by this reference made a part hereof. 6. The Grantee shall a 0e re to the following snecial require- ments in the ccnvtr'.:=':n, reps: -, operation and maintenance of the sewerline crossir a. The Grantee, upon completion of construction of its facilities, shall install distinctively painted and identified metal posts extending not less than four feet above ground surface at the outside toe of each embanknent or other physical extremity of the facilities of tie United States and five feet, measuret at right angles, to the right-of-way of the sewerline center oe when looking in the d i rect- on in which the station: increases, Lc:-tlonal posts shall be set by the Grantee s directed by the Contrac0ng Officer to mark each angRe point and points of curve and tangent on said waterline within the rights-&-way of the United States. b. 'rior to actual construction or mair, the Grantee shall notify the Contracting Officer or District so that they or their representative can inspect the work. c. There shall be no blasting within or adjacent to drain right-of-way. V 7. The sewerline sha71 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 flew of water in canals, laterals, ditches, or other irrigation facilities, or interference with the normal. operation of works of the United States or District. All construction, reccn- struction and maintenance w ,k performed by the Grantee within the right-of-way of the United Rates shall be undertaken only any times, according to plans , and in a manner satisfactory to the Contracting Officer. All bag: fill placed by the Grant. _ in the drain or other waterway embankments shall be watered beyond any other compaction to insure V a t no voids exist anywhere and especially around the pipe. The drain and appurtenant arks shall be restored by the Grantee to a condition at :east as good as before the crossing was vide. 8. The Gran oe shall construct, operate and maintain its sewer- line crossing and appirtenances in a good workmanlike manner and shall insure compliance with the law the State of Idaho and with all laws, regulations and orders of she !United States and any o ?er public aw.tnoritwr affecting such works. The failure of the Grantee after We notice to abide by aAy of the terms ano conditions of the applicable laws, rules cr regulations, shall cause this agreement to be subject • to immediate termination at the option of the Contracting Officer. 9. ThYs agreement is granted subject to all rights previously acquired by `hire parties. 2 10. The United S ates has only an easement right at the crossing covered by tris agreement; the -•efore, the Grantee shall obta-',n any further clearance it may reo-,gyre from the parties owning the underlying fee to the land on whic': the crossing is '.ocated. 11. The Grantee agrees as follows: 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 strL.Mt res arc facilities, including, but not limited to canals, wasteways, laterals, ditches, roadways, electrical transmission ': " nes, communication structures generally, substations, switchyards, powerplants and other appurtenant irrigaticn and power structures and facilities, without any payment made by L:,e United States for such right. b. The Grantee further agrees that if the construction of any or all of such structures and facilities, across, 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 fina; and binding upor the parties hereto. Within thirty days after demand is mane upon the Grantee for payment of any such sums, the Grantee will make payment thereof to the United States or any of its assigns constructing such structures and facilities across, over and under said right-of-way of the United States. As an alternative to payment, the Grantee, at. its sole cost and expense and within the time limits established by the Government, may remove or adapt facilit-i-s constructed and operated :;y it on said right-of-way to accommodate the aforementioned structures and facilities of the 'United Sta' s. The Grantee shall bear the cost to the Government o .-y cc-,'-s occasioned by the failure of the Grantee to remove or adapt its facilities the time limits specified. c. There is also reserved to the United States the right of its officers, agents, employees, licensees and permittees, at all proper times and places fr-.-Aiy :o have ingress to, passage over, and egress from all o-' said right-of-w:y fir t'le purpose of exercising, enforcing and protecting the ricn, s reserved herein. d. The Grantee furt^er agrees that the United States and th4 Di.str`.c'--, "he-: r cffic:?rs, agents and employees and assigns shall not be hele liable for any damage to the Grantee's improvements or works by reason of the exercise of the rihts here reserved, nor iall anything contained in t: �-aragraph be construed as it any manner lim?ti;:a other reservat-ons in favor o-` tnc 'Jnited States contained in th.is a_,reement. 12. The Grantee hereby agrees to indemnify and hold harmless the United States, a,,: u:iw '-is.rict and their agents and employees, 3 from any loss or damage and from ary liabi'. ity on account of personal injury, death, or pro,-1.-y damage, or claims for :personal injury, death, or 'Droperty damage of ary nature whatsoever and by whomsoever made arising out of the Grantee's activities under this agreement. 13. Upon termination of this agreement for any reason, the Grantee shall at the option cf the Contracting Officer remove all structures and facilities placed upon the premises by the Grantee and steal: restore the premises occupied by such structures and facilities to a condition satisfactory to the Contracting Officer. If the Grantee falls to remove its structure, and facilities within sixty (60) days after the termination of the agreement, provided such request has been made by the Contracting Officer, such structures anc facilities, at the optic -. cl the Contracting Of-Ficer, 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 Officer. 15. This agreement shall terminate: a. At the option of the Contracting Officer if the Grantee fails to comply with any of the terms and conditions thereof. b. At the option of the Contracting Officer upon discon- tinuance by the Grantee of the use of the area cove- this agree- ment for a period of six (6) consec-,five months. c. At the request of the Grantee by giving written notice to the Contract-'ng Off:cer. 16. The Grantee hereby agrees as follows: a. To comply with Title VI (Section 601) of the Civil Rights Act of July 2, 19V 178 Stat. 241) whic:-, arcv;des that "No person in the United States shall , on the ground of r�.::e, color, or n_.ional origi►r; tie excluded from partici^ation in, be denied the benefits of, or be subject to discrimination tinder any nrogra«: 7.CtlVjty receiving Federal financial assistance," and to be bound by the regulations of the Department of the Interior . cr the effect::ation thereof, as set forth in 43 CFR =7. b. 7o obligate its subcontractors, subgrantees, transferees, successors in interest, or any other participants receiving Federal financial assistance hereunder, to comply with the requirement; of this provision. 4 17. No Member or 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 con- strued to extend to !',is agreement if made with a corporation or company for i rs g!n.eral. benefit. I'�� WITNESS I.-I EREOF, the parties hereto have executed this agreement t^e day i:,d year first above wr tte°-. '!'E I?NITE STATES OF AMER-CA By Regional Director, PN Region Water and Power Resources Service Box 043 - Fri West Fort Street Boise, Idaho 83724 CITY OF ' =RIDIAN Ada Cc nly, State of Idaho (SEAL) By May r Attest: J yy Clerk i The above agreement has been cons;dered and is hereby approved by the NAYS A AN"-) 'MERIDIAN IRRIGATION DISTRICT th i s mix r day ofk 9 �d NAMPA AND MERIDIAN IRRIGATION DISTRICT By. f At-_est: Title a v Se e: .-y-Treaslro 5 STATE OF 1'A:0 ; ss County of DA ? Or, this 24th day of September 1980 personally appeared before me,JOSEPH GLAISYER, !'ayor, and LaWANA L. NIEMANN, City Clerk, to me know! to be the o-F-F'c- a s of the ""TY OF MERIDIAN, IDAHO, who execrated 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 states that --hey were 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. (.SEA—' ) - . `z-- Notary Public in and for the State of Idaho Res-ding at Mer'dian My commission expires: STATE OF DIAHO ) SS County of ADA ). On this day of , 19 personally appeared before me , to me known to be the official of t,,e United Sates of America that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act end deed of said United States for the uses and purposes therein mentioned, and on oath stated tna _ e was authorizes to execute instrument. 21 'h:T�'wSS "?70F, Y nave hereunto set my hand and affixed my _fficial s the day and year first above written. (SEAL) Notary Pubic in and for the State o-A Ida :. Residing .. My commission expires - 6 r � I N I M1 I� rr z • _ , 1_ APOAD Do lb ,II tli' Jr. v� L . 1 � 1l ' �. to on y i --• _ •��4 a �/!-' '�: � N J 4 w C , a i r I 1 � i�Y y 5 •Y - i~ � � � fir^.'_` •�: .... `...a 'err/ �,,tj OF r United States Department of the Interior f o WATER AND PO ER RESOURCES SERVICE . �, BilA�Ari�-0F-R��Ir4ArT� CENTRAL SNAKE PROJECTS OFFICE ti gq 214 BROADWAY AVENUE BOISE, IDAHO 83702 U KE PI,I RHLK lo: 320 September 9, 1980 770.- Mr. Lew Keys c/o Keys, Olson and Ensley Architects 681 Sixth Street North Ext, Nampa, Idaho 83651 Dear Mr. Keys: Enclosed for the consideration of the City of Meridian are two dupli- cate originals of a crossing agreement which grants the City the right to cross the Ninemile Drain with a 6-inch sewerline. Please present these agreements to the City and if they are in agree- ment with the terms and conditions contained therein, have both copies signed and notarized as indicated and returned to this office for final execution. Sincerely, %.704 6 Project Superintendent Enclosure (In Duplicate) e;