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HomeMy WebLinkAbout1991 US Department of Interior Ten Mile Drain Crossing Sewer Line a� - :l1� United States Department of the Interior 7 _ o BUREAU OF RECLAMATION CENTRAL SNAKE PROJECTS OFFICE "h' 19Q 2I4 BROADWAY AVENUE BOISE, 1DAHO 83702-7298 IN REPLY REFER TO: 320 February 12 , 1991 Mr. Gary Smith City of Meridian 33 East Idaho Meridian ID 83642 Subject: Crossing of Ten Mile Drain with a Sewer Line in Sec. 13 , T. 3 N. , R. 1 W. , Boise Meridian, Idaho (Crossing Agreement) Dear Mr. Smith: Enclosed for your records is a fully executed duplicate original of contract No. 1-07-11-L0745, which authorizes the City' s sewer line crossing of the Ten Mile Drain. If you have any questions, please contact John Caywood at 334-1463 . Sincerely, ?rrold D. egg roject Su erintendent Enclosure (s) 1 R ER 2/13 Contract No . 1-07-11-LO745 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION Boise Project, Idaho CROSSING AGREEMENT THIS AGREEMENT, made this 12th day of February , 19 91 pursuant to the Act of Congress June 17 , 1902 (3 2 Stat. 3 8 8) , 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 the CITY OF MERIDIAN, hereinafter referred to as the City. WITNESSETH, THAT: 2 . WHEREAS, in connection with the Boise Project, 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 cer- tain power, communication and irrigation works hereinafter called the Project facilities; and, 3 . WHEREAS, the City desires to construct, operate and main- tain a sanitary sewerline aligned along the Project facility known as the 10-Mile Drain, to be connected to the existing sewerline of the City; and, 4 . WHEREAS, the Project facility, known as the 10-Mile Drain, is being operated and maintained by the Nampa-Meridian Irrigation District, hereinafter called the District, under a repayment con- tract with the United States. 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 City, subject to the terms and conditions of this agreement, the right to construct, operate and maintain a sanitary sewerline aligned along the Project facility known as the 10-Mile Drain and right-of-way in Section 13 , Township 3 North, Range 1 West and the SW, 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 "A, " and modified in the manner shown on the attached Exhibit "B, " said ex- hibits by this reference being made a part hereof. 6. The City shall adhere to the following special require- ments in the construction, repair, operation and maintenance of the sanitary sewerline: a. Prior to actual construction, the City shall notify the Contracting Officer or District so that they or their represen- tative can inspect the work. b. All backfill placed adjacent to the 10-Mile Drain shall be placed and compacted to the satisfaction of the Contracting Officer. No backfill will be placed below the highwater mark of the 10-Mile Drain. The drain and appurtenant works shall be restored by the City to a condition at least as good as before the construction was accomplished. 7 . The sewerline shall be constructed, operated and main- tained by the City without cost to the United States, the District or their 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 City within the right-of-way of the United States shall be under- taken only at times, according to plans, 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 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 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 shall cause this agreement to be subject to immediate termination at the option of the Contracting Officer. 9 . The United States has only an easement right at the point of crossing of the drain; therefore, the City shall obtain further clearance from the parties owning the underlying fee. 10. This agreement is granted subject to all rights previously acquired by third parties. 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 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. 2 b. The City further agrees that if the construction, operation or maintenance of any or all 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 improvements or works of the City thereon, such additional expense is to be final and binding upon the parties hereto. Within thirty (30) days after demand is made upon the City for payment of any such sums, the City will make payment thereof to the United States or any of its succes- sors or assigns constructing such structures and facilities across, over and under said right-of-way of the United States. As an alter- native to payment, the City, 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 City shall bear any costs incurred by the United States occasioned by the failure of the City to remove or adapt its facilities within the time limits specified. C. There is also reserved to the United States and the District the right of their 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 pur- pose of exercising, enforcing and protecting the rights reserved herein. d. The City further agrees that the United States, the District, their officers, agents and employees and their successors and assigns shall not be held liable for any damage to the City's improvements or works by reason of the exercise of the rights here reserved; nor shall anything contained in this paragraph be con- strued in any manner limiting other reservations in favor of the United States contained in this agreement. 12 . The City hereby agrees to indemnify and hold harmless the United States, the District, their officers, agents and employees from any loss or damage and from 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 whomsoever made arising out of the City' s activities under this agreement. 13 . Upon termination of this agreement for any reason, the City shall, at the option of the Contracting Officer, remove all structures and facilities placed upon the premises by the City and shall restore the premises 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 Officer, 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 •District, the expense of such removal to be borne by the City. 3 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. This provision, however, shall not apply to the placing of mortgages, deeds of trust or similar liens upon the interest of the City or upon the City' s own improvements on the premises covered by this agreement, or to the pledge or assignment of this agreement as security for the financing of the City or to voluntary or involuntary transfers in pursuance of such instruments. 15. This agreement shall terminate: a. At the option of the Contracting Officer if the City fails to comply with any of the terms and conditions hereof. b. At the option of the Contracting Officer upon discon- tinuance of the use of the facilities constructed by the City in accordance with the terms of this agreement for a period of six (6) consecutive months. C. At the request of the City by giving written notice to the Contracting Officer. 16. No member of or Delegate to Congress or resident commis- sioner 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 if made with a corporation or company for its general benefit. 4 IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. THE UNITED STATES OF AMERICA By q.. Pro ' ct S int nt C ral Snake P ects Office B reau of Reclamation 214 Broadway Avenue Boise, Idaho 83702 CITY OF MERIDIAN (SEAL) By Attest: Title Titl This agreement has been considered and is hereby approved by the NAMPA-MERIDIAN IRRIGATION DISTRICT this 5th day of February 1991 NAMPA-MERIDIAN IRRIGATION DISTRICT By Attest: Title Vice-President Secretary 5 I - ? �- � • I �� � < j;a a {. �� � � � � .. �. _' 7 ,-. ��, , �_ ✓ l � �/ /�J y ^- �.. J � -.v __ - - .1i ., y- f �� i �� � �� STATE OF IDAHO ) ss County of Ada ) On this 12th day of February 19 91 , personally appeared before me c1e,r-Vo1d Q!Q to me known to be 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 af- fixed my official seal the day and year first above written. No is in and for the S,�at6 of Idaho (SEAL) e iding at Boise commission expires: acpA8IfLt_ * * * * * * * STATE OF IDAHO } ss County of A4 4 ) On this day of a0VG416t-A 19?V , personally appeared before me V , and , to me known to be the of icials of the CITY OF MERIDIAN, who executed the within and foregoing instrument and acknowledge that they signed the same as the free and voluntary act and deed of said City for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and af- fixed my official seal the day and year first above written. AA i uT Notary P s in and for the State of daih (SEAL) "* AUB \�' * Residing at �O454& My commission expires: /0-274A OF 6 i rf _ �:.. �r i C �� _ h _ _ '� .n � y,,�` ,1```� rN, I '-1 •1 � ,' ��a Jt. �` •3 sae ',Y,,F � 1r �� - n°� n. ,...;,• R ` NUB OF TREASURE VALLEY A Good Place to Live y OFFICIALS __ .. COUNCILMEN JACK NICEGA NN.City S,Treasurer lc CITY OF MERIDIAN- _ RONALD BER MYERSTOLSMA 3ANfCE GASS,Treasurer I J.E.BERT MYERS rk9 Supt. WAYNEG.CROQKSTON/JRoAftorney 33 EAST IDAHO MAxYERRINGTON EARL WARD,Waste WaferSupt.KENNY BOWERS,Fire Chief MERIDIAN,IDAHO 83642 _= Chairman zoning a Planning BILL GORDON,Police Ch+ef Phone 888-4433 -i — - - --F---JIM JOHNSON GARY SMITH,City Engineer GRANT P.KINGSFORD Mayor --�J July 30. 1990 -4`�➢ 6 S;as i� f� Mr . John Anderson, Superintendent Nampa & Meridian Irrigation District 1503 First Street South Nampa, Idaho 83651-4395 RE: 1990 Ten Mile Drain Sewer Project Dear Mr . Anderson: Regarding your letter to Jerrold Gregg (Bureau of Reclamation) dated 24 July 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 for at 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. If you can transmit the two copies of the agreement you received from the Bureau to me I will have it signed by my Mayor and back to you for your August 7 Board Meeting. Sincerely, Gary D. Smith, PE ►w::= ,�-ua y City Engineer ; cc: File Jerrold Gregg E.Ward