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HomeMy WebLinkAboutCrossing Agreement with NMID~~ `e~r ~ • (Duplicate Ori~ial) i Contract No. 807-10~L0154 ~;!>`_ ~ UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION Boise Project, Idaho CROSSING AGREEMENT THIS AGREEMENT, made this 18th day of April , .1978 pursuant to the Act of Congress approved June 17, 1902 (32 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 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, Arrowrock Division, Idaho, 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 certain power, communication and irrigation works, hereinafter called Project facilities; and 3. WHEREAS, the Project facilities are being operated and maintained under repayment contracts between the United States and the Nampa & Meridian Irrigation District; and 4. WHEREAS, the Grantee desires to construct, operate and maintain a waterline under and across the Project waterway known as the Fivemile Creek. NOW, THEREFORE, in consideration of the mutual covenants and stipulations hereinafter stated, the parties hereto 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 a waterline under and across the Project waterway as hereinafter described: t o k` R i~ A crossing of Fivemile Creek on the east side of Meridian ~' Street in the W12W2SW'4 of Section 6, Township 3 North, Range 1 East, Boise meridian, Ada County, Idaho, with a 10~-inch water main, to be located and constructed as shown on the attached Exhibit "A", and by this reference made a part .hereof. 6. The Grantee agrees to adhere to the following special requirements in the construction, repair, operation and maintenance of the waterline crossing. 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 embankment or other physical extremity of the facilities of the United States and five feet, measured at right angles, to the right~of~way of the pipeline centerline when looking in the direction in which the station increases. Additional posts shall be set by the Grantee as directed by the Contracting Officer to mark each angle point and points of curve and tangent on said lines within the rights~of~way of the United States. b. prior to actual construction or repair, the Grantee shall notify the Contracting Officer so that he or his representative can inspect the work, c. There shall be no blasting within or adjacent to canal right-of~way. 7. The waterline crossing 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 or stoppage i of the flow of water in canals, laterals, ditches or other irrigation facilities, or interference with the normal operation of works of the United States, All construction, reconstruction and maintenance work performed by the Grantee within the right-ofRway of the United States sha11 be undertaken only at times, according-to plans, and in a manner satisfactory to the Contracting Officer. All backfill placed by the Grantee in the canal or other waterway embankments, shall 6e compacted to the satisfaction of the Contracting Officer ~~ and sha71 be restored by the Grantee to a condition at least as good as before the crossings were made. 8. The Grantee shall construct, operate and maintain its water- 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 authority affecting such works, The failure of the Grantee after due notice to abide by any of the terms and conditions of the 2 s! 1 • applicable laws, rules or regulations, shall cause this agreement to be subject to immediate termination at the option of the Contracting Officer. 9. This agreement is granted subject to all rights previously acquired by third parties. 10. The United States has only an easement right at the crossing covered by this agreement; therefore, the City of Meridian shall obtain any further clearance it may require from the parties owning the underlying fee to the land on which the crossing. is located. 11. The Grantee agrees as follows: a. 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, e]ectrica7 transmission lines, communication structures generally, substations, switchyards, powerplants and any other appurtenant irrigation and power structures and facilities, without any payment made by the United States or its successors for such right. b. That if the construction of any or all of such structures and facilities across, over 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 days after demand is made upon the Grantee for payment of any such sums, the Grantee will make payment thereof to the United States or any of its successors or assigns constructing such structures and facilities across, over and upon said lands. As an alternative to payment, the Grantee, at its sole cost and expense and within time limits established by the government, 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 the cost to the Government of any costs occasioned by the failure of the Grantee to remove or adapt its facilities within the time limits specified. c. There is also reserved to the United States, the right of its officers, agents, employees, licensees, and permittees, and the District, at all proper 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, 3 _. • . ~t '~_ d. That the United States, its officers, agents and employees, and their 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 as in any manner limiting other res- ervations in favor of the United States contained in this agreement. 12. The Grantee hereby agrees to indemnify and hold harmless the United States, its 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 Grantee's activities under this agreement. 13. Upon termination of this agreement for any reason, the Grantee shall at the option of the Contracting Officer remove all structures and facilities placed upon the premises by the Grantee and shall restore the premises occupied by such structures and facilities to a condition satisfactory to the Contracting Officer. If the Grantee fails to remove its structures and facilities within sixty (60) days after the termination of the agreement, provided such request has been made by the Contracting Officer, such structures and facilities, at the option of the Contracting 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 Officer. 1 5. 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 dis- continuance 6y the Grantee of the use of the area covered by this agree- ment fora period of six (.6) consecutive months. c. At the request of the Grantee 6y giving written notice to the Contracting Officer. 16. The Grantee hereby agrees as follows: a. To comply with Title U~ (Section 601) of the Civil Rights Act of July 2, 1864 (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 in, be denied the benefits ofa or 6e subject to discrimination under any program or activity receiving Federal financial assistance," and to be bound by 4 .~ ~ . -„ a- • the regulations of the Department of the Interior for the effectuation thereof, as set forth in 43 CFR 17. b. To obligate its subcontractors, subgrantees, transferees, successors in interest, or any other participants receiving Federal financial assistance hereunder, to comply with the requirements of this provision.. 17. 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 if made with a corporation or company for its general benefit. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. THE UNITED STATES OF AMERICA (SEAL ~. ~ ~ . By ~1, ~,S Regional Director, PN Region p-cting Box 043 - 550 West Fort St. Boise, Idaho 83724 CITY OF MERIDIAN Ada Co State of Id o By ~ v ~,~ Ma 5 . .; '~~ ' • • .._ `~;" The above agreement has been considered and is hereby ' approved by the NAMPA & MERIDIAN IRRIGATION DISTRICT this ~ day of ~ FEBRUARY , 19 7$ . NAMPA & MERIDIAN IRRIGATIO DISTRICT By Title resident of the Board *** STATE OF IDAHO ) ) ss County of Ada / ~ ) On thi s ~/ r day of /~/r ~ ap eared before me po» /~• s~°'^ t9 f~srv~d S• C• ~ City C1 erk, to me of the City of Meridian, Ada County, Idaho, why and foregoing instrument and acknowledged that as the free and voluntary act and deed of said the uses and purposes therein mentioned. 19 7~, personally Mayor, and known to be the officials ~ executed the within they signed the same City of Meridian, for Given under my hand and official seal the day and year in this certificate first above written. 0 otary Public in and f the State of Idaho Residing at /~fsri'di'on, ~a~• (:SEAL ~ My commission expires: 6 ` r • ,• ` y • • -'Y~ ~~ n ' _ STATE OF IDAHO ) ~ ) ss County of Ada ) On this /$~' day of A~rj~ 1978 , personally appeared before me }~• ~• S ti ve rs 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 affixed my official seal the day and year first above written. (SEAL) Notary P lic in and for the State o daho Residing at:.13oise . My commission expires: ~..~~e 7 ` v ,~ w .:' ' • r; f MERIDIAI~1 STREET • A I!O ~~ WATER MAtI~ 20' OFF GEIVT'Ela LII~tE OF MERIDIAN STREE,') SPOt~IS12t3LE FORT MPORAKILY~ ~iVERTtNG OK HANDLII~(G THE bP1ATER IAt ~'1VE MILE CREEK AND FZESTOt~ZING THE GROUND SU R FACC IN TFIE GROSS! NG AREA. E ~/. n c. VO° WATER. MAIN vROUND J ~[ fW > V A R P R P OBE R TREAjC, { AFTER t3ACK1=ILLING. EXIST~NCa CHANNEL. S'-O'~ MIN. ~ Z'Of~ 2'-O" OF TP.EIJCH --~ FILL SHALL BE IW~PERV~OUS Tl~E1.1CH BOTTOM -,AATERIAL COMPACTED TO .~ E3E GF:ADED SO q0%, STANDARD PROCTOR F'I PE CAI.1 BE PLACED TEST .OUT EXCEEpING THE Uf=ACTURES RELOMENOED F~'~R JO~,uT LEFLEGTION. EXIT ~ ~-T 'A" SCAI..E I"=20~ MERI®oAl~l ST. ABC ~ECTIO~I A-q TUDOR, ENG. CO. 180 I`1. ~?,B° ST.