HomeMy WebLinkAboutCrossing Agreement with United States for Sewer Crossing of Five MIle DrainIN REPLY
REFER TO:
424
Mr. Gary Smith, City Engineer
City of Meridian
33 E. Idaho St
Meridian ID 83642
December 11, 1992
Subject: City of Meridian Contract. #1-07-11-L0769 for sewer
crossing of Five Mile Drain to serve Meridian Auto Sales
(Crossing Agreement)
Dear Gary:
Enclosed, for your records, is a duplicate original of the above contract.
Contact John Caywood (ph. 208-334-1463) for further information or assistance.
Sincerely,
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Jerrold D. regg
Project Superintendent
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United States Department of the Interior nNiE° icA
BUREAU OF RECLAMATION m~ ~
Central Snake Projects Office ~ ~
214 Broadway Avenue
Boise, Idaho 83702-7298
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
Boise Project, Idaho
CROSSING AGREEMENT
THIS AGREEMENT, made this )~ day of December, 1992, pursuant to
the Act of Congress June 17, 1902 (32 St-a 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 Grantee.
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 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 Board, under a repayment contract with the United States; and,
4. WHEREAS, the Grantee desires to construct a sewerline extension
located under 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
NE1/4NW1/4, Sec. 7, T3N, RlE, in the manner and at the location shown on the
attached Exhibit "A," said exhibit by this reference made a part hereof.
6. This agreement is granted subject to all rights previously acquired
by third parties.
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
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 any- ~
thing contained in this paragraph be construed in any manner limiting other res-
ervations 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, or upon six (6) months' nonuse of this improve-
ment by the Grantee.
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
if made with a corporation or company for its general benefit.
12. The Grantee agrees as follows:
a. Said 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, work-
manlike manner and to insure compliance with all laws, regulations and orders of
the United States and any other public authority affecting such works. The fail-
ure 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. All backfill placed in canals or the embankments of canals shall be
placed and compacted to the satisfaction of the Contracting Officer. The canal v
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 such
structures and facilities 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 Grantee for payment of any
such sums, the Grantee will make payment thereof to the United States or any of
2
its successors or assigns.
sole cost and expense and
States, may remove or adapt
right-of-way to accommodate
United States. The Grantee
occasioned by the failure of
the time limits specified.
As an alternative to payment, the Grantee, at its
within the time limits established by the United
facilities constructed and operated by it on said
the aforementioned structures and facilities of the
shall bear any costs incurred by the United States
the Grantee to remove or adapt its facilities within
e. To indemnify and hold harmless the United States, its officers,
agents a~ ea~loyees 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.
f. The provisions of this agreement shall apply to and bind the succes-
sors and assigns of the parties hereto, but no assignment or transfer of this
agreeauant 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 Grantee or
upon the Grantee's own improvements on the prises covered by this agreement,
or to tho pledge or assignment of this agreement as security for the financing
of the Grantee or to voluntary or involuntary transfers in pursuance of such
i nstrus~ts.
g. The United States has only an easement right at the point of Gros- ,~
sing of the canal; therefore, the Grantee shall obtain further clearance from the
parties o~i~ the underlying fee.
h. All work performed under this contract shall be at times when the ,~-
pro3ect facility 1s dewatered.
IM YITMESS M~IEREOF, the parties hereto have executed this agreement the
day and year first above written.
THE UNITED STATES OF ,AMERICA
By
Nr ct superinte
C ral Snake Pr acts Office
Bureau of Reclamation
214 Broadway Avenue
Boise ID 83702
Nampa-Meridian Irrigation District
By
Titl
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GRANTEE:
CITY OF MERIDIAN
B
Title ~
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STATE OF IDAHO )
ss
County of Ada )
On this _
me
cia o t e UN T
instrument and acknc
deed of said United
oath stated that he
day of
S F AM
iwledged said in
States for the
was authorized
199_, personally appeared before
to me known to be the offi-
CA t at executed the within and foregoing
strument to be the free and voluntary act and
uses and purposes therein mentioned, and on
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 Pu is in an or t e
State of Idaho
(SEAL) Residing at Boise
My commission expires:
4
STATE OF IDAHO
.rte ~ ss
County of L.~~i 4 )
n this ~ day of ~~~G'~~, 199, Personally appeared before
me to me known to be the offi-
cia o t e ampa eri ian rrigation istrict, who executed the within and
foregoing instrument and acknowledged said instrument to be the free and volun-
tary act and deed of said Board 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 u is in a or t e
State of Idah
(SEAL) Residing at ~~~~%~~ ~~
My commission expires: ///OS~~I~
_ *******
STATE OF IDAHO
~ ss
County of ~~'a' )
On this C~~ d of Cevrvbt~i^, 199 ,personally appeared before
me ~'7Vp~.n, S to me known (proved to me on
the asis o satis act ry eve ence) to e t e in ividual(~ described in and who
executed the within and foregoing instrument and acknowledged that he/t"bey signed
the same as their free and voluntary act and deed, for the uses and purposes
therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
,oA,,~~ ••~~/~',,,
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Notary u i c i n an or t o ~'pT,q~y
State of Idaho r
.o
(SEAL) Residing at ~}rvle = ~ U ~G = ~
My commission expires: ~~-Z?"l~ = ~ ~ ~ ,~
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