HomeMy WebLinkAbout950126RECEIVED 10/22/2~-_,,,_ 10:56 AM -
RECEIVING # 950126
BOOK: 734 PAGE: 312
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY 000312
After Recording Return To:
U.S. Bureau of Reclamation
1359 Hansen Avenue
Burley, ID 83318
Contract No. 6-07-14-LA460
Amendment No. 2
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
Palisades Project, Idaho/Wyoming
AMENDMENT TO CONTRACT AND GRANT OF TERM EASEMENT
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THIS AMENDMENT, made this 30' day of e Te r , 2009, pursuant to
the Act of Congress approved June 17, 1902 (32 Stat. 388), ection 10 of the Act of August 4,
1939 (53 Stat. 1187), and acts amendatory thereof or supplementary thereto, all of which are
commonly known and referred to as the Federal Reclamation Laws, between THE UNITED
STATES OF AMERICA (Grantor), hereinafter referred to as the United States, represented by
the official executing this agreement, hereinafter referred to as the Authorized Official, and
NORTH STAR UTILITY, a Wyoming corporation, hereinafter referred to as North Star
(Grantee); and
WITNESSETH, THAT:
WHEREAS, the United States and North Star, did execute a Contract and Grant of
Easement, Contract Number 6-07-14-LA460, hereinafter referred to as Contract, dated April 20,
2006, which is recorded in the Lincoln County, Wyoming records, identified as Book 618 Page
298, whereby the United States issued a utility line easement to the Grantee across certain lands
located in the Alpine area of the Palisades Project, hereinafter referred to as utility easement; and
WHEREAS, the United States and North Star executed an amendment to the Contract,
dated May 27, 2009, which is recorded in the Lincoln County, Wyoming records, identified as
Book 730 Page 246, whereby the United States and North Star modified the original easement
alignment of the easement; and
WHEREAS, North Star, through its contractor Americom Techology, Incorporated,
constructed a sewer force main, hereinafter referred to as Wastewater Line, which did not
conform to construction specifications listed in the Contract.
WHEREAS, North Star has provided additional information on the as built construction
features of its Wastewater Line to the United States, through the Department of the Interior
Bureau of Reclamation, hereinafter referred to as Reclamation.
1
NOW, THEREFORE, the United States and North Star, for good and valuable
consideration, the sufficiency of which is hereby acknowledged by the parties, hereby mutually
agree to amend the Contract as follows:
1. Reclamation has reviewed the information provided and on behalf of the United States
accepts the modifications from the original Contract to those as built, and as shown on the
drawing attached hereto, marked Exhibit A, and by this reference made a part hereof.
2. In the event the Wastewater Line requires maintenance or repair due to a leak, or
otherwise fails at any time, North Star guarantees to repair, replace or restore that portion of the
Wastewater Line as soon as practicable, but no later than 30 days from the date that North Star
first becomes aware of the need for repair. If for any conditions or circumstances North Star
Utility is unable to repair or replace the damaged Wastewater Line within the thirty (30) day
period from the date it first becomes aware of the need for repair, North Star Utility will provide
written notice of such to Reclamation within the same thirty (30) days, along with the reason(s)
that North Star Utility will not be able to complete the work, and North Star will provide a
proposal for when such work will be carried out by North Star. Upon review of any proposal by
North Star, Reclamation, at its option, may provide an extension to the period required to make
repairs.
3. Should North Star Utility fail to honor its obligations within thirty (30) days from the
date that it becomes aware of a needed repair or as per any extension, Reclamation may, at its
option, cause the repair to be made. Reclamation, at its discretion, may charge all costs
associated with the repair of the Wastewater Line to North Star.
4. North Star will cease conveyance of wastewater through the Wastewater Line when
any potential contamination threatens lands or waters of the United States as the result of a leak
or failure of the Wastewater Line. The conveyance of wastewater through the Wastewater Line
will not re-commence until the potential contamination threat has been resolved to the
satisfaction of Reclamation.
5. The acceptance of work or services by Reclamation shall not constitute a waiver of
any provisions of the Contract or any amendment thereto.
6. North Star shall comply with all provisions of its operation and maintenance
obligations that are applicable to the Wastewater Line as set forth in that certain Operations and
Maintenance Plan which shall be submitted to the Wyoming Department of Environmental
Quality (DEQ) pursuant to Permit Number 08-629. Upon completion and approval by the DEQ
of the Operations and Maintenance Plan, a copy of the plan shall be submitted to Reclamation.
The Operations and Maintenance Plan shall include, but not be limited to, the following
obligations of North Star Utility with respect to the Wastewater Line:
a. hydrostatic pressure testing on a biennial basis;
2
b. correlation of total pumped wastewater volume between the north side and
south side of the Snake River on a monthly basis; and
c. monitoring of riverbed conditions of the primary Snake River channel through
professional surveys conducted on an annual basis following spring runoff of upper drainage
basins. Any significant deviation from conditions indicated on Exhibit A shall be reported
immediately to Reclamation, followed by submission of an updated Exhibit A.
7. The Contract and its amendments shall not be assigned by North Star without prior
written consent of the United States. The Contract and its amendments, once assigned, shall be
binding on successors and assigns.
8. This Amendment shall be effective the date it is executed by the United States.
9. Except as modified herein, all of the terms of the Contract and its first amendment
shall remain in full force and effect.
10. No Member of Congress shall be admitted to any share or part of any contract or
agreement made, entered into, or accepted by or on behalf of the United States, or to any benefit
to arise thereupon.
IN WITNESS WHEREOF, the parties hereto have executed this amendment the day
and year first above written.
NORTH STAR UTILITY THE UNITED STATES OF AMERICA
BY By----
Michael T. in, President Program Manager - Land Resources
P.O. Box 610 Pacific Northwest Region
Jackson, Wyoming 83001 Bureau of Reclamation
1150 North Curtis Road, Suite 100
Boise, ID 83706-1234
STATE OF WYOMING )
County of Teton
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On this 254day of WG W W , 2009, personally appeared before me
Michael T. Halpin, known tome to e the official of North Star Utility, Inc. that executed the
within and foregoing instrument and acknowledged said instrument to be the free and voluntary
act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated
that they were authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal as of
the day and year first above written.
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, RlJ -NOTARY Pl1BLlC
LISa ►41.~?ADC9tE~O
E, ~ $t~t® of
`C66ty of
Teton Wyoming
My Oo~imission n expires 5ept~rnb~r 12, Zo! ~
Notary Public in and for the
State of Wyoming
Residing at l4c(Cw, oyllmth9
My commission expires: ~i•!2' Zoi Z
STATE OF IDAHO )
County of Ada
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On this 30 day of G r, 2009, personally appeared before me
2'-k A g a d t , known to me 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 affixed my official seal the
day and year first above written.
• NOTARY '
PUBI•iG
Notary Public in and for the
State of Idaho
Residing at S o+'r c,
My commission expires: o3 - 31- 2.014
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