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HomeMy WebLinkAbout01- Installation and Maintenance of Gaging Station on Public Property .., /. - . ./"/. i Form 9-1482 Agrccmcnt Number: (Aug. 1994) AGREEMENT FOR INSTALLATION AND MAINTENANCE OF GAGING STATION ON t:1P . .. .c...., PUBLIC PROPERTY 2.o-t!.a day of October 2.0 THIS AGREEMENT is entered into this >< .01 , by and between City of Bozeman, MT , hereinafter called "Licensor," and the United States of America, by and through the U.S. Geological Survey, U.S. Department of the Interior, hereinafter called "Licensee," pursuant to the Act of December 24, 1942, as amended (43 U.S.C. sec. 36b). WITNESSETH: 1. Licensor, for and in consideration of the faithful performance by Licensee of all covenants and conditions herein contained and payment of the amount hereinafter provided, hereby consents and agrees to the installation, maintenance and use of (describe physical characteristics of gaging station) 5 ft x 5 ft wooden gage house with buried orifice line to river. hereinafter collectively referred to as "Structure," by the Licensee upon and over the property of the Licensor as described in Paragraph 2 hereof, and the Licensor grants the right of ingress to and egress from the said Structure and property described herein. 2. The said Structure shall be located on the property of Licensor as shown on attached drawing and further described as follows: (site location) NE 1/4 SW 1/4 NE 1/4 sec. 26, T.1 S., R.5 E., on left . bank 600 ft downstream from Wastewater Treatment Plant. 3. The said Structure and appurtenances thereof shall be maintained in a good, safe and workmanlike manner. 4. The said Structure and appurtenances and all equipment and tools for the maintenance and use thereof placed in or upon said described property shall remain the property of the Licensee and may be removed by the Licensee at its own cost and expense at any time during the life of this agreement or any renewal thereof, or within 90 days after the expiration of this agreement or any renewal thereof, or within a reasonable time from date of receiving written notice from the Licensor to change the location of said Structure and appurtenances or any part thereof upon the said described property. Upon removal or relocation of said Structure and appUlienances the Licensee shall restore the described property to, as nearly as possible, the same stat~ and condition existing prior to the installation of said Structure and its appurtenances. 5. Licensee agrees to cooperate to the extent allowed by law, in the submittal of all claims for alleged loss, injuries, or damages to persons or property arising from the acts of Licensee's employees, acting within the scopc of their employment, in the installation, use, maintenance, removal or relocation of said Structure, apPUJienances, equipment and tools pursuant to the Federal TOIi Claims Act. (28 U.S.c. scc 267 I et seq.) 6. As consideration for the rights and privileges granted herein, the Licensee shall pay to the Licensor the Sllm of $ 0 upon presentation of bill therefor, subject to the availability of appropriations by the Congress. .., , . I (2) 7. This agreement shall be come etTective on the day llnd year first above written, and shall continue in full force and effect until tenninated by either Licensor or Licensec at any time on 30 days writtcn notice. 8. No Member of, or Delegate to, Congress or Resident Commissioner after his election or appointment, either before or aner he has qualified and during his continuance in office, and no officcr, or agent or employee of the Govemmcnt, shall be admitted to any share of this agreement, or to any benefit arising therefrom, but this provision shall not be constructed to extend to this agreement if made within a corpoi-ation for its general benefit. 9. The Licensor wan'ants that he has not employed any person to solicit or secure this contract upon any agreement for a commission, percentage, brokerage, or contingent fee. Breach of this waITanty shall give the Licensee the right to terminate the license, or, in its discretion, to deduct from the license amount or consideration, the amount of such commission, percentage, brokerage, or contingent fees. This warranty shall not apply to commissions payable by Licensor upon licenses secured or made through bona fide established commercial or selling agencies maintained by the Licensor for the purpose of securing business. 10. This agreement shall inure to the benefit of, and be binding upon, the successors, assigns, and transferees of the parties hereto, including successors of the Licensee in control of the project or the portion thereof affected by this agreement. IN WITNESS WHEREOF, the parties have caused this agreement to be executed the day and year first above written. LICENSOR: LICENSEE: NAME City of Bozeman (Wastewater Plant) UNITED STATES OF AMERlCA DEPARTMENT OF THE INTERlOR ADDRESS 255 Moss Bridge Road U. S. GEOLOGICAL SURVEY: Bozeman, MT 59718 ,--~ ~ - ._~~-~ By x ~ ~~ ...:-_..~'~."::"-: Clark Johnson, City Manager Title . ATTEST: x(JJ:/~ APPROVED: ~~ By Robin Sullivan, Clerk of the Commission District Chief Water Resources Division