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HomeMy WebLinkAbout1070 Resolutione Rj�.SOLUTI,ON NO, 1070 A RESOLUTION OF THE CITY OF PASCO AUTHORIZING THE CITY TO ENTER INTO A CONTRACT WITH THE CORPS OF ENGINEERS WHEREAS, the City Council of the City of Pasco deems it in the City's.best interest to enter, into an agreement with the Corps of Engineers, now, therefore, the City Council of the City of Pasco hereby resolves as follows: Section 1. The City Manager is hereby authorized and directed to execute on behalf of the City an agreement with the Corps of Engineers,'a copy of said agreement is attached hereto and by this reference incorporated herein. Section 2. This resolution shall become in full force and effect after it's passage and as required by law.. PASSED and APPROVED by the City Council this 15 day of February -, 1977. Ja Tidrick, Mayor ATTESTED: Leo E. Olney, Ex Officio Ci Clerk APPROVED: 2�- Patrick T. Roach, City Attorney NPWRE-MD DEPARTMENT OF THE ARMY WALLA WALLA DISTRICT, CORPS OF ENGINEERS BLDG. 602, CITY -COUNTY AIRPORT WALLA WALLA, WASHINGTON 99362 Mr. Richard Erickson, Park Director City of Pasco P. 0. Box 293 Pasco, WA 99301 Dear Mr. Erickson: 7 January 1977 Inclosed, in triplicate, is Department of the Army Lease No. DACW68-1-77-10 which grants the City of Pasco the use of approximately 9.72 acres of land and water at the Pasco Boat Basin for park and recreational purposes. Please cause all three copies to be executed on behalf of the City of Pasco and return the original and one copy to this office. The remaining copy is for your files. We appreciate your cooperation and interest in developing the Pasco Boat Basin for park and recreational purposes. 2 Incl 1. Lease 77-10 (trip) 2. Ret Env Sincerely yours, r� i 11 _OLD UERSTATTE Chief, Real Estate Division i i4 DEPARTMENT OF THE ARMY LEASE DACW68-1-77; 10 FOR PUBLIC PARK AND RECREATIONAL; PURPOSES. 1' Mc NARY LOCK.AND DAM PROJECT (LAKE WALLULA) PROJECT,,AREA THE,SECRETARY OF THE ARMY under authority of Section 4 of the Act of Con- gress approved 22 December 1944, as amended (16 U.S.C. 460d), hereby grants to the City of Pasco, a municipal corporation,organized and,existing under the laws of the State of Washington a lease for a period of twenty-five . (25) years commencing on date of execution,. to use and occupy approximately 9.72 acres of land and water areas under the primary jurisdiction of, the Department of the Army in the McNary Lock & DamProject Area,. hereinafter referred to as the premises as shown on attached Exhibit ''A" , numbered.,., Mc -G-27 . ,, dated .20 May 1976 , for public -park and recreational purposes. , THIS LEASE is granted subject to the following conditions; 1. The lessee shall conform to such regulations as the -Secretary of the Army may issue to govern the public use of the project area, and shall comply with the provisions of the above cited Act of Congress. The lessee shall protect. the premises from fire, vandal- ism, and soil erosion, and may make and enforce such regulations as are necessary, and within its legal authority, in exercising the privileges granted in this lease, provided that such reg- ulations are not inconsistent with those issued by the Secretary of the Army,or; with pro- visions of the above cited Act of Congress.' 2. The lessee shall administer and maintain the premises in accordance with the U.S. Army Engineers' Master Plan and the implementing General Development Plan for the premises and with an Annual Management Program to be mutually agreed upon between the lessee and the U.S. Army District Engineer in charge, of the administration of the proj- ect, which may be amended from time to time as may be necessary. I Such Annual Man- agement Program shall include, but' is not limited to, the following: a. Plans ,for management activities to be undertaken by the lessee or jointly, by ,the U.S. Army Engineers and the lessee, including improvements and other facilities to be, con- structed thereon. ; b. Budget of the lessee -for carrying out'the management activities. c., Personnel to be' used in the management of the area.... a;• 3. The lessee shall provide the facilities and services necessary to meet the public de- mand either directly or through concession agreements with .third parties. All such agree- ments shall state that they are granted subject to the provisions of this lease and that .the concession agreement will not be effective until approved by the District Engineer.' '' c. 4..Admission, entrance or user fees may be charged by the lessee for the entrance to or' use of . the premises or any facilities constructed thereon, PROVIDED, prior written approval of the District Engineer is obtained. ENO FORM u' 1 ; , MAR 67 1 736 PREVIOUS EDITIONS ARE OBSOLETE. i 5. The amount of any fees and all rates and prices charged by the lessee or its con ce`'ssionaires'for accommodations, food (except packaged goods), and services furnished or sold to the public shall be subject to the prior approval of the Dzstrict Engineer. The les- see shall, by 15 April and 15 October of each year, submit to the District Engineer for ap- proval a list of the fees, rates and prices proposed for the following 6 months, including justification for any proposed increase or decrease. The District Engineer will give written notice to the lessee of his approval of or objection to any proposed fee; rate or price and will, if appropriate, state an approved fee, rate or price for each item to which an objection has been; made. The lesseeand/or its concessionaires shall keep a schedule of such fees, rates or prices posted at all times in a conspicuous place on the leased premises. 6: All monies received. by the lessee from' operations conducted on the premises, including, but not limited to, entrance'and admission fees and user fees -and rental or other consideration, received from its concessionaires, may be utilized by the lessee for the ad- ministration, maintenance, operation and development of the premises. Any such monies not so.utilized, or programmed for utilization, within a reasonable time, shall be paid to the District' Engineer at the end of each 5 -year period. The lessee shall establish and main- tain adequate records and accounts and render annual statements of receipts and expendi- tures,to.the District Engineer, except for annual or weekly entrance fees which also are honored, 'at other recreational areas operated by the lessee. The District Engineer shall have the right. to perform: audits of the lessee's records and accounts, and to require the. lessee to` audit' the records and accounts of third party concessionaires, and furnish the District ,Engineer a copy of the results of such, an. audita 7.,. All structures ' shall be constructed and landscaping accomplished . in accordance with plans. approved by the District Engineer. Further, the lessee shall not discharge waste or effluent from the premises in such a manner that such discharge will contaminate streams or other bodies of water or otherwise become a public nuisance. 8. The right is reserved to the United States, its officers, agents, and employees, to enter upon the pr.1 1emises at any. time and for any purpose necessary or convenient in con- nection with; river and harbox and flood control work, and to remove timber or other ma- terial required for, such work; to flood the premises when necessary, and/or to make any other'use, of the land as' may be.necessary.in connection with public navigation and flood control, and the lessee shall have no claim.for damages of any character on account thereof against the,United States or any agent, officer or employee. thereof. 9. Any property of the United States damaged or destroyed by the lessee incident to the exercise of. the privileges herein granted shall be promptly repaired or replaced by the lessee to the satisfaction of the District Engineer. 10. The United States: shall not be responsible for damages to property or injuries to persons which may , arise from or be incident to the . exercise of the privileges herein granted,, or for, damages to the property of the lessee,. or for damages to the property or injuries to the person of the lessee's officers, agents, servants, or employees or others.who may be. on, the, premises at their invitation or the invitation.. of.- any. one of them, arising from or incident to the flooding of the premises by the. Government or flooding from any other cause, or, arising from or incident to -any other governmental activities, and the lessee shall hold the United States harmless from. any and all such claims.. That at, the time of the commencement of this lease, the lessee will obtain from a reputable insurance company, acceptable to the Government, liability or indemnity insur- ance -providing for minimum limits of $ 100, 000.00 per person in any ,orie, claim, and an aggregate limit of $ 300, 000.00 for any number of persons or claims arising from any one incident with respect to .bodily injuries or death resulting therefrom, and $ 10,000.00 for damage to property suffered or alleged to have been suffered by any person or persons resulting from the operations of the lessee under the terms of this lease. A 12. This lease may be relinquished by the lessee at any time by giving to the Secretary of The Army, through the District Engineer, at least'30 days' notice in writing. 13. This lease may be revoked by the Secretary of the Army in the event the lessee violates any of the terms and conditions of this lease and con- tinues and persists therein for a period of.30 days after notice thereof in writing by the District Engineer. 14. on or before the date of expiration of this lease or its relinquish- ment by the lessee, the lessee shall vacate the premises, remove its property therefrom, and restore the premises to a condition satisfactory to the District Engineer. If, however, this lease is revoked, the lessee shall vacate the premises, remove its property therefrom, and restore the premises as afore- said within such time as the Secretary of the Army may designate. In either event, if the lessee shall fail or neglect to remove its property and so restore the premises, then its property shall become the property of the United States without compensation therefor, and no claim for damages against the United States.or its officers.or agents shall be created by or made on account thereof. 15. The lessee.or its concessionairs shall not discriminate against any person or persons because of race, creed, color, sex, or national origin in the conduct of its operations hereunder. The grantee furnishes as part of this contract an assurance (Exhibit "B") that he will comply with Title VI of the Civil Rights Act of 1964 (78 Stat. 241) and Department of Defense Directive 5500.11 issued pursuant thereto and published in Part 300 of Title 32, Code of Federal Regulations. 16. All notices to be given pursuant to this.lease shall be addressed, if to the lessee, to the City of Pasco, Box 293, Pasco, Washington 9930.1, if to the Government, to the District Engineer, Walla Walla District, Corps of Engineers, Building 602, City -County Airport, Walla Walla, Washington 99362 or as may from time to time be directed by the parties. Notice shall be deemed .to have been duly given if and when inclosed in a properly sealed envelope or wrapper, addressed as aforesaid and deposited postage prepaid (or, if mailed by the Government, deposited under its franking privilege) in a post office or branch post office regularly maintained by the United States Government. 17. This lease is subject to all existing easements, and easements sub- sequently granted, for roadways, and utilities located or to be located on the.premises, provided that the proposed grant of any easement will be co - or int te� wt.th 4 lessee and easements will not be granted which will in the opinion r o e is c n sneer i. /in er ere wiEh�evefopments, present or proposed, by the lessee. 18. That, within the limits of their respective legal powers, the parties to the lease shall protect the project against pollution of its �....�, water. The lessee shall comply promptly with any regulations, conditions, 3 i E f or instructions affecting the activity hereby authorized if and when issued by the Environmental Protection Agency and/or a state water pollution control agency having jurisdiction to abate or prevent water pollution. Such regulations, conditions, or instructionsin effect or'prescribed by the Environmental Protection Agency or state agency are hereby made a condition of this lease. 19. That upon acceptance of this lease by -the lessee a joint inventory and condition report of all Government-owned property shall be made by a representative of the Government and a representative of the lessee to reflect the then present condition of said property. A copy of said inventory and condition report shall be attached hereto as Exhibit "C" and new improvements constructed by the Government during the life of the lease shall be added to the inventory and condition report by supplements. Upon the expiration, revocation, or termination of this lease, a similar inventory and condition report shall be prepared and submitted to the said officer . to constitute the basis for settlement by the lessee which said officer for leased property shown to be lost, damaged, or.destroyed, any such property to be either replaced or restored to the condition required by Condition 14. 20. That the United States is reserved the right to enter upon the premises for project construction and park development purposes. 21. It is understood and agreed that in the event this lease is terminated by the Corps of Engineers_or relinquised by the City of Pasco, any existing concession agreements with third parties will be terminated.on the effective date of termination or relinquishment. 22. The granting clause was altered and conditions 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22 were added prior to the execution of this instrument. IN WITNESS WHEREOF, I have hereunto set my hand this day of direction Assistant 1976, b , /amb of the/Secretary of the Army liobbs \ Assistant'for Kcal Property OASA (1&L)_,-- 7w'• Wt Y - i The above instrument,. together with the provisions and conditions thereof, is hereby accepted this day of , 19 CITY OF PASCO By 1 } LAUNCHING RAMP LAKE WALLULA WASHINGTON AVE RESIDENTAL AREA PARKING PASCO BOAT OJT LEFTBANK COLUMBIA RIVER R E ST 9�O� M MARINA AND Qb\ R EXWBIT A \\j PARKING I Y LAUNCHING RAMP LAKE WALLULA WASHINGTON AVE RESIDENTAL AREA PARKING PASCO BOAT BASIN LEFTBANK COLUMBIA RIVER - MILE 327 EXWBIT A ASSURANCE OF COMPLIANCE WITH THE DEPAREME14T OF DEFENSE DIRECTIVE UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 CITY OF PASCO (hereinafter called "Applicant -Recipient") (Name of Applicant -Recipient) HEREBY AGREES THAT it will comply with title VI of the Civil Rights Act of 1964 (P. L. 88-352)- and all requirements imposed by or pursuant to the Directive of the Department of Defense,(32 CFR Part 300, issued as Department of Defense Directive 5500.11, December 28, 1964) issued pur- suant to that title, to the end that,. in accordance with title VI of that Act and the Directive, 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 of, or'be otherwise subjected to discrimination under any program or activity for which the Applicant -Recipient receives, Federal financial assistance from the DEPARTMENT OF THE ARMY and (Component of the Department) HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant -Recipient by this DEPARTMENT OF THE ARMY , assurance shall obligate the (Component of the Department) Applicant -Recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance shall obligate the Applicant -Recipient for the period during which it retains ownership or possession of the property. In all other cases, this assurance shall obligate the Applicant -Recipient for the period during which the Federal financial assistance is extended to it by the DEPARTMENT OF THE ARMY (Component of the Department) THIS ASSURANCE is given in consideration of and for.the purpose of obtain- ing any and all.Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Applicant -Recipient by the Department, including installment payments after such date on account of arrangements for Federal financial assistance which were approved before such date. The Applicant -Recipient recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant -Recipient, its successors, transferees, and assignees, and the person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Applicant -Recipient. Dated/7/74 CITY OF PASCO (i (Applicant -Recipient) r By (President, Chairman of Board,_ or comparable authorized official) P. 0. BOX 293 PASCO, WASHINGTON 99301 (Applicant -Recipient's Mailing Address) A