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
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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
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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)_,--
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The above instrument,. together with the provisions and conditions thereof,
is hereby accepted this day of , 19
CITY OF PASCO
By
1
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LAUNCHING RAMP
LAKE WALLULA
WASHINGTON AVE
RESIDENTAL AREA
PARKING
PASCO
BOAT
OJT
LEFTBANK
COLUMBIA RIVER
R E ST 9�O� M
MARINA AND
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EXWBIT
A
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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