HomeMy WebLinkAboutUSACE Army Corps of Engineers - Boat Basin Dock ReplacementReal Estate Division
DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS
201 NORTH THIRD AVENUE
WALLA WALLA, WA 99362-1876
May 22, 2018
SUBJECT: License No. DACW68-3-18-26, McNary Lock and Dam
Mr. Rick Terway, Director
Administrative and Community Services
City of Pasco
P.O. Box 293
525 North 3rd Ave
Dear Mr. Terway:
Enclosed for use by the City of Pasco is one fully executed copy of the Department of
the Army License No. DACW68-3-18-25 (enclosure 1) for construction, operation and
maintenance of a riparian vegetation mitigation area on McNary Lock and Dam project. The
license is for a term of 5 years, beginning April, 16, 2018, and ending April 15, 2023.
A customer satisfaction survey (enclosure 2) is enclosed. Filling this out is a way for
you to comment on our level of service. An addressed, postage -paid envelope (enclosure
3) is provided for your use to return the survey.
If you have any questions, please contact Ms. Brittney Haupert, Realty Specialist, at
509-527-7151 or by e-mail at Brittney.J.Haupert@usace.army.mil.
Sincerely,
Rodney C. Huffman
Chief, Real Estate
Real Estate Contracting Officer
Enclosures
PUBLIC WORKS DEPARTMENT (509) 543-5738 / FAX (509) 543-5737
P.O. Box 293 (525 North 3' Avenue) Pasco, Washington 99301 / www.pasco-wa.gov
May 15, 2018
DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS
ATTN: Real Estate Division
201 North Third Avenue
Walla Walla, WA 99362-1876
Dear Mr. Huffman:
In reference to your lettendated April 30, 2018, I'm enclosing two original executed copies of
the proposed 5 -year license associated with the recently authorized Pasco Boat Basin Dock
Replacement. This license is for the construction, operation and maintenance of a riparian
vegetation mitigation area located on McNary Lock and Dam Tracts "G" & "O" in Richland,
WA.
If you have any questions, please don't hesitate to contact me at 509-543-5775 or by e-mail at
terwayr@pasco-wa.gov. Thank you for your time and consideration.
Sincerely,
(Z,.%Lfi r/
Rick Terway, Director
Administrative & Community Services
HM
Enclosures
Real Estate Division
DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS
201 NORTH THIRD AVENUE
WALLA WALLA, WA 99362-1876
April 30, 2018
Mr. Rick Terway, Director
Administrative & Community Services
City of Pasco
P.O. Box 293
Pasco, WA 99301
Dear Mr. Terway:
Enclosed for review, signature and dating by the City of Pasco, WA are two copies of
a proposed 5 -year license for the construction, operation and maintenance of a riparian
vegetation mitigation area located on McNary Lock and Dam Tracts "G" & "O" in
Richland, WA. The license is associated with the recently authorized Pasco Boat Basin
Dock Replacement.
Please complete the sentence beginning "THIS LICENSE is also executed by the
Grantee..." on page 7 of both copies and sign at your signature block. Have each copy
of the CERTIFICATE OF AUTHORITY completed and signed at page 8 and both
copies of the ACKNOWLEDGMENT at page 9 completed.
When all signatures and dates have been obtained, return both copies of the license
to the letter head address above, ATTN: Real Estate Division. We will complete the
DACW68-3-18-## number on the front page and on Exhibit "A". The license will be
executed by the government and one fully executed copy returned for use and record
by the City of Pasco.
If there are any questions about this procedure, please call Realty Specialist Brittney
Haupert at 509-527-7151 or e-mail her at Brittney.J.Haupert@usace.army.mil.
Sincerely,
Rodney C. Huffman
Chief, Real Estate Division
Real Estate Contracting Officer
Enclosure
NO. DACW68-3-18-26
DEPARTMENT OF THE ARMY LICENSE
LOCATED ON
McNary Lock and Dam Project
Benton County, Washington
Tracts "G" & "O"
THE SECRETARY OF THE ARMY, under and by virtue of the authority vested in
the Secretary by Title 10, United States Code, Section 2668, having found that the
granting of this license will not be against the public interest, hereby grants to the CITY
OF PASCO, WASHINGTON, a municipal corporation, P.O. Box 293; Pasco,
Washington 99301, hereinafter referred to as the Grantee, a license for construction,
operation and maintenance of a riparian vegetation mitigation area, over, across, in and
upon lands of the United States, as identified in Exhibit A, attached hereto and made a
part hereof, hereinafter referred to as the premises.
THIS LICENSE is granted subject to the following conditions:
1. TERM
This license is granted for a term of 5 years, beginning April 16, 2018, and ending
April 15, 2023, but revocable at will by the Secretary.
2. CONSIDERATION
The consideration for this license shall be the construction, operation and
maintenance of the premises for the benefit of the general public in accordance with the
terms and conditions hereinafter set forth.
General Purpose License
I July 1997
3. NOTICES
All notices and correspondence to be given pursuant to this license shall be
addressed, if to the Grantee, to the City of Pasco, Washington; P.O. Box 293; Pasco,
Washington 99301; and if to the United States, to the District Engineer, Attention:
Chief, Real Estate, Real Estate Division, 201 North 3rd Avenue, Walla Walla, WA
99362-1876; or as may from time to time otherwise be directed by the parties. Notice
shall be deemed to have been duly given if and when enclosed in a properly sealed
envelope addressed as aforesaid, and deposited, postage prepaid, in a post office
regularly maintained by the United States Postal Service.
4. AUTHORIZED REPRESENTATIVES
Except as otherwise specifically provided, any reference herein to "Secretary",
"District Engineer", "Installation Commander", or "said officer" shall include their duly
authorized representatives. Any reference to "Grantee" shall include any duly authorized
representatives.
5. SUPERVISION BY THE DISTRICT ENGINEER
The use and occupation of the premises shall be subject to the general supervision
and approval of the District Engineer, Walla Walla District hereinafter referred to as said
officer, and to such rules and regulations as may be prescribed from time to time by said
officer.
6. APPLICABLE LAWS AND REGULATIONS
The Grantee shall comply with all applicable Federal, state, county and municipal
laws, ordinances and regulations wherein the premises are located.
7. CONDITIONAL USE BY GRANTEE
The exercise of the privileges herein granted shall be:
a. without cost or expense to the United States;
b. subject to the right of the United States to improve, use or maintain the
premises;
C. subject to other outgrants of the United States on the premises;
d. personal to the Grantee, and this license, or any interest herein, may not be
transferred or assigned.
General Purpose License 2
1 July 1997
8. CONDITION OF PREMISES
The Grantee acknowledges that it has inspected the premises, knows its condition,
and understands that the same is granted without any representations or warranties
whatsoever and without any obligation on the part of the United States.
9. COST OF UTILITIES
The Grantee shall pay the cost, as determined by the officer having immediate
supervision over the premises, of producing and/or supplying any utilities and other
services furnished by the Government or through Government-owned facilities for the use
of the Grantee, including the Grantee's proportionate share of the cost of operation and
maintenance of the Government-owned facilities by which such utilities or services are
produced or supplied. The Government shall be under no obligation to furnish utilities or
services. Payments shall be made in the manner prescribed by the officer having such
jurisdiction.
10. PROTECTION OF PROPERTY
The Grantee shall keep the premises in good order and in a clean, safe condition
by and at the expense of the Grantee. The Grantee shall be responsible for any damage
that may be caused to property of the United States by the activities of the Grantee under
this license, and shall exercise due diligence in the protection of all property located on
the premises against fire or damage from any and all other causes. Any property of the
United States damaged or destroyed by the Grantee incident to the exercise of the
privileges herein granted shall be promptly repaired or replaced by the Grantee to a
condition satisfactory to said officer, or at the election of said officer, reimbursement made
therefore by the Grantee in an amount necessary to restore the property to a condition
satisfactory to said officer.
11. RESTORATION
On or before the expiration of this license or its termination by the Grantee, the
Grantee shall vacate the premises, remove the property of the Grantee, and restore the
premises to a condition satisfactory to said officer. If, however, this license is revoked,
the Grantee shall vacate the premises, remove said property and restore the premises to
the aforesaid condition within such time as the District Engineer may designate. In either
event, if the Grantee shall fail or neglect to remove said property and restore the premises,
then, at the option of said officer, the property shall either become the property of the
United States without compensation therefor, or said officer may cause the property to be
removed and no claim for damages against the United States or its officers or agents
shall be created by or made on account of such removal and restoration work. The
Grantee shall also pay the United States on demand any sum which may be expended
by the United States after the expiration, revocation, or termination of this license in
restoring the premises.
General Purpose License 3
1 July 1997
12. NON-DISCRIMINATION
The Grantee shall not discriminate against any person or persons because of race,
color, age, sex, handicap, national origin, religion, sexual orientation, or gender identity
in the conduct of operations on the premises.
13. TERMINATION
This license may be terminated by the Grantee at any time by giving the District
Engineer at least ten (10) days notice in writing provided that no refund by the United
States of any consideration previously paid shall be made and provided further, that in
the event said notice is not given at least ten (10) days prior to the rental due date, the
Grantee shall be required to pay the consideration for the period shown in the Condition
on CONSIDERATION.
14. ENVIRONMENTAL PROTECTION
a. Within the limits of their respective legal powers, the parties to this license shall
protect the premises against pollution of its air, ground and water. The Grantee shall
comply with any laws, regulations, conditions, or instructions affecting the activity hereby
authorized if and when issued by the Environmental Protection Agency, or any Federal,
state, interstate or local governmental agency having jurisdiction to abate or prevent
pollution. The disposal of any toxic or hazardous materials within the premises is
specifically prohibited. Such regulations, conditions, or instructions in effect or prescribed
by said Environmental Protection Agency, or any Federal, state, interstate or local
governmental agency are hereby made a condition of this license. The Grantee shall not
discharge waste or effluent from the premises in such a manner that the discharge will
contaminate streams or other bodies of water or otherwise become a public nuisance.
b. The Grantee will use all reasonable means available to protect the environment
and natural resources, and where damage nonetheless occurs from the Grantee's
activities, the Grantee shall be liable to restore the damaged resources.
C. The Grantee must obtain approval in writing from said officer before any
pesticides or herbicides are applied to the premises.
15. HISTORIC PRESERVATION
The Grantee shall not remove or disturb, or cause or permit to be removed or
disturbed, any historical, archaeological, architectural or other cultural artifacts, relics,
remains or objects of antiquity. In the event such items are discovered on the premises,
the Grantee shall immediately notify said officer and protect the site and the material from
further disturbance until said officer gives clearance to proceed.
General Purpose License 4
1 July 1997
16. SITE-SPECIFIC CONDITION ON NATIONAL HISTORIC PRESERVATION ACT
Except as authorized herein, the Grantee shall not engage in any construction,
alteration, demolition, or ground disturbing activities on the premises, unless such
activities have been reviewed and approved by the District Engineer in accordance with
the requirements of the National Historic Preservation Act of 1966 (54 USC § 3001 et
seq.). The Grantee shall be responsible for all costs, and any actions directed or required
by the District Engineer, which are associated with the National Historic Preservation Act
review process, or other applicable law.
17. SITE-SPECIFIC CONDITION ON PESTICIDES AND NOXIOUS WEED
CONTROL
Noxious species management on the premises shall be performed in
accordance with the US Army Corps of Engineers, Walla Walla District, Pest
Management Program Implementation Instructions dated January 31, 2014 as well as
any subsequent revisions and additional consultations to the instructions and related
documents pertaining to pest treatment activities. Guidance regarding methodology,
authorized control measures, forms and reporting is available on request from the
address for the United States found in condition NOTICES, or by visiting
http://www.nww.usace.army.mil/Missions/Promects/PestManagemen .
18. SITE-SPECIFIC CONDITION ON SPECIAL CONDITIONS FROM SEATTLE
DISTRICT REGULATORY BRANCH LETTER OF PERMISSION
a. The Grantee shall fully abide by all conditions required by the Letters of
Permission dated February 15, 2018 and March 1, 2018, Reference NWS -2017-649,
Pasco, City of (Pasco boat basin dock replacement) sent to the City of Pasco by the U.S.
Army Corps of Engineers, Seattle District, Regulatory Branch.
b. Documentation required of the Grantee in the letters referenced above shall be
sent to: U.S. Army Corps of Engineers, Seattle District, Regulatory Branch, P.O. Box
3755, Seattle, WA 98124-3755 and shall include Reference: NWS -2017-649 to tie the
document to the original Seattle Regulatory Branch Letters of Permission.
c. This license may be renewed for additional 5 -year terms if necessary to meet the
conditions contained in the Letters of Permission dated February 15, 2018, and March 1,
2018, Reference NWS -2017-649, Pasco, City of (Pasco boat basin dock replacement).
The Grantee shall contact the United States at the address specified in Condition 3.,
NOTICES, at least 6 -months prior to expiration date of this license.
19. EXECUTIVE ORDER 13658
It has been determined this contract is not subject to Executive Order 13658 or the
regulations issued by the Secretary of Labor in 29 CFR part 10 pursuant to the Executive
Order, and the following provisions.
General Purpose License 5
1 July 1997
20. EXECUTIVE ORDER 13658 HOLD HARMLESS AND INDEMNIFICATION
If a duly authorized representative of the United States discovers or determines,
whether before or subsequent to executing this contract, that an erroneous determination
regarding the applicability of Executive Order 13658 was made, contractor, to the extent
permitted by law, agrees to indemnify and hold harmless the United States, its officers,
agents, and employees, for and from any and all liabilities, losses, claims, expenses,
suits, fines, penalties, judgments, demands or actions, costs, fees, and damages directly
or indirectly arising out of, caused by, related to, resulting from or in any way predicated
upon, in whole or in part, the erroneous Executive Order 13658 determination. This
includes contractor releasing any claim or entitlement it would otherwise have to an
equitable adjustment to the contract and indemnifying and holding harmless the United
States from the claims of subcontractors and contractor employees.
21. EXECUTIVE ORDER 13706
It has been determined this contract is not subject to Executive Order 13706 or the
regulations issued by the Secretary of Labor in 29 CFR part 13 pursuant to the Executive
Order.
22. DISCLAIMER
This license is effective only insofar as the rights of the United States in the premises
are concerned; and the Grantee shall obtain any permit or license which may be required
by Federal, state, or local statute in connection with the use of the premises. It is
understood that the granting of this license does not preclude the necessity of obtaining
a Department of the Army permit for activities which involve the discharge of dredge or
fill material or the placement of fixed structures in the waters of the United States,
pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899
(33 U.S.C. § 403), and Section 404 of the Clean Waters Act (33 U.S.C. § 1344).
THIS LICENSE is not subject to Title 10, United States Code, Section 2662, as
amended.
General Purpose License 6
1 July 1997
IN WITNESS W�EREOF I have hereunto set my hand by authority of the Secretary
of the Army this Z 4A] day of a , ZO .
`� C. /I
Rodney C. FWjffman
Chief, Real Estate
Real Estate Contracting Officer
Or
An?Ete
. Carter
Ted, Management and Disposal
ReContracting Officer
THIS LICENSE is also executed by the Grantee this
M 1 C.
General Purpose License
1 July 1997
!i
day of
Rick Terway, Direc r
Administrative & Community Services
City of Pasco
CERTIFICATE OF AUTHORITY
I,�i�//O/GfYl/'�1S06t�11 , certify that I am the rnA A ��P� of
(Name of the Clerk or Appropriate Official) (Position Title)
of P/45,/W , that 1 /C/< —rel -610 -u
(Name of the Entity) (Name of the Person Executing this Outg nt)
who signed the foregoing instrument on behalf of the Grantee was then Aes bl r,of
(Position Title of the Person Executing this Outgrant)
t f z( 19b( 5S I further certify that the said officer was acting within
(Iy�e of the Entity)
the scope of powers delegated to this officer by the governing body of the
Grantee in executing said instrument.
�^ t
Date:
(Name of the Clerk or Appropriate Oficial)
(Affix Seal)
General Purpose License 8
1 July 1997
ACKNOWLEDGMENT
STATE OF t
COUNTY OF & dL-j n )
SS
On this day of 201 , before me
known to me to be the person described in and who executed the
within and foregoing instrument, and acknowledged that he/she/they signed the same as
his/her/their free and voluntary act and deed, for the uses and purposes therein
mentioned.
Given under my hand and seal of the office this I) $1— day of , 2018 .
;'ALS �►�u*�?���� /
Notary Public in and for the Stateco4vashington,
s ?
residing at
Il1oi WASN`���`' My commission expires on
General Purpose License 9
1 July 1997
ACKNOWLEDGMENT
STATE OF WASHINGTON )
ss
COUNTY OF WALLA WALLA
On this 41'�r day of AIV X�20/9 , before me the undersigned
Notary Public, personally appeared nrat�'Eul Hcc�+F2��7
U.S. Army Corps of Engineers, Walla Walla, Washington, known to me to be the person
described in the foregoing instrument, who acknowledged that he executed the same in
the capacity therein stated by authority of the Secretary of the Army and for the purposes
therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal this ;�//'w
day of l 20'�/.
%0 KENO �'� Notary Public in and for the State of Washington,
residing at 201 N. 3rd Ave, Walla Walla, WA
PUBOC ::Z
•�9r,�� My commission expires on
OF W
00111111110
General Purpose License 10
1 July 1997
THIS INSTRUMENT PREPARED BY:
PAUL SHAMMPxINE, Realt Specialist
Real Estate Division
Walla Walla District
U.S. Army Corps of Engineers
201 North 3rd Avenue
Walla Walla, WA 99362-1876
(509) 527-7324
REVIEWED FOR LEGAL SUFFICIENCY BY:
Evan Carden, Assistant District Counsel
Office of Counsel
Walla Walla District
U.S. Army Corps of Engineers
201 North 31 Avenue
Walla Walla, WA 99362-1876
(509) 527-7717
General Purpose License 11
1 July 1997