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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