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HomeMy WebLinkAboutColumbia Marina Ctr Boat Basin Sublease 03.07.13BOAT BASIN SUBLEASE AGREEMENT THIS AGREEMENT is effective on the _J_ day of March, 2013 , by and between the City of Pasco, a Municipal Corporation of the State of Washington, hereinafter referred to as the "City", and JT&T, LLC, a Washington Limited Liability Company, doing business as Columbia Marine Center, hereinafter referred to as "Columbia." WHEREAS, the City has leased from the United States Department of the Army Corps of Engineers Lease to Non-State Governmental Agencies for Public Park and Recreational Purposes (Lease No. W912EF-1-04-13) for that property generally referred to as the Pasco Boat Basin and more legally described on Exhibit A; and WHEREAS, the City has for a number of years maintained the boat basin as a recreational marina facility, for the benefit of the citizens of Pasco; and WHEREAS, the City has adopted a Boat Basin and Marine Terminal Plan for the improvement and enhancement of the boat basin and surrounding properties including improvements consistent with the Tri-Cities Rivershore Master Plan and the Port of Pasco Improvements of Osprey Pointe; and WHEREAS, the City has sought a request for proposal for the operation and improvement of the boat basin to which Columbia has responded with a proposal that is acceptable to the City to be implemented by this Sublease. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, the parties agree as follows: ARTICLE 1 -LEASE OF PREMISES 1.1 Lease of Premises. The City hereby leases to Columbia and Columbia leases from the City, for the purpose of developing, operating, and providing a marina at the Pasco Boat Basin on the real property more particularly described in Exhibit A which is attached hereto and included by this reference. The premises include: A. Boat basin marina consisting of approximately two acres , a building, docks, slips and other improvements (hereinafter "Improvements") as more particularly on the Premises Inventory attached as Exhibit B. The real property and the improvements are collectively referred to as "Premises." ARTICLE 2 -INCORPORATION OF UNDERLYING LEASE 2.1 Columbia acknowledges that the City is subject to an underlying lease on the Premises from the Department of Army designated as Department of the Army Lease to the City of Pasco, Washington, for Public Park and Recreational Purposes, Levee 12-1, the Pasco Boat Boat Basin Sublease Agreement -1 Basin, designated as Lease No. W9-12EF-l-04-13, and amendments thereto ("underlying Lease"), and finther acknowledges that this Sublease is expressly made subject to all the terms, conditions, and limitations contained in the underlying Lease. Columbia shall perform and comply with all obligations and performance required of the City, as Lessee thereunder, including the Annual Management Plan (AMP) as provided in Section 5 thereof, requiring submission by January 1 of each year during the term of this Lease, an AMP acceptable to the City and the underlying Lessor's District Engineer. The underlying Lease is attached as Exhibit C, and incorporated by this reference. Any breach of the terms of the underlying Lease by Columbia shall also constitute a material breach of this Sublease. In the event the terms of this Sublease conflict with the terms of the underlying Lease, the terms of the underlying Lease shall control. Columbia acknowledges that this Sublease is contingent upon approval by the underlying Lessor. ARTICLE 3 -TERM 3.1 Initial Term. This Sublease shall commence on the 15th day of December, 2012, and shall end at midnight on December 31, 2022, unless extended as hereinafter provided or unless earlier terminated . 3.2. Option to Extend Terms. Columbia is gi ven the option to extend the term of this Sublease for two (2) consecutive periods of ten ( I 0) years upon the expiration of the in itial term by giving notice of the exercise o f the opti on to the City at l east twelve (12) months prior to expiration of th e in itial tern1 or any extended tenn. In no event, however, shall Columbia be entitled to renew a term hereof, even though such noti ce was timely given, unl ess Col umbi a shall have timely per formed all of its obligations hereunder, and sha11 not be in default in the performance of any payments, duties, or responsibilities required under thi s Sublease or the underlying Lease on the date the expiration of the initial term, or extended term, of this Sublease. 3 .3 Option of City to Terminate Sublease. Notwithstanding any other provision of this Sublease regarding te1mination, i f the City acquires ownership of the Prem i ses , th e City sh all have th e r ight to terminate th is Sublease after the initial tenn, by giving Columbia at least twelve (12) months prio r w ri tten notice of its intent to terminate this Sublease. A. Within 30 days of City's notice, the parties shal l agree upon an early ter mination fee, including the remaining unamorti zed value ( calculated on a straight-line basis) of capital improvements made to the Premises by Columbia . B. City shall pay the early tennination fee to Columbi a i n one lump sum w ithin six ty ( 60) days of the date of early termination of this Sublease. C . City may w i thhol d fro m the early terminati on fee an amount equal to any outstanding sums due from Co l umbia to City. Boat Bas in Sublease Agree ment -2 3.4 If the parties are unable to agree upon an early termination fee, they shall proceed to establish the fee as a purchase price by arbitration as provided in Section l 5.4, Dispute Resolution. ARTICLE 4 -RENT 4.1 Rent Accrual. Rent accrual shall begin on the effective date of this Sublease. The first month's rent shall be prorated and thereafter, full rental payments shall be due on the first day of each month. Rent shall be payable to the City without demand and without deduction, setoff, or counter claim. 4.2 Rent Commencing on January 1, 2013, the monthly rental amount shall be One Thousand Two Hundred Dollars ($1,200 .00); commencing on January 1, 2014, the monthly rental amount shall be One Thousand Three Hundred Dollars ($1,300.00); commencing on January 1, 2015, the monthly rental amount shall be One Thousand Four Hundred DolJars ($1,400.00); and beginning on January I, 2016, the monthly rental amount shalJ be increased, and shall thereafter increase each year, including any period of extension, on the first day of January of each year in an amount equal to the greater of: a) 18% of the total rental income of all moorage and boat storage revenues or, b) an amount equal to I 05% of the previous rental rate. 4.3. Late Charge. In any installment of rent or payment due from Columbia not received prior to or on the date when due, Columbia shall pay to the City an additional sum equal to 15% of the overdue portion of the rent as late charge. Notice of late payment is not required, but may be provided by the City to Columbia. The unpaid rent together with the late charge shall accrue interest at the rate of 12% per annum until paid in full. Acceptance of any late charge shall not constitute a waiver of Columbia's default with respect to the overdue payment or prevent the City from exercising any of the other rights and remedies available to it. 4.4 Security Deposit. Upon execution of this Sublease, Columbia shall deposit Three Thousand Six Hundred Dollars ($3,600 .00) with the City as a security deposit. This sum shall guarantee Columbia's performance of its ob1igations hereunder. If Columbia fails to perform any of its obligations hereunder, the City may apply the appropriate portion of the security deposit to cure the default or to compensate the City for damage it has sustained as a result of Columbia's default, including attorney fees and administrative costs, including notices, which shall be reimbursed at the rate of$ I 00.00 per each such notice provided to Columbia. If any portion of the deposit is so used, Columbia shall, upon demand, deposit sufficient cash with the Ci ty to restore the security deposit to its original amount. If Columbia fully perfonm its obligations under this Sublease, the security deposit or any balance thereof sha11 be returned to Columbia at the expiration of this Sublease, or after Columbia has vacated the Premises, whichever last occurs. Boat Basin Sublease Agreement -3 ARTICLE 5-REMEDIATION AND CAPITAL DEVELOPMENT PLAN 5.1 In addition to the AMP, as well as the Recreation, Development and Management Plan as required under the underlying Lease, Columbia shall immediately implement and comply with the Remediation Plan providing for the timely removal of derelict docks, flot ation material , overgrown and dead vegetation, and other waste and debris upon the Premises which is attached hereto and incorporated as Exhibit D. 5.2 Columbia shall immediately initiate and implement the Capital Development Plan in a timely manner as provided in Exhibit E, attached hereto and incorporated by this reference. 5.3 The Remediation Plan and the Capital Development Plan are material conditions of this Sublease, and failure to timely comply with such tenns shall constitute a materially breach of the Sublease. Such Plans may only be modified in writing signed by both parties. ARTICLE 6 -INDEMNIFICATION 6 .1 The City shall not be liable for any loss, injury, death or damage to persons or property which at any time may be suffered or sustained by Columbia or by any person whomsoever may at any time be using or occupying or visiting the Premises, whether such loss, injury, death or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of Columbia or any of its occupants, subtenants, invitees, or other users of any portion of the Premises . Columbia shall indemnify the City against all claims, liability, loss, or damage whatsoever on the account of any such loss, injury, death or damage. Columbia shall defend, indemnify and hold the City harmless in any action at law or equity, the City, its officers, employees, agents and elected officials and appointive boards from any and a11 claims, losses, damages, including property damage, personal injury, including death, and liability of every kind, nature and description arising from or connected with the use or occupancy of the Premises by Columbi a or the perfonnance of this Sublease by Columbia or any person directly its control. ARTICLE 7 -INSURANCE 7.1 . Liability Insurance. Supplement to those requirements under Section 19 "Insurance" of the underlying Lease, Columbia shall secure, maintain and pay for general liability insurance coverage in the amount of One Million Dollars ($ I ,000 ,000 .00) per occuITence, with a general aggregate limit of Two Million Do11ars ($2 ,000,000 .00) including coverage for environmental liabili ty in an amount of One Million Dollars ($1 ,000,000 .00) per occmTence, with a general aggregate lim it of $2,000,000.00, at all times during the term or extended term of this Sublease, insuring Columbia and naming the City as an additional named insured . Columbia shall provide the City a certificate of insurance and a copy of the insurance policy prior to taking possession of the premises, and annually thereafter. Such policies shall provide that no cancellation, major change in coverage, or nonrenewal by the insurance company will be made during the term of this Sublease, without 30 days written notice to the City prior to the effective date of such cancellation, nonrenewal, or change in coverage. Boat Basin Sublease Agreement - 4 7.2. Fire and Casualty Insurance. Columbia, as an operating expense, shall maintain and keep on all of its personal property, improvements, and alterations in, on or about the Premises, including, but not limited to, buildings , docks, boat slips, and other improvements, a policy of standard fire, casualty, and extended or other coverage insurance to the extent of I 00% of their full replacement value, without reduction for depreciation of Columbia's improvements or alterations if damaged, with the loss payable to the City and Columbia as their interest may appear. 7 .3. Workers' Compensation Insurance. Fu11 workers' compensation insurance necessary in connection with the performance of this Sublease to protect Columbia and its employees under the Workers' Compensation Act. Such insurance shall relieve the City from any all responsibility therefore. However, in no event, shall any employee of Columbia be construed to be an employee or "loaned" servant of the City. 7 .4 Payment. Payment of policy premiums required under this Article shall be construed as additional rent subject to timely payment by Columbia. 7.5 Subrogation. Notwithstanding any other provision of this Lease to the contrary, and without hmitation of the provisions of this Article 7, whenever (a) any loss, cost, damage or expense resulting from fire, explosion or any other casualty or occurrence is incurred by either of the parties hereto, or anyone claiming by, through, or under it in connection with the Premises, and (b) such party then is covered in whole or in part by insurance with respect to such loss, cost, damage or expense or is required under this Lease to be so insured, then the party so insured (or so required) hereby waives any claims against and releases the other party from any liability said other party may have on account of such loss, cost, damage or expense to the extent of any amount recovered by reason of such insurance (or which could have been recovered had such insurance been carried as so required). The parties agree to furnish to each insurance company which has or will issue policies of casualty insurance on the Improvements, written notice of said waivers and to have the insurance policies properly endorsed, if necessary, to acknowledge such subrogation waivers . Such release of liability and waiver of the right of subrogation shall not be operative in any case where the effect thereof is to invalidate such insurance coverage or increase the cost thereof (except that in the case of increased cost, the other party shall have the right, within thirty (30) days following written notice, to pay such increased cost, thereby keeping such release and waiver in full force and effect). ARTICLE 8 -TAXES AND UTILITIES 8. 1 Taxes. Columbia shall promptly pay when due, and before delinquency, all taxes, including leasehold excise tax, assessments, rates, charges, license fees, liens, levies which may be levied, assessed, charged or imposed or upon which may become liens or charged upon or against the Premises. Columbia shall have full right of contest of validity or amount of any tax, assessment, levy, or other governmental charge that may be required to pay under the tenns of this Sublease. Boat Basin Sublease Agreement -5 8.2 Utilities . Columbia shall promptly pay, when due and before delinquency, all water, sewer, gas, heat, light, power, telephone service, garbage removal and all other utility services of any kind and nature whatsoever supplied to, for the benefit of, or used on the Premises by Columbia. ARTICLE 9 -USE OF THE PREMISES 9 .1 The Premises shall be used solely for the purpose of providing quality marina services and products to the public including providing moorage services, boat sales and service, watercraft sales and service, and all other uses incident to, accessory to, or necessary for marina services . These uses shall include the development, construction, and improvements on structures, docks, and fueling facilities, and improvements as provided in the Capital Improvement Plan and the May 18, 2010, Army Corps of Engineers Penn it for the installation of additional ramps, docks and marina improvements. 9.2 Any other uses not prohibited by the underlying Lease and proposed by Columbia shall be reviewed and approved by the City and the United States Army Corps of Engineers District Engineer. Approvals must be obtained prior to Columbia proceeding with the implementation of any such additional uses. 9.3 Columbia shall comply with and conform with all laws and regulations relating to the condition, use or occupancy of the Premises as required by Federal , State, County or City laws , ordinances or regulations. 9.4 Columbia shall have full right and authority to rent slip, rnoorage and dryland storage of boats for periods not exceeding one (1) year with all revenues therefrom belonging to Columbia. Columbia shall be entitled to all revenues generated by its operations, sales and services upon the Premises . 9.5 Columbia sha11 maintain the Premises in a clean and orderly condition and shall not cause nor permit litter, garbage, or other refuse or debris to accumulate on the Premises and shall, at its own expense, control or eliminate any pests, insects, overgrown or dead vegetation and noxious weeds. 9 .6 Columbia shall not cause or pennit any Hazardous Substance, including petroleum products or sewage th at may be spiiled, leaked , disposed of, or otherwise released on or under the Premises or its adjoining waters. Columbia may use or otherwise handle on the Premises only those Hazardous Substances typically sold or used in the prudent and safe operation of a marina. Columbia may store such Hazardous Substances on the Premises only in such quantities necessary to satisfy Columbia1s reasonably anticipated needs. Columbia shall comply with all Environmental Laws and exercise the highest degree of care in the use, handling, and storage of Hazardous Substances, and shall take all practical measures to minimize the quantity and toxicity of Hazardous Substances used, handled, or stored on the Premises . Upon the expiration or termination of this Sublease, Columbia shall remove all Hazardous Substances from the Premises. The tenn "Environmental Law" shall mean any Federal, State or local Boat Basi n Sublease Agreement -6 statute, regulation, or ordinance, or any judicial or other governmental order pertaining to the protection of health, safety, or the environment. The term "Hazardous Substance" shall mean any hazardous, toxic, infectious, or radioactive substance, waste, and material as defined or listed by any environmental laws and sha11 include, without limitation, petroleum, oil, or their constituents. 9.7 Notwithstanding anything in the Article 9 to the contrary, Columbia shall not be liable and the City shall fully indemnify and hold Columbia harm less from and against any and all liabilities, damages, expenses, costs and losses arising from, or as a result of, any use and occupancy o f the Premises prior to the Commencement Date, including any violation of any Environm ental Laws attributable to the period prior to the Commencement Date, and from, or as a result of, any breach of the City's obligations under this Lease . 9.8 Columbia will not limit or exclude public use of the existing boat launch ramp or the park portions of the marina. 9 .9 Columbia shall not discriminate against any person as set forth in Section 22 of the underlying Lease. 9.10 Columbia agrees to cooperate and assist as is reasonable in any agreement between the City of Pasco and the Port of Pasco for the improvement of adjacent properties owned by the Port as well as the properties included in this sublease (Exhibit A). ARTICLE 10-REPAIR AND MAINTENANCE 10.1 Columbia's Repair and Maintenance Obligation. Except for the maintenance and repair obligations specifically assumed herein by the City, Columbia shall, at its expense, keep and maintain the Premises, including but not limited to, the Marina components identified in Exhibit B and such other buildings, structures , improvements, fixtures, trade fixtures, equipment and utility systems which may now or hereafter exist on the Premises, in good, operable, usable and sanitary order, appearance, repair and in a good, safe, operating and attractive condition throughout the term of this Sublease, timely providing for such repairs, replacement, rebuilding and restoration as may be r equired to comply with the req uiremen ts of this Sublease. Such maintenance and repair shall include all roadways, parking areas, common areas, walkways, utility service and lines, shorelines and trees, shrubbery, grass and vegetation on the entire Premises; and maintenance and repair of the existing sales and service building, all interior repairs including ordinary electrical and HVAC maintenance, all interior and exterior doors, windows, flooring or res trooms, equipment, and fixtures. A. Should Columbia fail to perfonn such maintenance or repair within thirty (30) days of written notice from the City, the City may enter upon the Premises and perform the required maintenance for repair, unless, such lack of maintenance and repair creates an unsafe or hazardous condition for which the City may immediately enter the premises to accomplish such repairs as necessary. Columbia shall reimburse the City of all costs incurred in effectuating such maintenance or repair. Boat Basin Sublease Agreement -7 I 0.2 City's Obligation for Maintenance, Repairs and Improvements. The City shall be responsible for maintaining the major structural components of the existing sales and service building including: A. Repairs of the roof and gutters, exterior walls (not including painting), bearing walls, structural members, floor slabs, and foundation . B. Repair of exterior water, sewer and electrical services up to the point of entry to the Premises. C. Repair of the heating and air conditioning components, other than ordinary maintenance. D. City shall not, however, be responsible for any repairs necessitated by the negligence of or improper maintenance by Columbia, its agents, employees or invitees. Such repair shal1 be the responsibility of Columbia. E. To facilitate prompt repair and minimize the affect upon Columbia's business, the City may authorize Columbia, or its subcontractors, to perform the maintenance and repair as provided above with the City promptly reimbursing Columbia for the actual costs of such maintenance, repairs and any improvements authorized. I 0.3 Inspection. The City shall have the right to enter the Premises upon 24-hour notice during regular business hours, or such time as mutually agreed between the parties, for inspection of the Premises to determine Columbia's compliance with this Sublease, to make necessary repairs to the building or to the Premises, and to fulfill its obligations under the underlying Lease. ARTICLE 11 -ASSIGNMENT AND SUBLETTING 11.1 Other than short term slip rental and boat storage, no part of the Premises may be assigned, mortgaged, sub l eased, nor may a right of use of any portion of the Premises be conferred on any third person without the prior written consent of the City. This shall include the sale or transfer of any interest exceeding 25% in the ownersh ip of Columbia. ARTICLE 12 -CONSTRUCTION OR MODIFICATION OF MARINA FACILITY 12 . l Prior to Columbia's construction, modification, alteration or renovation of any new or existing building, structure or improvement, Columbia shall provide the following: A Plans and Specifications. Columbia shall at Columbia's sole expense, prepare plans and specifications for any new building, structure or improvement the cost of which is in excess of $25,000.00, to be erected on the premises . Such plans and specifications shall be submitted to the City and the Corps of Engineers for the prior Boat Basin Sublease Agreement -8 written approval of, or any revisions required by the City and the Corps of Engineers . The City and the Corps of Engineers shall not unreasonably withhold such approval, and in the event of disapproval, the City and the Corps of Engineers shall give to Columbia an itemized statement of reasons therefore within sixty (60) days after the same are submitted to them. Prior to the commencement of any such work, the City may require Columbia to furnish the City with a good and sufficient surety bond guaranteeing the completion of such building, structure or improvement and the payment of all bills therefore. B. Alterations, Improvements and Changes Permitted. Columbia shaJI have the right to make such alterations, improvements and changes to any building, structure · or improvement which may from time to time be on the premises as Columbia may deem necessary, or to replace any such building, structure or improvement with a new one of at least equal value, provided that prior to making any structural alterations, improvements or changes, or to replacing any such building, structure or improvement, Columbia shall obtain written approval of plans and specifications therefore from the City and the Corps of Engineers, which approval the City nor the Corps of Engineers shall not unreasonably withhold, provided that the value of the building, structure or improvement shall not be diminished and the structural integri ty of the building, structure or improvement shall not be adversely affected by any such alterations, improvements or changes, or that any proposed new building, structure or improvement is at least equal in value to the one which it is to replace, as the case may be. In the event of disapproval, the City and the Corps of Engineers shall give to Columbia an itemized statement of reasons therefore. Columbia will in no event make any alterations, improvements or other changes of any kind to any building, structure or improvement on the premises that will decrease the value of such building structure or improvement or that will adversely affect the structural integrity of the building, structure or improvement. Prior to commencing any work that will cost in excess of Twenty-Five Thousand Dollars ($25,000 .00), the City may require Columbia to furnish the City and the Corps of Engineers , on demand, with a good and sufficient surety bond insuring the completion of such work and the payment of all bills therefore. C. Restoration and Replacement of Currently Existin g Structure. Columbia shall have no obligation to restore or replace at the expiration or other tennination of the Lease, the buildings located on the land hereby demised at the commencement of the term hereof, except that, prior to the time Co lumbia may demolish such building, Columbia shall keep and maintain the san1e in a condition comparable to its condition when delivered to Columbia . D. Disposition of New Improvements. Any new building, structure or improvement constructed by Columbia on the premises, and all alterations, improvements, changes or additions made in or to such premises , shall be the property of City, and Columbia shall have only a leasehold interest therein, subject to the terms hereof. Boat Basin Sublease Agreement -9 E. Improvements and alterations installed by Columbia shall, at Columbia's option, be removed by Columbia and the Premises restored unless the applicable Columbia's consent specifically provides otherwise . Existing improvement to buildings and grounds may not be removed without the prior written consent of the City. ARTICLE 13 -DEFAULT 13.I. The City may, at its option and without limiting the City in the exercise of any other right or remedy it may have on account of a default or breach by Columbia, exercise the rights and remedies specified herein if: A. Columbia defaults in the payment of any money agreed to be paid by Columbia to City for rent or to be paid for taxes, utilities, insurance or for any other purposes under this Sublease, and if such default continues for ten (10) days after the date due. B. Columbia abandons the Premises for a period of thirty (30) days. C. Columbia defaults in the performance of any of its agreements, conditions or covenants, other than the payment of rent or additional rent, and any such default continues for thirty (30) days from the date of notice. However, not withstanding any other provisions herein, the thi1iy (30) day notice shall be required for the first default only; the second default shall require a ten ( 10) day notice period ; and the third such default shall require no notice which shall constitute an automatic termination of the Sublease. The purpose of this provision is to prevent habitual defaults and performances required under this Sublease. If two or more years have passed since the date of the last default, Columbia shall be entitled to reinstatement of the notice feature provided above with first such default allowed up to thirty (30) days to cure. If, any such delay in the performance of the cure of any default by Columbia is the direct result of reasons or matters beyond the control of Columbia, such period may be extended for such reasonable period as is necessary to cure the default. D. The levy of a writ of attachment or execution or lien on this Sublease or any other property of the Subleasee located on the Premises which is not released or terminated within thirty (30) days. E. A general assignment by Columbia for the benefit of its creditors, or an attempted assignment or transfer of any of the rights provided under this Sublease. F. The filing by or against Columbia of a petition for relief in bankruptcy. G. Failure of Columbia to timely fulfill or comply with the Corps of Engineers AMP, or the Remediation Plan or Capital Development Plan as provided in Article 5 of th is Sublease. Boat Basin Sublease Agreement -10 H. Columbia's failure to perform any material provision of this Sublease or the underlying Lease. ARTICLE 14 -REMEDIES 14. l Remedies. In the event of Columbia's default hereunder, and in addition to any other rights or remedies the City may have under this Sublease or under law, City may elect: A. To immediate terminate this Sublease and Columbia's right to possession of the Premises by giving written notice to Columbia and (1) to recover from Columbia an award of damages equal to the sum of the unpaid rental which had been earned at the time of termination; (2) to recover any other amount necessary to compensate City for all the detriment either proximately caused by Columbia's failure to perform Columbi a's obligations under this Sublease or which in the ordinary course of things would be likely to result therefrom; and (3) to recover all such other amounts in addition or in lieu of the foregoing as may be permitted from time to time under applicable law . B. To have this Sublease continue in effect for so long as City does not terminate this Sublease and Columbia's right to possession of the Premises, in which event City shall have the right to enforce all of the rights and remedies provided by this Sublease and by law, including the right to recover the rental and other charges payable by Columbia under this Sublease as they become due. C . To have a receiver appointed to collect rent and conduct Columbia's business . Neither the filing or a petition for the appointment of a receiver nor the appointment itself shall constitute an election by City to terminate this Lease . D . To exercise any or all of the remedies set forth in this Sublease. E. In the event of a reentry, the City shall have the right to take over management of the Marina including, but not limited to, communications with slip ren tal tenants and boat storage customer, and collection ofrents and other payments due for the use of the Marina. To facilitate the transfer of management, Columbia shall immediate provide to the City with its most current customer contact information and rental payment ledger. I 4 .2 Right of Entry and Expenses of Columbia's Default. If Columbia shall default in the performance of any obligation on Columbia's part to be perfom1ed under this Sublease, City may, following reasonable notice to Columbia, enter the premises and perfonn the same for Columbia's account with City personnel and equipment or with the services of a p1ivate contractor. If City at any time is compelled or elects to pay or incur any cost or expense (including, but limited to, reasonable attorneys ' fees) by reason of Columbia's default, Columbia shall , upon demand, pay to City as additional rental the amount of such costs and expenses, together with interest at the maximum rate set forth in this Sublease from and after the date paid or incurred. Boat Basin Sublease Agreement -11 14.3 City's Default. In the event City fails to perform any covenant, condition , or agreement contained in this Sublease within thirty (30) days after written notice from Columbia specifying such default or, where City's default cannot reasonably be cured within thirty (30) days and City fails to commence to cure within that period, then City shall be liable to Columbia for any damages sustained by Columbia as a result of City's breach. Columbia shall not have the right to terminate this Sublease or to withhold, reduce or offset any amount against any payments of rents or charges due and payable under this Sublease, except as may be specifically provided herein. Columbia shall not have, and hereby waives, any claim against City for money damages arising by reason of any refusal, withholding or delay by City in giving any consent, approval or statement of satisfaction. City will not unreasonably withhold any such consent, approval or statement of satisfaction. Columbia's only remedies for any such refusal, withholding or delay shall be an action for specific performance, injunction or declaratory judgment. ARTICLE 15 -GENERAL PROVISIONS 15 .1 Time is of the essence. For the purpose of this agreement, time is of the essence for the prompt performance of all terms and conditions of this Sublease. 15.2 Nonwaiver. Waiver by either party of the strict performance of any provision of this Sublease shall not be a waiver of nor prejudice the party's rights to require strict perf01mance of the same provision in the future or of any other provision. 15.3. Notice. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party, shall be in writing and either served personally or transmitted by electronic mail , or prepaid certified mail, effective as of the date of posting. Notices shall be addressed to the parties as follows; The City of Pasco Rick Terway, Director Administrative & Community Services CITY OF PASCO PO Box 293 Pasco WA 99301 JT&T, LLC d/b/a Columbia Marine Center 1315 S . 4th Ave Pasco WA 9930 I Either party may change its address by notifying the other of the change of address in writing. 15.4 Dispute Resolution. Except for disputes involving the payment of rent, or those Boat Basin Sublease Agreement -12 l, disputes required under Section 30 of the underlying Lease to be resolved under the Contract Dispute Act of 1978, in the event of a dispute in regards to the enforcement, interpretation or breach of this Sublease, the parties shall first meet in a good faith attempt to resolve the dispute. In the event the dispute cannot be resolved by agreement of the parties either with or without the assistance of mediation, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other, IN WITNESS WHEREOF, the parties have hereunto set their hands as of the date first above written. Gary , APPROVED AS TO FORM: Leland B. Kerr, City Attorney Boat Basin Sublease Agreement • 13 STATE OF WASHINGTON) :ss County of Franklin ) On this day personally appeared before me GARY CRUTCHFIELD, City Manager for the City of Pasco , Washington , described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. STATE OF WASHINGTON) :ss ~ day of March, 2013. Notary Public ·n a for the State of Residing at 5,c o My Commission Expires ___ <f'~;,~7-__,__...,_ __ County of Franklin ) On this day personally appeared before me Jr M. lirt-tlfd 0 • , Br tS.&n Jr&T, LLC, d/b/a Columbia Marina Center, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned . GIV RN 1ul1A'if my hand and official seal this _1__ day of March, 2013. ,,, L ,,, ~ ,, :-{ . 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'"'""' Boat Basin Sublease Agreement -14 m >< . ..., r :I: m --n CD ..... - CJ -I ~ )> " I (') 0 1l E l> s: en ~ 0 ~ 0 < CD ~ 0 ~ ~ r : DJ ~ 1;; -z EXHIBIT "B" Inventory I) Main Building -40x 190 2) 40 Slip Covered Dock 3) 30 Slip Covered Dock 4) East Concrete Dock 5) Star Dock 6) Small Dock located west of 40 Slip Covered Dock 7) Small Storage Shed (East End) 8) Sign Structure on Levee by Entrance to the Bay RSPLVTO ATTeNTION OF Real Estate Division D EP AR TMENT O F TH E ARMY WALLA WALLA DISTRICT, CORPS OF ENGINEERS 201 NORTH 'rHIRD AVENUE WALLA WALLA WA 99362-1876 CERTI FIED MAIL RETURN RECEIPT REQUESTED March 29, 2004 Mr. Gary Crutchfield, City Manager City of Pasco PO Box 293 Pas co, Wa 99301 Dear Mr. Crutchfield : EXHIBIT "C" Enclo sed for th e records of the City of Pasco is a fully executed copy of Department of the Army Lease No . W912EF-1-04 -1 3. The term of the 1ease is 50 years and the consideration is the operation and maintenance of the premises for the benefit of the Un ited States and the general public in accordance with the lease conditions. Lease No. DACW68-1-98-30 has been terminated effective this date as requ i red by cond iti on 40., TERMIN AT ION OF PR! OR LEASE. It there are a ny questions on the lease, you can call me at 509-527-7324 or con tact me by e-mail at Pau l.S.Sh ampine@usace .army.mil. Sincere ly, Paul Shampine Real Estate Specialist Enc losure NO. W912EF-1-04-13 DEPARTMENT OF THE ARMY LEASE TO THE CITY OF PASCO, WASHINGTON FOR PUBLIC PARK AND RECREATIONAL PURPOSES Levee 12-1, The Pasco Boat Basin on McNary Lock and Dam Project Franklin County, Washington NO. W912EF-1-04-13 DEPARTMENT OF THE ARMY LEASE TO THE CITY OF PASCO, WASHINGTON FOR PUBLIC PARK AND RECREATJONAL PURPOSES Levee 12-1, The Pasco Boat Basin on McNary Lock and Dam Project Franklin County, Washington THIS LEASE is made on behalf of the United States and the SECRETARY OF THE ARMY, hereinafter referred to as the Secretary, and the City of Pasco, Washington, a municipal corporation, hereinafter referred to as the Lessee, WITNESS ETH: That the Secretary, by authority of Title 16, United States Code, Section 460d, and for the consideration hereinafter set forth, hereby leases to the Lessee, the property identtfied in Exhibits A and B, attached hereto and made a part hereof, hereinafter referred to as the premises, for public park and recreational purposes. THIS LEASE is granted subject to the following conditions: 1. TERM Said premises are hereby leased for a term of 50 years, beginning on the date this lease is executed by the government and ending 50 years from said date . 2. CONSIDERATION The consideration for this lease is the operation and maintenance of the premises by the Lessee for the benefit of the United States and the general public in accordance with the conditions herein set forth . 3. NOTICES All correspondence and notices to be given pursuant to this lease shall be addressed, if to the Lessee to the City Manger, City of Pasco; P.O . Box 293 ; Pasco, Washington 99301 and if to the United States, to the District Engineer, ATTN: Chief, Real Estate Division ; Walla Walla District; 201 North 3rd ; Walla Walla, Washington 99362-1876 or as may from time to time otherw ise by directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope, or wrapper, addressed as aforesaid, and deposited, postage prepa id, in a post office regularly maintained by the United States Postal Service. 4. AUTHO RIZED REPRESENTATIVES Except as otherwise specifically provided, any reference herein to "Secretary of the Army," "District Engineer," "said officer" or "Lessor'' shall include their duly authorized representatives . Any reference to "Lessee" shall include sublessees , assignees , transferees, concessionaires, and its duly autho rized representa ti ves. 5. DEVELOPMENT PLANS The Lessee shall be guided by an Annua l Management Plan (AMP) in furtherance of the Lessee 's imp lement ing Plan of Recreation Development and Management (Development Plan) attached as Exhib it C which shows the facilities and serv ices necessary to meet the curren t and potential public demand and the management and development activities to be undertaken by the Lessee and any sublessees . No later than Jan ua ry 1 of each year the Lessee will subm it the AMP to be mutually agreed on between the Lessee and the Dist rict Engineer. Such AMP sha ll include but is not limited to the follow ing: a. Plans for ma nagement, maintenance and development acti vities to be undertake n by the Lessee and any sublessees. b. Report of the management , maintenance and developmen t accomplishme nts of the Lessee for the preced ing year . c. Report on any signi fi cant modification of pol icies or procedures which are plan ned for the follow i ng year as well as those implemented i n the preceding year. 2 d. Minor modifications to the Development Plan. Major modifications are to be accomplished by amendment to the Plan before proceeding to implement any changes in the development or management of the leased premises. e. Budget of the Lessee for carrying out all activities for the upcoming year . f. Personnel to be used in the management of the leased premises . g. Annual certification that all water and sanitary systems on the premises have been inspected and comply with Federal, state and local standards. Lessee will also provide a statement of compliance with the Rehabilitation Act and the Americans with Disabilities Act, as required in the condition on NON-DISCRIMINATION, noting any deficiencies and providing a schedule for correction. The use and occupation of the premises shall be subject to the general supervision and approval of the District Engineer. Du ring the term of the lease, the District Engineer will notify the Lessee of any updates to the existing project Master Plan affecting the premises and the Lessee may provide comments. 6. STRUCTURES AND EQUIPMENT The Lessee shall have the right, during the term of the lease, to erect such structures and to provide such equipment upon the premises as may be necessary to furnish the facilities and services authorized. Those structures and equipment shall be and remain the property of the Lessee, except as otherwise provided in the Condition on RESTORATION (Paragraph 20). However, no structures may be erected or altered upon the prem ises unless and until the type of use, design, and proposed location or alteration thereof shall have been approved in writing by the District Engineer. The District Engineer may require the Lessee, upon the completion of each of the proposed developments to furnish complete "as built" construction plans for all facilities. 7. APPLICABLE LAWS AND REGULATIONS The Lessee shall comply with all applicable Federal laws and regulations and with all applicable laws, ordinances, and regulations of the state, county, and municipality wherein the premises are located, including, but not limited to, those regarding construct ion, health, safety, food service, water supply, sanitation, use of pesticides, and licenses or permits to do business. The Lessee shall make and enforce such regulations as are necessary and within its legal authority in exercising the priv ileges granted in this lease , provided that such regulations are not inconsistent with those issued by the Secretary of the Army or with the provisions of 16 U.S.C. § 460d. 3 8. CONDITION OF PREMISES · a. The Lessee acknowledges that it has inspected the premises, knows its condition, and understands that the same is leased without any representations or warranties whatsoever and without obligation on the part of the United States to make any alterations, repairs, or additions thereto. b . As of the date of this lease, an inventory and condition report of all personal property and improvements of the United States included in this lease shall be made by the District Engineer and the Lessee to reflect the condition of said property and said improvements. A copy of said report, when complete, shall be attached hereto as Exhibit D and made a part hereof. Upon the expiration, revocation, or termination of this lease, another inventory and condition report shall be similarly prepared. This report shall constitute the basis for settlement for property damaged or destroyed . Any such property must be either replaced or restored to the condition required by the Condition on PROTECTION OF PROPERTY (Paragraph 16). 9. FACI LITIES AND SERVICES The Lessee shall provide the facilities and services as agmed upon in the Development Plan referred to in the Condition on DEVELOPMENT PLANS (Paragraph fil . either directly or through subleases or concession agreements that have been reviewed and accepted by the District Engineer. These subleases or agreements shall state: (1) that they are granted subject to the provisions of this !ease; and (2) that the agreement will not be effective until the third party activities have been approved by the District Engineer. The Lessee will not allow any third party activities with a renta l to the Lessee or prices to the public which would give the third party an undue economic advantage or circumvent the intent of the Development Plan. The rates and prices charged by the Lessee or its sub-lessees or concessionaires shall be reasonable and comparable to rates charged for similar goods and services by others in the area. The use of sub-lessees and concessionaires will not relieve the Lessee from the primary responsibility for ensuring compliance with all of the terms and conditions of this lease . 10. MAINTAIN THE LEVEE CREST The Lessee will be responsible for the maintenance of the levee crest for any levee on the premises. This maintenance includes the repair of damage and erosion caused by the operation of the facilities constructed on the levee. The Lessee shall keep the premises c lean and free from trash . No trees or shrubs will be allowed to be planted directly in the levee . Any tree or shrub planted on the levee will be in containers or fully enclosed planter boxes . An irrigation system on the levee is prohibited, unless the design and intended use of the irrigation system is first approved, i n writing, by the District Engineer. 4 11. STOCKPILING AND/OR DISPOSAL OF LEVEE MATERIALS The riprap removed from lowering any levee will be stockpiled by the Lessee, at the Lessee's own expense, on Government lands, or elsewhere, as determined by the District Engineer. This riprap will be stored for use by the Government. All excess fill material will be, at the discretion of the District Engineer, disposed of off-site at no cost to the Government. The Government will not retain ownership of any disposed fill material. 12. HOLD HARMLESS The United States shall not be responsible tor damages to property or injuries to persons which may arise from any modification, alteration or lowering of any levee by Lessee, regardless of when such modification, alteration or lowering occurred, and the Lessee shall hold the United States harmless from any and all such claims, except damages or injuries caused by the negligence of the United States or its contractors . 13. TRANSFERS, ASSIGNM ENTS, SUB LEASES a. Without prior written approval of the District Engineer, the Lessee sha ll neither transfer nor assign this lease nor sublet the premises or any part thereof , nor grant any inte rest, privilege , or license whatsoever in connection w ith this lease. b. The Lessee will not sponsor or participate in timeshare ownership of any structures , fac ilit ies , acco m modations , or persona l property on the premises . T he Lessee will not subdiv ide nor develop the premises into private resident ial deve lopment. 14. FEES Fees may be charged by the Lessee fo r the entrance t o or use of the prem ises or any facil ities, howeve r, no use r f ees may be charged by the Lessee or its sub~lessees for use of facil ities deve loped in whole or part wit h fede ral funds if a user charge by the Corps of Engineers for t he facility would be prohibited under law. 15 . ACCO UNTS, RECOR DS AN D RECEIPTS All monies received by the Lessee from operati ons conducted on the premises , incl uding , but not lim ited to , en tr ance, admission and user f ees and rental or ot her consideration rece ived from its concessionaires, may be util ized by the Lessee for the administrat ion , ma intenance, operation and development of the pre m ises . Beg inn ing 5 years from the date of th is lease and con ti nu ing at 5-year interva ls, any such mon ies no t so uti lized o r programmed fo r uti lization within a reasonable t ime shall be pa id to the D istric t Eng ineer . T he Lessee sha ll establish and ma i nta in accurate records and accounts and provide a n annua l statement of rece ipts and expendi t ures to the District Eng inee r. Annua l or weekly entrance fees not co l lected on the Project , which a lso are 5 honored at other recreational areas operated by the Lessee, are excluded from this requirement. The District Engineer shall have the right to perform audits or to require the Lessee to audit the records and accounts of the Lessee, third party concessionaires and sub-lessees, in accordance with auditing standards and procedures promulgated by the American Institute of Certified Public Accountants or by the state, and furnish the District Engineer with the results of such an audit. 16. PROTECTION OF PROPERTY The Lessee shall be responsible for .any damage that may be caused to property of the United States by the activities of the Lessee under this lease and shall exercise due diligence in the protection of all property located on the premises against fire or damage from any and a ll other causes. 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 En gineer, or, at the election of the District Engin ee r, reimbursement may be made therefore by the Lessee in an amount necessary to restore or replace the property to a condition satisfactory to the District Engineer. 17. RIGHT TO ENTER AND FLOOD The right is reserved to the United States, its officers, agents, and employees to enter upon the premises at any time and for any purpose necessary or convenient in connection with navigation, hydropower or flood control purposes; to make inspections; to flood the premises to the Standard Project Flood Elevation; to manipulate the level of the lake or pool in any manner whatsoever; and the Lessee shall have no claim for damages on account thereof against the United States or any officer, agent, or employee thereof. 18. LIGHTS, SIGNALS AND NAVIGATION There shall be no unreasonable interference with navigation by the exercise of the privileges granted by this lease. If the display of lights and signals on any work hereby authorized is not otherwise provided for by law, such lights and signals as may be prescribed by the Coast Guard or by the District Engineer shall be installed and maintained by and at the expense of the Lessee. 19. INSURANCE a. At the commencement of this lease, the Lessee, unless self~insured, and its sub-lessees and concessionaires at the commencement of operating under the terms of this lease as third parties, shall obtain from a reputable insurance company or companies contracts of liability insurance. The insurance shall provide an amount not less than that which is prudent, reasonable and consistent with sound business practices for any number of persons or claims arising from any one incident with respect 6 to bodily injuries or death resulting therefrom, property damage, or both, suffered or alleged to have been suffered by any person or persons, resulting from the operations of the Lessee, sub-lessees and concessionaires u-nder the terms of this lease. The. Lessee, unless self-insured, shall require its insurance company, and any sub-lessee and concessionaire, to furnish to the District Engineer a copy of the policy or policies or, if acceptable to the District Engineer, certificates of insurance evidencing the purchase of such insurance. b. The insurance policy or policies shall specifically provide protection appropriate for the types of facilities, services and products involved; and shall provide that the District Engineer be given thirty (30) days notice of any cancellation or change in such insurance. c. In the event the Lessee is self-insured, the Lessee shall certify such self- insurance in writing in the minimum amount specified above to the District Engineer. The Lessee's insurance status shall not eliminate the requirement for its sub-lessees and concessionaires to have insurance from a reputable insurance carrier as set out above. d. The District Engineer may require closure of any or all of the premises during any period for which the Lessee and/or its sub-lessees and concessionaires do not have the required insurance coverage. 20. RESTORATION a. On or before the expiration of this lease or its termination by the Lessee, the Lessee shall vacate the premises, remove the property of the Lessee, 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 said property therefrom, and restore the premises to the aforesaid condition within such time as the District Engineer may designate. In either event, if the Lessee shall fail or neglect to remove said property and restore the premises, then, at the option of the District Engineer, said property shall either become the property of the United States without compensation therefore, or the District Engineer 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 Lessee 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 lease in restoring the premises. b. Lessee shall not be required to remove any of Lessee's property, upon expiration, termination or revocation of this Lease, if such property is integral to and a necessary part of a third party activity, which is continued through a direct commercial concession lease, pursuant to the Condition on CONTINUATION OF THIRD PARTY ACTIVITIES (Paragraph 21 ). 7 21. CONTINUATION OF THIRD PARTY ACTIVITIES In order to protect the investment of sublessees, the District Engineer is authorized to approve subleases which require the Government to continue the subleased activities upon termination of the parent lease by expiration, relinquishment or revocation. To continue its subleased activities, the sublessee must: (a) be in compliance with the terms and conditions of both the sublease and the parent lease; and (b) accept a direct commercial concession lease with the Government utilizing the Government's approved form for such purposes. 22. NON-DISCRIMINATION a. The Lessee shall not discriminate against any person or persons or exclude them from participation in the Lessee's operations, programs or activities conducted on the leased premises, because of race, color, religion, sex, age, handicap , or national origin . The Lessee will comply with the Americans with Disabilities Act and attendant Americans with Disabilities Act Accessibility Guidelines (ADAAG) published by the Architectural And Transportation Barriers Compliance Board . b. The Lessee, by acceptance of this lease, is receiving a type of Federal assistance and , therefore , hereby gives assurance that it will comply with the provisions of Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000d); the Age Discrimination Act of 1975 (42 U.S.C. § 6102); the Rehabilitation Act of 1973, as amended (29 U.S.C . § 794); and all requirements imposed by or pursuant to the Directive of the Department of Defense (32 CFR Part 195) issued as Department of Defense Directive 5500.11 and 1020.1 , and Army Regulation 600 -7. This assurance shall be binding on the Lessee, its agents, successors, transferees , sub-lessees and assigns. 23. SUBJECT TO EASEMENTS This lease is subject to all existing easements, easements subsequen tly granted, and establ'ished access routes for roadways and utilities located, or to be located, on the premises , prov ided that the proposed grant of any new easement or route will be coordinated with the Lessee, and easements will not be granted wh ich wiil, in the opin ion of the Distr ict Engineer, interfere with developments, presen t or proposed, by the Lessee. The Lessee will not close any established access routes without written permission of the District Engineer. 24. SUB J ECT TO MINERAL IN T ER ESTS This lease is subject to all outstanding mineral interests . As to federally owned m ineral inte rests, it is understood that they may be included in present or future mineral leases issued by the Bureau of Land Management (SLM), which has responsib ility for minera l deve lopmen t on Federal lands . The Secretary will provide lease stipulations to 8 BLM for inclusion in such mineral leases that are designed to protect the premises from activities that would interfere with the Lessee's operations or would be contrary to local laws. 25. COMPLIANCE, CLOSURE, REVOCATION AND RELINQUISHMENT a. The Lessee and/or any sub-lessees or licensees are charged at all times with full knowledge of all the limitations and requirements of this lease, and the necessity for correction of deficiencies, and with compliance with reasonable requests by the District Engineer. This lease may be revoked in the event that the Lessee violates any of the terms and conditions and continues and persists in such non- compliance, or fails to obtain correction of deficiencies by sub-lessees or licensees. The Lessee will be notified of any non-compliance, which notice shall be in writing or shall be confirmed in writing, giving a period of time in which to correct the con- compliance. Failure to satisfactorily correct any substantial or persistent non- compliance within the specified time is grounds for closure of all or part of the premises, temporary suspension of operation, or revocation of the lease, after notice in writing of such intent. Future requests by the Lessee to extend the lease, expand the premises, modify authorized activities, or assign the lease shall take into consideration the Lessee's past performance and compliance with the lease terms. b. This lease may be relinquished by the Les·see by giving one (1) year prior written notice to the District Engineer in the manner prescribed in the Condition on NOTICES (Paragraph 3). 26. HEAL TH AND SAFETY a. The Lessee shall keep the premises in good order and in a clean, sanitary , and safe condition and shall have the primary responsibility for ensuring that any sub- lessees and concessionaires operate and maintain the premises in such a manner. b. In addition to the rights of revocation for non-compliance , the District Engineer, upon discovery of any hazardous conditions on the premises that present an immediate threat to health and/or danger to life or property, wil l so notify the Lessee and will require that the affected part or all of the prem ises be closed to the public until such condition is corrected and the danger to the pub lic eliminated . If the condition is not corrected within the time specified, the District Engineer will have the option to revoke the lease. The Lessee and its assignees or sub-lessees shall have no claim for damages against the United States , or any officer, agent, or employee thereof on account of action taken pursuant to this condition. 27. PUBLIC USE No attempt shal l be made by the Lessee, or any of its sub-lessees or concessionaires, to forbid the full use by the public of the prem ises and of the water 9 areas of the project, subject, however, to the authority and responsibility of the Lessee to manage the premises and provide safety and security to the visiting public. 28. PROH IBITED USES a. The Lessee shall not permit gambling on the premises. Specifically prohibited is the use of gambling devices, such as slot machines, video gambling machines, or other casino type devices that would detract from the family atmosphere . District Engineer may allow the sale of state lottery tickets, in accordance with state and local laws and regulations, as long as the sale of tickets constitutes a collateral activity, rather than primary activity, of the Lessee . The Lessee shall not install or operate, or permit to be installed or operated thereon, any device which is illegal; or use the premises or permit them to be used for any illegal business or purpose . There shall not be conducted on or permitted upon the premises any activity which would constitute a nuisance. b. As an exception, some games of chance, such as raffles, games and sporting events , may be conducted by nonprofit organizations under special permits issued in conjunction with specia l events, if permissible by state and loca l law. Any request to conduct such activit ies must be submitted in writing to the District Engineer. c . In accordance with state and local laws and regulations, the Lessee may sell, store , or dispense or perm it the sale, storage, or dispensing of beer, malt beverages , light w ines or other intoxicating beverages on the premises in those facilities where such service is customar i ly found. Bar facilities will only be permitted if offered in connection with other approved activities. Advertising of such beverages outside of bui ldings is not permitted. Carry out package sales of hard liquor is prohib ited . 29. NATURAL RESOURCES The Lessee shal l cut no timber, conduct no mining operations , remove no sand, gravel , or kindred substances from the ground, commit no waste of any kind , nor in any manner substantial ly change the contour or condition of the premises , except as may be authorized under and pursuan t to the Development Plan described in the Condition on DEVELOPMENT PLANS (Paragraph 5) herein . The Lessee may salvage fallen or dead timber; however, no commercia l use shall be made of such timber. Except for timber salvaged by the Lessee when in the way of construction of improvements or other facil ities , all sales of forest products wi l l be conducted by the United States and the proceeds therefrom shall not be available to the Lessee under the provisions of this lease. 10 30. DISPUTES CLAUSE a. Except as provided in the Contract Disputes Act of 1978 (41 U .S .C. § 601- 613) (the Act), all disputes arising under or relating to th is lease shall be resolved under this clause and the provisions of the Act. ... b. "Claim," as used in this clause, means a written demand or written assertion by the Lessee seeking, as a matter of right, the payment of money in a sum certain, the adjustment of interpretation of lease terms, or other relief arising under or relating to this lease. A claim arising under this lease, unlike a claim relating to the lease, is a claim that can be resolved under a lease clause that provides for the relief sought by the Lessee. However, a written demand or written assertion by the Lessee seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph c.(2) below. c. (1) A claim by the Lessee shall be made in writing and submitted to the said officer for a written decision. A claim by the Government aga inst the Lessee shall be subject to written decision by the said officer. (2) For Lessee claims exceeding $100,000, the Lessee shall submit with the claim a certification that : (i) The cla im is made in good fa ith; (ii) Supporting data are accurate and complete to the best of the Lessee's knowledge and belief; (iii) and the amount requested accurately reflects the lease adjustment for which the Lessee believes the Government is liable. (3) If the Lessee is an individual, the certificate sha ll be executed by that individual. If the Lessee is not an individual, the certification shall be executed by : (i) A senior company officia l in charge at the Lessee 's location involved; or (i i) An officer or general partner of the Lessee hav ing overall responsibility of the conduct of the lessee's affa irs . d. For Lessee claims of $100,000 or less, the said officer must, if requested in writing by the Lessee , render a decision within 60 days of the request. For Lessee- certified claims over $100,000, the said officer must, with in 60 days, decide the claim or notify the Lessee of the date by which the decision will be made. e . The said officer's decision shall be fina l unless the Lessee appeals or fi les as suit as provided in the Act. 11 f. At the time a claim by the lessee is submitted to the said officer or a claim by the Government is presented to the Lessee, the parties, by mutual consent, may agree to use alternative means of dispute resolution. When using alternate dispute resolution procedures, any claim, regardless of amount, shall be accompanied by the certificate described in paragraph c.(2) of this clause, and executed in accordance with paragraph c.(3) of this clause. g. The Government shall pay interest on the amount found due and unpaid by the Government from (1) the date the said officer received the claim (properly certified if required), or (2) the date payment otherwise would be due, if that date is later, until the date of payment. Simple interest on claims shall be paid at the rate , fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the said officer receives the claim and then at the rate applicable for each 6- month period as fixed by the Treasury Secretary during the pendency of the claim. h. The Lessee shall proceed diligently with the performance of the lease, pending final resolution of any request for relief, claim, appeal or action arising under the lease, and comply with any decision of the said officer. 31. ENVIRONMENTAL PROTECTION a. Within the limits of their respective legal powers, the parties to this lease shall protect the project against pollution of its air, ground, and water. The Lessee shall comply promptly 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 leased area is specifically p rohibited. Such regulations, conditions, or instructions in effect or prescribed by the Environmental Protection Agency, or any Federal, state, interstate or local governmental agency, are hereby made a condition of this lease. The Lessee shall require all sanitation facilities on boats moored at the Lessee's facilities, including rental boats, to be sealed against any discharge into the lake. Serv ices for waste disposal , include sewage pump-out of watercraft, shall be provided by the Lessee as approp riate. The Lessee shall not discharge waste or effluent from the premises in such a manner that the discharge will contaminate streams or other bod ies of water or otherwise become a public nuisance. b . The Lessee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs from the Lessee's activities , the Lessee shall be liable to restore the damaged resources. c . The Lessee must obtain approva l in writing from the District Engineer before any pesticides or herbicides are applied to the premises. 12 32. ENVIRONMENTAL BASEL INE STUDY An Environmental Baseline Study (EBS) documenting the known history of the property with regard to the storage , release or disposal of hazardous substances thereon is attached hereto and made a part hereof as Exhibit E. Upon exp iration, revocation or term ination of this lease , another EBS shall be prepared which will document the environmental condition of the property at that time. A comparison of the two assessments will assist the District Engineer in determining any environmental restoration requirements. Any such requirements will be completed by the Lessee in accordance with the condition on RESTORATION (Paragraph 20). 33. HIST ORIC PRESERVATION a. The Lessee shal l 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 antiqu ity . In the event such items are discovered on the premises, the Lessee shall immediately notify the District Enginee r and protect the site and the material from further disturbance until the District Engineer gives clearance to proceed. b. The Lessee shall not engage in any construction, alteration, demolition, or ground disturbing activities on the premises, inc l uding activities engaged in pursuant to a Development Plan, un less such activities have been reviewed and approved by the District Engineer in accordance with the requirements of the National Historic PreseNation Act of 1966 (16 USC 470, et seq.). The Lessee shall be responsib le for all costs, and any actions directed or required by the District ·Engineer , which are associated with the National Historic PreseNation Act review process, or other applicable law. 34. SOIL AND WATER CONSERVATION The Lessee shall maintain, in a manner satisfactory to the District Engineer, all soil and water conservation structures that may be in existence upon said premises at the beginning of, or that may be constructed by the Lessee during the term of, this lease, and the Lessee shall take approp riate measures to prevent or control so il erosion within the premises . Any soil erosion occurr ing outside the premises resulting from the activ ities of the Lessee shall be correc ted by the Lessee as directed by the Distr ict Engineer. 35. T RANS IENT USE a. Camping, including transient trailers or recreational vehic les, at one or more campsites for a period longer than thirty (30) days during any sixty (60) consecutive day period is prohibited . The Lessee will maintain a ledger and reservat ion system for the use of any such campsites . 13 b. Occupying any lands, buildings, vessels or other facilities within the premises for the purpose of maintaining a full-or part-time residence is prohibited, except for employees residing on the premises for security purposes, if authorized the District Engineer. 36. COVENANT AGAINST CONTINGENT FEES The Lessee warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Lessee for the purpose of securing business. For breach or violation of this warranty, the United States shall have the right to annul this lease without liability or, in its discretion, to require the Lessee to pay, in addition to the lease rental or consideration, the full &mount of such commission, percentage, brokerage, or contingent fee. 37. OFFICIALS NOT TO BENEFIT No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of this lease or to any benefits to arise therefrom. However, nothing herein contained shall be construed to extend to any incorporated company if the lease be for the general benefit of such corporation or company. 38. MODIFICATIONS This lease contains the entire agreement between the parties hereto, and no modification of this agreement, or waiver, or consent hereunder shall be valid unless the same be in writing, signed by the parties to be bound or . by a duly authorized representative; and this provision shall apply to this clause as well as all other conditions of this lease. 39. DISCLAIMER This lease is effective only insofar as the rights of the United States in the premises are concerned; and the Lessee shall obtain such permission as may be required on account of any other existing rights. It is understood that the granting of this lease does not eliminate the necessity of obtaining any Department of the Army permit which may be required pursuant to the provisions of Section 1 O of the Rivers and Harbors Act of 3 March 1899 (30 Stat.1151; 33 U.S.C. § 403), or Section 404 of the Clean Water Act (33 U.S.C. § 1344). 14 40. TERMINATION OF PRIOR LEASE Execution of this Lease is intended to ·replace, and effectively terminate, Lease No. DACW68-1-98-30, which was previously entered into by the parties on August 25, 1998. 41. CULTURAL RESOURCE STIPULATIONS Cultural Resources Stipulations ("Stipulations") are attached to this Lease as Exhibit F and incorporated herein by reference. Lessee's cultural resources roles and responsibilities under this Lease shall be governed by the Stipulations and applicable laws or regulations. The Stipulations may be amended by the District Engineer, after consultation with Lessee, if necessary to comply with applicable laws or regulations. 42. PESTICIDES a. The use of any pesticides (insecticide, herbicide, fungicide or rodenticide) on outgranted lands or waters shall be in accordance with all applicable Federal, state and local laws, rules and regulations. The Lessee must obtain approval from the District Engineer before any pesticides are applied to the premises. The Lessee shall report actual usage of pesticides in the previous year and anticipated usage of pesticides in the upcoming year on the Pest Control Plan attached as Exhibit G-1 and G-2. The reports will be forwarded not later than January 1 O of each year to the address identified below . Usage reports will be reviewed by the District Pesticide Coordinator and shall be considered approved unless the Lessee is notified otherwise . The form may be reproduced as needed. b. The Lessee shall be responsible for the control of all noxious weeds within the outgranted area in accordance with all applicable Federal, state county and local laws, rules and regulations. Within seven (7) days after each application or treatment with any approved pesticide, the Lessee shall complete a pesticide application record (NPW Form 178). A copy of NPW Form 178 is attached as Exhibit Hand may be reproduced when needed. Said form shall be mailed or delivered to: Resources Manager Ice Harbor Lock and Dam Project 2763 Monument Drive Burbank, Washington 99323 15 IN WITNESS WHEREOF I ~ve hereunto s!1f fY ha[1d by authority/direction of the Secretary of the Army this i✓ t I day of ; (,,,/ er--, ·· , 2004. EDWARD J. KE , JR. Lieutenant Colonel, Corps of Engineers District Commander Walla Walla District d{ 7ft '7 day of Mayor City of Pasco, Washington 16 ACKNOWLEDGEMENT STATE OF WASHING T ON ) ) ss COUNTY OF WALLA WALLA ) On this day personally appeared before me GhJJii rd J · l?rh·5 1 }1---:, to me known to be the Commander, Walla Walla District, Corps of Engineers, who executed the within and forego ing instrument, and acknowledged that he signed the same in the capacity above stated by authority of the Secretary of the Army and for the uses and purposes therein mentioned. Given under my hand and official seal this ;;Jf;~ay of )i(,tJJ. r!.-~ , 2004. (SEAL) Notary Pub lic in and for the State of Washington, residing at uJL1./__tc l6) t.JJ..,U-..._ My commission expires on --'-I I-'-/;_,· t ...... A-'-t_f __ _ I 17 CERTIFICATE OF AUTHORITY I, Gary Crutchfield, certify that I am the City Manager of THE CITY OF PASCO, WASHINGTON, that Michael L. Garrison, who signed the foregoing instrument on behalf of the grantee, was then Mayor of THE CITY OF PASCO. I further certify that the said officer was acting within the scope of powers delegated to this officer by the governing body of the grantee in executing said instrument. Date THIS INSTRUMENT PREPARED BY: , Realty Specialist U.S. Army Corps of Engineers Walla Walla District 201 North 3 rd Walla Walla, WA 99362-1876 509-527-7324 Cl I REVIEWED FOR LEGAL SUFFICIENCY BY: Aw~ -AOBERT D. ESKILDSEN, Attorney 509-527-7322 18 ..., AMENDMENT NO. 1, DEPARTMENT OF THE ARMY LEASE NO. W912EF-1-04-13 TO THE CITY OF PASCO, WASHINGTON FOR PUBLIC PARK AND RECREATIONAL PURPOSES Levee 12-1, The Pasco Boat Basin on McNary Lock and Dam Project Franklin County, Washington WHEREAS, on March 26, 2004, the City of Pasco, Washington, grantee, leased a continuous land area in Franklin County on the McNary Lock and Dam Project including portions of premises Tracts XX-3457 and XX-3461 and all of premises Tracts XX-3458 and XX-3459, known collectively as the Levee 12-1 Pond, for Public Park and Recreation purposes; and WHEREAS, in a letter dated November 5, 2004, a copy of which is attached as Exhibit I, the grantee requested that the lease be amended to remove the 12-1 Pond from the leased premises due to management of the pond's odor and acknowledged that if its use or improvement is desired in the future, that an additional amendment will be required; and WHEREAS, the requested amendment to the lease will not conflict or interfere with nor adversely affect the operation of the McNary Lock and Dam project for its authorized purposes; NOW THEREFORE, effective on the date of execution of this amendment by the Chief, Real Estate Division, Walla Walla District, Corps of Engineers, Department of the Army Lease W912EF-1-04-13 is hereby modified in the following particulars, but in no others: 1. Waters and lands of the Levee 12-1 Pond, at and below normal surface elevation 330.5 feet mean sea level, National Geodetic Vertical Datum of 1929, as shown in Exhibit J, are hereby removed from the lease area. 2. Removal of the pond from the lease shall in no way relieve the grantee from any responsibility for operation and maintenance of the recently installed 470 linear feet of 78-inch perforated pipe and its appurtenances that discharge into the Levee 12-1 pond. In all other respects, the covenants, provisions and conditions of said lease shall remain in full force and effect. IN WITNESS WHEREOF I h~vt4reunto set my hand by authority of the Secretary of the Anny this day o~ ~~ RICHARD CARLTON Chief, Real Estate Division Walla Walla District, Corps of Engineers This amendment to Department of the Army Leas~k2EF-1-04-13 is also executed by the grantee this 3 ~-day of r' , 2005. CITY OF PASCO ST ATE OF WASHINGTON ) : ss. County of Franklin ) On this day personally appeared before me MICHAEL L. GARRISON, Mayor of the City of Pasco, Washington, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned . · ~EN under my hand and official seal this .3fldday f (}:;fr)~r , 2005 . . )~~/ :i, .-,1~ ~ ...... •.'<;('(j NO! :(fJ -- ,n p [) l' ., / ..,~~ ,, ,' ~/i~ ~~ •. }'.'-!-,..0 S , '.), 0 o~~~-:, ,. .. · .• e of Washington Residing at: ___ ...__,"-"""-.=-a"--=--=-i---=--- My Commission Expires : __ ........,r->-«_,_O_.__ __ _ STATE OF WASHINGTON ) County of L<)o ~G LJa.\\~ ss. On this day personally appeared before me Richard Carlton, Chief. Real Estate Di vision, Walla Walla District Corps of Engineers, to be known to be tbe individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the sa me as his free and voluntary act and deed for the uses and purposes therein mentioned . GIVEN under my hand and official seal this ~day of (r)c:!ob, 2005 . ..___---, I . NOTARYP Residing at: _....,,""-"=-'--"""----""'~~-l--l-'"'l-c--t=="""'=...1......1'-=i- My Commission Expires : --->c~µ..a.~-+.--b~~s::--- CERTIFICATE OF AUTHORITY I, Webster Jackson , certify that I am the City CJ erk of the City of Pasco, Washington that Michael L. Garrison , who signed the foregoing instrument on behalf of the grantee, was then Mayor of the City of Pasco . I further certify that the said officer was acting within the scope of powers delegated to this officer by the governing body of the grantee in executing said instrument. Date October 3, 2005 CITY l\ti..Al.'TAGER (509) 545-3404 / Scan 726-3404 / Fax (509) 545-3403 P.O. Box .293 (525 No.r:th 3rd Avenue) Pasco, Washington 99301 Richard Carlton, Chief Real Estate Division Vl alla Walla D i strict, Corps of Engineers 201 North Third Ave. Walla Walla WA.. 99362-1876 Re: L ease No . W912EF-1-04-13 Dear Mr. Carlton: November 5, 2004 t Dr-ts R'.Gceived ! I i '.' I 0 1..f l .. Chi<.~f. F.e:::ii Estat-3' I .l\cguisifon .-! ?fa .1 ~ .in r :ir;(~ ;:~.-/-;~r-:·_; ~.1: ; i f~·.J(21 ::·f,:).:3.-:·.-·:; __ './ ___ ,. ,-- ; . ' ·-~ .:.:-: . ___ ..._ ..• ' --·-. I The City of Pasco hereby requests an amendment to the referenced lease to delete the 12-l pond (see attached) from said lease. Prior to the execution of the lease , when the city received complaints from citizens regarding the unpleasant odor emanating from the pond (presumably due to unchecked growth of algae), the Corps responded with efforis to mitigate the nuisance. Tlrroughout the several years of discussion regarding the potential conveyance of the TTi-Cities lev ee to local jurisdictions, Corps officials made it very clear to all of us involved that the Corps would retain entire control over the drainage system associated with the levee. Indeed, WRDA 96 stipulated as much. When ,,·e forwarded citizen complaints about the pond odors this smmner, we were surprised to learn the Corps' position was that the lease p lac ed responsibi lity for the pond in the hands of the ci ty . While the lease is apparently silent on the specific duties of the lessee and lessor with respect to the pond, the city had maintained throughout lease negotiations the same understandings of Corps responsibility for the drainage system that had permeated all discussions prior to that time. As a consequence, key city staff met with Corps personnel at the pond on September 23 to view and discuss the re levant circumstances. The conclusion of that discussion was the best way to deal with the conflict would be to amend the lease to delete the pond; that amendment would clarify that it is not included within the property ]eased by the city. We understand that, if the city desires to improve or use the pond in t he future, we will need to amend the lease to add the pond. Richard Carlton, Chief: Real Estate Division November 5 , 2004 RE : Lease No. \V912EF-1-04 -13 Page2 Please initiate the process necessary to formally amend the lease to reflect the ''meeting of the minds" arrived at during the on-site discussion with Corps personnel on September 23. GC/tlz cc: City Council Stan Sti:ebel, Administrative and Community Services Director attachment L LLLLL LUL LLLLLL6- LL LLLLL LLLLLLL LLL LLLL I · I Section 31, Township 9N, Range 30E AMENDMENT NO. 2 , DEPARTMENT OF THE ARMY LEASE NO. W912EF-1-04-13 TO THE CITY OF PASCO, WASHINGTON FOR PUBLIC PARK AND RECREATIONAL PURPOSES Levee 12-1, The Pasco Boat Basin on McNary Lock and Dam Project Franklin County, Washington WHEREAS, on March 26, 2004, the City of Pasco, Washington, Lessee, leased the premises indicated in Exhibit B of said lease for public park and recreation purposes; and WHEREAS, on October 7, 2005, Amendment No. 1 of the lease removed the 12-1 pond from the premises; and WHEREAS, the City of Pasco has requested an addition to the premises including Tracts XX-3452, XX-3451 and the remainder of Tract XX-3460, said remainder not included in the premises of the original lease; and WHEREAS, the requested amendment to the lease will not conflict or interfere with nor adversely affect the operation of the McNary Lock and Dam Project for its authorized purposes; NOW THEREFORE, effective on the date of execution of this Amendment by the Acting Chief, Real Estate Division, Walla Walla District, Corps of Engineers, Department of the Army Lease W912EF-1-04-13 is hereby modified in the following particulars, but in no others : 1. Exhibit K and Exhibit L, attached hereto and made a part hereof, show the area added to the premises by Amendment No . 2. 2. The Lessee's plans for lowering the portion of Lev;e 12-1 passing through the premises are approved as of December 14, 2008. ffuring construction, the Lessee shall ensure that the project area is watered as needed to control dust, storm water barriers are present and all rip-rap reused on the levee is placed, not dumped. ' 3 . The Lessee will provide information on any proposed interpretive signing on the premises to the District Engineer for review and comment. The information will, at a minimum, include proposed location, wording and sign design . In all other respects , the covenants, provisions and conditions of sa i d lease shall remain in full force and effect. IN WITNESS WHEREOF I have hereunto set my hand by authority of the Secretary of the Army this S: day of J11Mt.,,L. 2008 . J.8RINLEE Acting Chief, Real Estate Division Walla Walla District, Corps of Engineers This Amendment to Department of the Army Leas~ No. W912EF-1-04-13 is also executed by the Lessee this l':'l day of teb,--vo.ri , 2008. Mayor City of asco, Washington CERTIFICATE OF AUTHORITY 1, J)aoA...J\ t l.<..&t1.,,1t ,certifythatlamthe CtT'1 CLE:,LK,, of THE CITY OF PASCO, WASHINGTON, that :Jb'[c.e-Qt..SoJ..,) who signed the foregoing instrument on behaif of the grantee, was then M~'f o,lL of C., r:-, oC-p AS Cb 1 further certify that the said officer was acting ' within the scope of powers delegated to this officer by the governing body of the Lessee in executing said instrument. Date o · I ~ • o 8> ACKNOWLEDGMENT STATE OF WASH I NGTON ) COUNTY OF WALLA WALLA) ss On this 54:h day of COeurcb I aoo ~ 1 before me the undersigned Notary Public, personally appeared JANA L. BRINLEE, Acting Chief, Real Estate Division, U .S. Army Engineer District, 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 and for the purposes therein contained . I N W ITN ESS WHEREOF, I have hereunto set my hand and official seal. e-rerw· L. PeJiNwn Notary Public My Commission Expires: ACQUISITION ~ACT REGISTER AOR c...a.GE LANDOWNER F.EE TRANS. A5Ullllf'I LICtHII X>C-:-'3◄50--! lltlv1r T1rmlaol1 OOftl,llll'OY· * ;::::~ :,t~ = ::::· tt ol · x :-::-3 ◄" XX-34.!ia l<:X-3457 )Ot·3◄ 5e ICX•l ◄59 xx-:,41;0 xx-,◄61 xx-~,2 )CX •J4S3 ""01tMmftoelfl■flcll...,...Co. Cil of Pa,eo 11 at E.T. Ch -arctwnon 11 111 Hllr"' U1tdtn 11 W111° H1rihe1r,Poelftc Flow;. co. CII of -tcllflll E. H. Go,bull 1!11~ Gto. J; VD,o,;1 o ~l.ll J.H..8111 f.•U ttVI c.1.,,ac; .. ,,... ,1,.. .J.W; f"•ft.Dlll 1t 1iUI fho"'" E'hMffl• .tux --V, Vo'llltll . XX-3471 -1-1, .. , KawDl!llo 11 -.,). XX-3'4-T2 t o1 :ioc-s•n . L.1:a.1u-1r11J XX.-3474 . .tollft HO>tri Ofl ,t "111 bcil Cf>o t ln Tl11doll •I UJ ff.A, Howorrti II I.Ill. -,or-J•ilU ----· · ---,.., JtX•34,tli! ii 'XX.-34t1Hf ,.,,. .. , PHi:o ,t al. -N XX-l4~-2:~ ~.oft of PICll<:O 1t at I··- J .Jl!D . ,,:,o 0,04 • 15.1!10 1.20 2 .!10 I.JO o.- 0 .70 0,10 1.00 o.,o o.oo 0,04 o.o, • l.•O .... ~I.I •• ~ ;;.; ~? ',, ,:/ ', / , ~ "-~+ 0 +wtf .if" .., ... "''9,, / ,/ 0 .04 t.50 D.01 0 ,11 . , / . ~-;, f>FERRE T 'S REMARKS .. ,. ~:1.+,11,11. .. , lll", .. ,.,T..41 NOTES: !>N'tOUR 1ndiootes 0/\ elevofton 5 (tet obov-e- ;.~1,r profilL · · S£GMENT "ww" 42 1,1 u.1,ou;,.1 '1,lN,l'fT,fl ;se referred to·the Woshin9ton Coa,dinotr. S~:sttm, lltio,._ to ~ll'CO recCKdod ln Vat 9 1 PGg• .... , ?lol R,e,oo,-d s. lro11t Addition 10 Poieo nK.'$)f'de-d lri Vol. B, Po;~ M, ..... oppron<I 5Mot 1951. .Inv Linc APprOv4d II Morch 1952 liM indlcclu thlll apprmtmclc normal opuclll\9 pc!>1 °e l•11allon. (19 Line AppM!lld S Febt D<I()' 1~54 ltr•<l . _____ Elllilk ____ .. PROJECT MA.P AGENCY:_ DEPT. OF ·.HIE ARJ,l'f:.'_ STATE --~-"S.!:!J!iGJQ;. ________ ;__.,. COU>J'TY _ _l:!'!~.ti.!.<bltl -~---·-------. OIVISION_!!!'£RI!L~£!1f __ ~--___ _ DISTRICT _Vf.o\.Lb~ .Y'.P-J:.b~-------~-- ARMY AREA _S.vQ'J;L, -LOCATION OF PRQJECT-· . . J _2_ MILES.ti~-OF-~~~R,:!'_2~~fil __ ,";;;;_ MI LES=-OF --E~§.'<,Q. ______ 7-- -TRA_NSPORTATION FACILITIES;....: RAILROADS ---~f_liY. •• -------~.--~ STATE ROADS ______ .:, _________ a_ FEDERAL ROAOS--------------- AIRLINES ----r-----------:-----7 -ACQUISITION - TOTAL ACRES ACQUIREl?------ ACRES FEE---------------'---~ ACRES TRANSF'D TD WAR '·DEP'I'. ______ _ ACRES LEASt:D TO WAR OEPT. _ .---___ . ACRES ·LESSt'R INTERESTS '. -DISPOSAL-· TO'rAL ACRES DISPOSED OF --~---• ACRES SOLO 8V WAR DEPT,-------.--··. ACRES TRANSf".O BY .WAJ!'-0£PT.' ___ ..:. AC:RES RETRANSF'D TD GOV"!: AGC'f, _____ . ACRES LEASE$ Tl!:RMINATED --,------,, ACRES LESSER JNT's. T_ERM. ~.:.::.. --~- -. .-LEGEND·-. - NOTE , USE $Yl!BOLS ·.FROM FM~·ltl•3!)· /wA!' · . qEP~ B~\C F!i:t.D MANUAL) ~GES: .el_.TO U:U!IQ,· EXCEPT "ESERVATION LINE --0 -,-~ RESE/lVATION LINE""""•""""';~ OAM S~£ ltl.«UHI 1;1111:)--:----~-E::::EI; RESERVOIR SITE l't utuH ~,Mr)~--~~· .------,.,....---------l CON TOUR LINES-.--.. --.------=.· .• ,• ... ·:' ACOUISIIION AUIHOB JZATtQN ~ d-1":1"111~·:~,r.0X1~~•a.tl. ~=•Hita:. [~,l~~r .~•:'"~z:i1/;h~;,.~r:~11 y DISPOSAi..-•------.----:_ __ :.~ . ,• ., :::-{~'ti~c:~ ~?j~~~~~=•~~t;! ,%D Ac,su,,;11,oll 01 Tf4(1 le:X -!,◄l!,l 11o11Mtlt1,d by Ii? th In'" dof-.d 2:2.~ 1'964 fr'ffll ~ to OCf: TRACT NUMBER ---.---------~@ REVrSI ONS ' DAT£ DEPA#n'MENT OF THE AAMY Ol"f'IC( or THE ·w.\Ll..6. Wti.LU DISTRICT h 1ClN~£R NORTH RACIFIC DIVIS ION DRAWN 8Y•~ mACE.0 8't'•~ .REAi.,' ESTATE McNARY COLUMSIA · RIVER, OREGON 8 WASHINGTON · SEGMENT "XX" . LOCK AND DAM ~ -,'• ,r • .f -~ ~:,•· •,:. ~. ~~GR.&_Y~V ::;n ~ ;--~ t ~- / I AMENDMENT NO, 3, DEPARTMENT OF THE ARMY LEASE NO, W912EF-1-04-13 TO THE CITY OF PASCO, WASHINGTON FOR PUBLIC PARK AND RECREATIONAL PURPOSES Levee 12-1, The Pasco Boat Basin on McNary Lock and Dam Project Franklin County, Washington WHEREAS , on March 26, 2004, the C ity of Pasco, Washington, Lessee , leased the prem ises indicated in Exh ibit B of said lease for public park and recreation purposes ; and WHEREAS, on October 7, 2005 , Amendment No. 1 of the lease removed the 12-1 pond from the premises: and WHEREAS, on March 5, 2008 , Amendment No. 2 of the lease added Tracts XX-3452 , XX-3451 and the remai nde r of Tract XX -3460, said remainder not included in the premises of the original lease ; and WHEREAS, the Lessee has requested an addition to the prem ises including that portion of Tract XX-3478 not orig i nally leased and Tracts XX-3479, XX-3481 , XX -3482, XX-3501, XX-3502, XX-3503, XX-3504 . XX-3506 , XX-3507, XX-3508 , XX-3509, XX -3511 , XX-3512, XX -3513 , XX-3514, XX-3516 , XX-3517 , XX-3518, XX -3519 , XX-3522 , XX-3526, XX -3527, XX-3528, XX -3530 , XX-3584 and XX -3628 ; a nd WHEREAS , the requested amendment to the lease wil l not conflict or interfere wi t h nor adversely affect the ope ration of the McNary Lock and Dam Project fo r its authorized purposes; NOW THEREFORE, effective on the date of execution of this Amendment by the Act ing Chief. Rea l E state Div ision, Walla Walla Distrfct , Corps of Engineers, Department of the Army Lease W912EF-1 -04-13 is hereby modified in the following particulars . but in no others: 1. Exhibit M, attached hereto and made a pa rt he reof, illustrates the area added to the premises by Amendment No. 3 . 2 . Exhibit N, the amended invent ory and condition report. attached hereto and made a part hereof, reflects addition of real property improvements at the Road 54 boat la un ch area . 3. In accordance with F inancial Accounting Standard 13 (FAS 13), and by accepting this lease amendment , 1he Lessee accepts financial accountability of the following real property improvements: road, upper parking lot, lower parking lot , boat dock and boat ramp. Financial documentation for the real property improvements will be provided to the Lessee under separate cover at the time of execut ion of this amendment by !he government. 4 . The Environmental Baseline St udy fo r the additional area to be added to the prem ises is attached hereto and made a pa1i hereof as Exhibit 0 . In all othe r respects , the covenants , provisions and cond itions of said lease shall remain in fu ll fo rce and effect. IN WI TNE SS WHEREOF I have hereunto set,D7y hand by authority of the Secretary of the Army this _J._j_. day of _J :.!.J__, 2009 . ( Ji///~~(-~~ TO-DD L. CZARNECJ<I Chief, Real Estate· El'iv1s1on Walla Wal la District, Corps of Engineers This Amendment to Department of the Army Lease No. W912EF-1-04-13 is also executed by the Lessee th is ._ . -;, day of .._ /,.'. .__ / , 2009. JOYC&O , ON Mayol · C ity of Pasco, Washington 2 CERTIFICATE OF AUTHORITY I, _-Dt&RI) l C t M,c__. cert ify that I am the C, 1T:, C 1 f R.k, THE CI TY OF PASCO , WASHINGTON . t hat J'c.i y c € C>t.so~ of who signed the foregoing instrum en t on behalf of the grantee, was then l"'lfl '{ OK, of C. n 1 o ~ PA 'S ( u further certify that the sa id offi ce r was acting with in the scope of powers de legated to thi s officer by t he governing body of the Lessee in executing sa id instrument. Date 7 Co ·C..F\ ACKNOWLEDGMENT STATE OF WASHINGTON COUNTY OF WALLA WALLA) ss O n this .d.~ day of __2'~ __ , J.co q , befo re me the un ders igned Notary Pub li c, personally appea re d TODD L. CZARNECKI Ch ief, Real Estate Div ision , U.S. Army Engineer District, Wa lla Wa ll a, Washington . known to me ·to be the person described in the foregoing instr ument , who acknowledged that he executed the same in the capacity the rei n stated and for the purposes therein contained . IN WITNESS WHEREOF, I have hereunto set my hand and offic ial seal. ~£P~ Notary Public My Comm iss ion Expires : Ja.n . 14, dO I~ 3 -APl'~OX. O.II01H.l.Jl.'I' ~lcn \t.i::i1:CA L..JU:~ Co I ~ 1!1.N ~~.V;t.'P0'----------1 ~I -~"-~-3.t:'~ Vlc,;;,,·r MA,-I 6 Q 11, 12 ~ .NI Lt~ T 9N.,R.29E.W.M. CONTROL CONTOUR {APPROX. EL. 358.dl-.......,, • ----------~ -I \ , Jo94 Bock,.,alerProfile•,__ __ _, l---<;,,.-.,J ~ I u ?!lb tt o I?,: /J/ e r--------,__ r I ' fa• sur,o;irl)\ ;l----1 1,,!-..=',--,J ~ ~~ , \ (» ~ '~ As ~-!i ~· ~ 4,~' ft 3.30.34.0,'71' 1:l:,le2):MA.!J ·-~ ( i'.~ti\iT♦ 1iil30.Ul,f-' 11,)42:,774 • (l) Thi• dro.,inQ uunticl~ complotod prior to o c E mopplnq procedure In !ot10f cl IS October 1951. No QMOrlll revl0<0n Plonnod biOOUH· of uoJUO!itlobl eir,pmuire. · h ):00,;:•"4:t~_ Lt:ase Tract 0 .I ' [ ExhibitM ) LINE OF ~,EE 1'2. -..../ ~' ., ... t.!Ur •4',•1a.n PIER.RET 1S SUBDIVISION OF · _Fll V~RJiAYEN -. ·~~-~ ~ ' .. ·• r "" J'• .,ff-5CO•J[4:;,E"t -C JC / HGH'l"t.V!IJOf'C. "' ' \\ :::~~.\ PJERRH'S Lease Traci 0 Levee 12-1 ~ k~~s~ !.~~t~~,:ta c;~:!:d,~: !11·~~1:~ ~~:~:~~:r:1:~·t~~; ;h0,·:t~J;: flho s,,, ~V1~) ttnrrl~1 t o !ht U.S. ,:i i:upthOI flowoq t £.u,- tllti'II I~ r ltvollo ~◄c'M.SL.. (Rtlu::.C.nlr•ct Ct.◄5 •1.•4-i:•1·130 1 lklllol'I XXJ'°'71I f~~ OJC 1e•u lu C-041nJI: .,~ Gli-e • c:. Lu t.,. Q.C ,O tt~. 2~ hrl, l~(;C, ( ·E~hib0it•Ml J . AMENDED IN VENTORY ANO CONDITION REPORT INSTRUMENT: Lease No. W912EF -1-04 -13 TERM : Fifty (50) Years, Expiring March 23, 2054 GRANTOR: Departmen1 of the Army , Corps of Engineers GRANTEE : City of Pasco, Washington This Amended In ventory and Condition Repo rt wh ich shall be attac hed to and become a pan of the above -described lease is agreeab le to both parties hereto as reflecting the co ndi tion of the li sted property at the ti me cust od y was assumed by the lessee and as covered by sa ld lease. G~-R CRy Man ag , hl ngton .Jt-r4{ f ( AA--A' /r-- TODD L.CZARNEC::KI Chief, Real Estate Div is ion Walla Walla District US Army Corps of En gineers Date : 7 / J:-:frf l r r · [ Exhibit N] OUANTJTY IN V ENTOR 'i AND C O NDITI O N REPOR T ROA D 54 TO RO,\D 39 CITY O F P:\.SCO L EAS £ NO . W912EF-l -04 -13 ITEM A-"1D DESCRIPTJ O.\: CONDITION Boat Ramp Two ramps, one on eacb side of the dock; each is 16 ' by 112'; concrete; sir,ns Boat Dock Consists of three ~ection~: .:.) abutment and walkway, 6' x 30', concrete; b) gangway, 4' x 36 ', aluminum ; c) dock, 8' x 90', polyethylene Ooor, wood/polymer composite decking; signs; five piles Bike Path 20' x 5,280'; paved , with markings to separate pedestrian traffic from other traffic; fence ; culverts; bollards ; benches; tra~h receptacles Road 30 ' x 275'; paved; curbin g; signs Good Good Good Good Lower Parking Lot Good Paved; (3) vehicle-trailer parking spaces; (J 2) vehicle parking ~paces ; (2) handicapped vehicle pll r king spaces; signs, including an .-\DA parking sign; curbs; storm water d r ainage system Upper Parking L-0t Good Paved; (1) vehicle parking space; (2) handicapped v ehicle parking spaces ; curbing; ~to r m water drainagt system ; signs, including an ADA parking sign . (Only a por tion of this pai-king Jot is on Corps land; the remainder is on Franklin County land and t h ey retain ownership.) Sanitar,' Sewer Good 170' -~r PVC pipe, runs under t he road. with clean out location (sew er service for foture restroom). ID# \1Cl\'- 1218 3 12 182 1218 7 121 84 1118.S 12186 12188 l !\'VENTORY A 'D CO:l'\DIT I ON'S REPORT (CONT) ROAD 54 T O ROAD 39 C IT Y OF PASCO LEASE NO. W9J2EF-1-04-13 QUA'.\'TI TY ITEM AND DE')CRIPTION CONDITION ID# MC!'i- IUumination System Good Three metal light poles with electric 100 watt HPS luminary; wiring; 1.5" PVC conduit. One pole is located fo the upptr parking lot and the other two are locared in the lower parking lo t. Irrigation System Good 5,280' of PVC conduit.; irrigation rault; 43,360' of PVC pipe; rotors; conirol panel We, the undersigned, agree that at as of the date of this document the above listed property is owned by the Government and is in the conditiun a~ indicated. c~ ;,"~-¾ Bv: I----✓-~ Richard Terway Corps of Engineers ''i . ,;-· "'\' \ : By: \ ;,, .• :x, , J · ~ ~ Paul S. Shampine Admin. & Comm. Services Director Realty Specialist I, \ \ " "'.\ Date: ,,-,"'t· 1 -d,~- 2 12189 12190 ••I,·., ..... ...... -I J: '..l; Sl1'11 cLJ1 ..-:T)'pc: ., , . .';I\A''J- k.ar·.trv. r ~._-,.\;JT ~ r ~or,.,:;1..., I :.,:,11 ~ '-.\j,. • St:ve b,,rr Tyr,e:. ~ ~:· r ~.,. p, L1t,tuG,c,; lonoiNdr: ... :-., .... is,:,..._. .: U .k -c • tv ..., C o ----.----------·---------- Lc~itlillD: L.oa•.•o r · r• ··~ !I,( i!O.,..i L '' .. ,;:,-..-"i:/. .~tlu~:-Vn: Ty,•t: ~ ")il.7 :.""'~r Ri:u'hl ""'~ •· .. :.:."'!~c~ f-e_e'l.;·c.,!1 i;",t,1..·v ~,,rAf,_."'""'-,rw;.y.~x ::· t.) :·i f ~.::::·:,·.~~~-,. -,.~-~-'ii:"~:fi cr~~~ ~-~~; ~~iL~~-;;~_/;~~~-_;,cE •i ~~Lw f"•-:.,:~ .' .1., "E 1,.r AI.O{• 'V" w-••H;;'Ff ~lt ·"'~"' l'OJ! rty Rcm1~k\: _., .... ~~ :"J.•,,: T\'•"",L:..!,: ~L~;-,!,, "'(; ! l.o~it1.1 1n : l~t:t1 Fi!Jl.(l'),Cf,,'H 1: . I, ~lf\lc !1.m Typc ; l( ;,;~ t ,,,_. •-~-.:G . 0 ~--Mairt.,11 :• ' .• lRI .ER?;,'t,t. ~ o "'':; : "t~ ;:f:•-'J•.~~ .r.c-·, J:; • l 1.~.1,. !~•,,;. : 'P.11,;,••.1:,r-,1.(; • ·:: •~,::~(.:if,,.:;J'-1':.i ;,,"'•· •;---: c. ·, ,: S • \.l 'r-,, 1:11 • tA .,_, .. 'S rS;"r' S11.ic:1..,rc 77;::: ,., . ·/=(-ti- ~ ... c: ') ,. f.1ruc:tvf"l! 1~~: ll-;.,t<--;.J,,.,,-. lC',' R.~ma·ka , L:ati\.,rde : Long,t.:cri; r,; ~•).t ..,..I 'G!i~i.lR~•N':'. ~"1/t,>Gt-SvSill,l ,&lV.,1 -.,,1:f J.,..--.r, ,.,_ ~ >"l.,: "'"H" · •• E: ,.!•"~Gsr .. :s.. ;1 ~ •:..1..·,,,c,, ,_-c1-•, • J,I ~ •• M.r~.FC.:tf" ~-Ol'T, ~ -,.ni,c\'.Gl'" .. • • J 1'"! u,c. ~r(P 0.oJ , v :.:· C·,~.:-,,1'L!l'\C'-C'.'•.TYl>• :1-.,,. ~t (<j:-;,:. C .. "'. •., -- Suv~ i..rti Nc:i : IJ!'o~''-L1t:fUC11": Lor.gihn•,;: L1 '" or , ,(C•.J •• :()ATV,.\'~ A, /o S1n.:c:1un lypr-· .'.I ti• .q "'-t; 5 :!S ltJI. .. - :l 'n,cLn,;: Typ •· •1" , 1 ~ ... ,·, rt:. Rc tt....li n -; L,m uci1 , :.tmt tud t : ... ,. · ~ v c .;,. "?tf''i1t.·.:: ~..,L , .. ). •,'(lf J. c ~~•, 1or'"'r ,rr-1 '' I ENVIRONMENTAL BASELINE STUDY FOR PROPERTY INSPECTION AND RECORDS EXAMINATION (EBS) RECOMMENDATIONS: X ACOUIRE/DISPOSE/TRANSFER/OUTGRANT PROPERTY AS IS ACQU I RE/DISPOSE/TRANSFER/OUTGRANT PROPERTY WITH CLEANUP OF SOLID WASTE ACQUIRE/DISPOSE/TRANSFER/OUTGRANT PROPERTY WITH CLEANUP OF HAZARDOUS MATERIAL OBTAIN PHASE I/PHASE II ENVIRONMENTAL AUDIT ( Exhibit O ) PROPERTY INSPECTION CHECK LIST FOR ENVIRONMENTAL BASELINE STUDY (EBS) Prciec1 Name : McNary Lock and Dam Project Sile Name : Franklin County WRDA Lease No. W912EF-1-04-12, Road 54 to Road 39 & Road 39 to US 395 Btidge legal Oescrip11or : Portion of Sections 25, 26 and 27, Township S fllorth, Range 29 East. Government Tract Nos .: XX-3479, XX-3482, XX-34B1, XX-3501, XX-3502, XX-3503, XX-3504, XX-3506, XX-3507, XX-3508, XX-3509, XX-3511, XX-3512, XX-3513, XX-3514, XX-3516, XX-351B, XX-3517, XX-3519, XX-3522, XX-3526, XX-3527, XX-3528, XX-3628, XX-3530, XX-3584, XX-3529 E nvironmental Conditions Observed : NO I YES a X I Suspect/Unusual Odors b. X I Discolored Soi l o r Waste C. X I Discoloration of Water (i I X Distressed/Dead/Unusual Lack of Vegetation e. X l Abnormal Moundin g f X I Area(s) of Depression g X I other: II Other Observed Features: NO I YES a I X Building/Struc1ures (Active or Abandoned) b X I Suspected Asbestos C. X I Above Ground or Underground Storage Tanks d X I Landfill s e X I Surface Impoundments f X I Underground Injectio n Welts ~ X I DrumsJContainers/Hazardous Material Storage Areas h . X I Lagoons (Wastewater or Hazardous Waste) X I In cinerator I X I Waste Piles/Disposal Sites/Pools of Liquid k X I Oil-fi lled Electrical Equipment/Transformers I X I Standpipes, Vent Pipes, Etc, Coming out of the Ground rn X I Unexploded Ordnance 11 , X I Industrial/Commercial F acifities 0 X ! Wastewater Treatment Plant p ' X Discharges to Surface Waters or Drainage Ditches Type: See further explanations, page 6 . Q, X Potenlial Environmenta!/Agricultural Problems an Adjacent Land r. X Access (road , trails, etc.) s X Telephone/Power/Pipe Lines 1 X M ining/Logging/Grazing Activity U . X Sick or Dead W ild life or Domestic Animals V X Other: PROPERTY INSPECTION CHECKLIST -PAGE 2: S ite Name: Franklfn County WRDA Lease No. W912EF-1-04-12, Road 5,4 to Road 39 & Road 39 to US 395 Bridge F u rthe r Explanat ions Shall Be Noted on Exhibit "A" if Uems under I and II are Checked yes . J Prior Ownere (Nemel (Date) (Deed bk, paael . --1 Tract XX-3479, Harry Linden, et ux March 6, 1952 Vol . 76, Pg. 121, Records of I I (rract XX-3<482, Glenn C. lee, et ux . Franklin Countv, WA -1 . September 22, Exchange 1964 Crract XX-3481, Glenn C. lee, et ux ·--. April 18 , 195S Civil 606 , Tract XX-3501, Harold S. Foskett, et ux June 29, 1953 Vol. 78, Pg . 162, Recorda of f Tr~ct XX-3502 , John Horrigan, et ux ___ December 1 D, Franklin County, WA Vol. 76, Page 464, Records of - ! Tract XX-3503, Wallace W. Preston, et 1951 Franklin Countv, WA Aprll 18 , 1955 Clvll 606 I ux J Tract XX -3504, Glenn C. Lee, et ux April 18, 1955 Civll 606 Tract XX-3506 , J .E. Saylor, et ux May 8, 1952 Vol. 78, Pg. 171, Records of I Tract XX-3507 , Harold E. Olsen et ux Franklin Countv, WA -· June 20 , 1952 Vol. 78, Pg. 401, Records of I ; Franklin County, WA i-rract XX-3508, Ursula Wlfllam11 June 24 , 1952 Vot. 78, Pg . 392, Records of - Franklin Countv, WA 1 Trect XX-3509 , I.G . McCarthl'.'., et al Aiirll 1 B, 1966 Clvll606 --·--i _!ract XX-3511 1 L. C. Havstad, et ux Aiirll 18, 1955 Ctvrl 606 · Tract XX-3612, Fred C. Klopfenetlein, et October 16 , Clvll 693 I ux 1953 1 Traci XX-3513, J .C. Baf1Je 1 et ux June 24, 1956 Clvll 693 .. __ I I Tract XX -3 514, K .W. Casey, et ux November 30, Vol. 76 , Pg . 417 , Records of -, j 1951 FrankUn Countv, WA ; Tract XX-3516 , Lon D. Leeger, et ux : Aertt 18 , 1956 CIVIi 606 ! Tract XX-3618 , J . David Clancy, et ux December 20 , Vol. 76, Pg. S06 , Records of I 1951 Franklin Coun~, WA 1 Tract XX -3517, Willi am F. Luhman , et ux December 3, Vol. 76, Pg . ,t21, Records of , ______ 1961 Franklin County, WA I --, Tract XX -3519, J . David Clancy, et ux December 20, Vol . 76, Pg . 506, Records of k-1961 Franklin County, WA I Tract XX-3522, Josephine Wade, et al , April 18, 1955 Clvtl 606 l Tract XX -3626 , Lloyd Johnson, et ux i December J, Vol. 76, Pg. 427, Records of 1951 Franklin County, WA J Tract .XX -3527, Floyd D. Wagar , et al · --March s: 1954 Vol. n , Pg .186, Records of Franklin Countv, WA - i Tree! XX-3528, George C. Swanson J January 3, 1952 Doc. No. 141971 , Records of I Tract XX -3628, Charles H. Mt lier, et u>: Franklin County, WA March 12, 1966 Vol.129, Pg . 12, Records of J I I Franklin County, WA __ L j Tr:act XX-3530, Christine J. Erwen January 25 , Vol. 128, Pg , 264, Rewdo el ~ I Tract XX -3 58-4 , Chris ti no J. Eiw--;;,- 1966 Fra nklln ~~~~----___ ----·-----· Vol . 1211 , Pg . 264 , Records of January 26, 1966 Franklln County, WA l_rract XX-3529 , Grover C. RuHell, etux_ Ae.!.!!..~, 1965 Clvl18Q6 _________ PROPERTY INSPECTION CHECKUST -PAGE 3 : 11 1. Previous Contam ination Found: Petrole um Products Degreaser/Solvents Pesticides Herb ic ides Rad ioact ive Heavy Metals Organic Chemicals Ammun ition Underground Storage Tanks ·:J{ciff~) Other Explanation and Date of Any Remedia l Action T aken : -------------------------------- Has an EA or EIS Been Performed/Prepared? Reconna issance Sources Site Vis it: FEBRUARY 20, 2009 Public Records MARCH 2, 2009 --------- YES or ® Interviews (owne r , residents . loca l, State , and Federal Govt., ______ _, Aerial Photos , (USGS , SGS, Tax Office , I nterna l Distr ict Records NO YES Maps Othe r a . Perm its b . Contracts c . Leases d . Easements e . Deeds X f . Licenses g. Other Note : Discuss Re levant Former Uses on Exh ibit "B" ----------- PROPERTY INSPECTION CHECKLIST -PAGE 4 : RECORD EXAMINATION Based on a record exam ination , no apparent envi ronmenta l contamination as refe rence d in the Code Qf Federal Regu lations (CFR.l was present wh ich wou ld indicate that hazardous, toxic , orr ad iolog ica l waste had been stored. released , or disposed of on the property as of M,v l\,,, 1. l Oo<\ (Date) Paul Shampine Realty Specialist PROPERTY INSPECTION Based on the attached Property Inspection Checklist , including surface observations only, by the undersigned , no apparent environmental contam ination as referenced in the Code Q! Federa l Regulations (C.F.R.l was present which would indicate that hazardous, toxic, or radjolog ical waste had been sto red , released , or disposed of on th e property as of / l fc: 1 >\•.u-, c" ,~ ( \/, _(Date )} Heather Humph r eys Environmenta l Compl iance Coord inator Paul Shampine Realty Speciali st Real Estate Divis ion Tim Fife Frank lin County , WA County Eng ineer REVIEW ( l ,. , ( l S igned · , ' '-) tv i .· "- Date , .... 1 ... .r I ' ) S Signed :~V-~~-s -~--+----- Date t,\-.,r,,'-'. ~ l j_Qfj \ 7 ·7 Signed : __ J '--/,.L.L},L,..::..:::.... __ ·fl_,_,:=-J/;.....;!=---· ___ _ Date : l. -, -I\ Based on the attached Property Inspection Check list , no apparent environmental contamination as referenced !D. the .Q_q de 9.f Federal Regu lations (C .F.R.) was present which wou ld ind icate that hazardou s , toxic , or radio log ica l wa ste had been stored , released , or disposed of on the prope rt y as of Fc.bni..ffrlf2.0,Zc,o9 . . :.>(Date) Rodney Hu ttman Ch ief, Management and Disposa l Rea l Estate Divisio n APPROVAL ~L. If, !11, _1. Signed : --~-=:.:....c..c;.;,,c....<.n...:...cc ;~++------- Date : 3/ I IR/ Of/ Based on the attached Property Inspection Checklist , no apparent environmental contam inat ion as referenced l!! the Code Q! Federal Regulat ions (C .F.R .l was present wh ich would indicate that hazardous. toxic , o r rad iological waste h ad been stored , released , or disposed of on the property as of Jt1th.1, . (Date) Don Redman Wa ll a Walla Di strict En vironmen tal Complian ce Coo rdi nator Signed : ___ -_,_\'"<'.-=-......,"'-.'--,,-'~'-'_{_/---------- Date : •,/, • (t ,1 PROPERTY INSPECTION CHECKLIST -PAGE 5 : TO : _____________________________ _ SUBJECT : Request for Add itional Base li ne Study, ______ _ Based o n t he attached Property Inspection Checklist, poss ibl e environme ntal contam ination as referenced in the Code Qf Federal Regulations (C .F.R.) may exist on the inspected property. Request that additional Environmenta l Baseline Study and/or other docume ntation be provided. Dale GRANTEE: I acknowledge rece ipt of this Enviro nm enta l Baseline Study (EBS) and I agree !hat should I not concur wit h the find in gs contai ned here in I will document my obj ections and substantiate the reas ons wi thi n 30 days of this ___ day of ___________ _ Name: Signed : ________ _ Date : OR I acknowledge the condition of this property as reflected in this Environmenta l Baselrne Study (EBS} th is _/(; r1-._ day of J .,._...,c ___ , Z<'0 "f . . Name : Signed : ___ --P~'i-'---¾.-d~+-----:- Da te: Title: PROPERTY INSPECTION CHECKLIST -PAGE 6: FURTHER EXPLANATIONS FOR ITEMS! AND!! l.d .: Felled tree present at private dock near Road 39. JI.a.: Boat ramp, dock, parking lot, trail, benches, concrete pads, private permitted docks present. ll.p .: Surface Waters or Drainage Ditches Type: Stormwater drain at top of boat ramp . 11.r.: Access roads for ingress/egress present. n.s.: Light poles, electrical lines, irr igation system present. EXHIBIT "D" Renovation and Cleanup Plan 1) Remove dead and stonn damaged trees by 2/1/2013 2) Remove trees that are growing into and through fences by 2/l /2013 3) Trim tree to allow fire trucks access to the east end of the marina by 2/1/2013 4) Cleanup all parking areas by 3/1/2013 5) Remove or replace dock located west of the main covered dock by 5/1/2013 6) Repair fence between parking area and moorage docks by 5/1/2013 7) Repair and refloat main 40 slip dock by 7/1/2013 8) Repair and stabilize east long dock by 6/1/2013 9) Cleanup or remove old dock sections and debris along shore line by 6/1/2013 10) Cleanup east end parking area and shed by 5/1/2013 EXHIBIT "E" Capital Improvement Plan 1) lnstall 30 slip dock obtained from Clover Island by 3/1/2013 2) Install access ramp as required by permit by 3/1/2013 3) Refloat dock with approved materials as required by permit by 6/1/2013 4) Replace roof sections as required by permit to allow light to penetrate to water surface by 12/1/2013 5) Add additional moorage slips as allowed by permit by 3/1/2016 6) Will provide supplies such as parts, accessories and vending normally available at a marine center. In addition during the initial lease period, food service should be provided during peak season .