HomeMy WebLinkAboutItem 03 - Rockledge Park MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGE"
MEETING DATE: MARCH 3, 2009
SUBJECT: CONSIDER APPROVAL OF A LEASE AGREEMENT WITH THE
CORPS OF ENGINEERS FOR APPROXIMATELY 44 ACRES
OF PARKLAND AT ROCKLEDGE PARK
RECOMMENDATION:
The Council Corps Committee and staff recommend the City Council approve a lease
agreement with the Corps of Engineers for approximately 44 acres of parkland at
Rockledge Park. A copy of the agreement and a copy of the plan showing the 44 acres
are attached for review.
BACKGROUND:
In November of 2007, officials at the Corps of Engineers asked staff if the City of
Grapevine had an interest in taking over management of Rockledge Park from the Corps
of Engineers. The Council had expressed an interest in taking over management of the
park when the City took over management of approximately 770 acres of parkland
approximately five years ago. At that time, Corps officials did not want the City to take
over management of the park.
Staff met with officials from the Corps in January of 2008 and informed them that the
City would take over management of Rockledge Park on October 1, 2008 to coincide
with the fiscal year budget of the city. The Corps officials agreed to that. However, the
Corps fell behind on preparing the lease documents and asked the City in October of
2008 if the takeover could be delayed a few months while the lease agreement was
being prepared.
In June of 2008, Leon Younger and Pros, Inc., was hired to prepare a feasibility study of
the park to give the Council some options for the development of the park. Leon
Younger has extensive experience in taking over management of Corps of Engineers
parks in Kansas City, Missouri and Indianapolis, Indiana. Also, the Council Corps
Committee toured sports adventure parks and a campground in Kansas in November of
2008 and a campground in Canton, Texas in December of 2008. The Corps Committee
and staff met with Leon Younger on January 29, 2009 to discuss the options for
Rockledge Park and the Council discussed the options in a Workshop on February 3,
2009.
February 20,2009 (7:14AM)
Leon Younger and Pros, Inc. are scheduled to come to Grapevine in March to present a
concept plan of the park and a financial plan showing potential revenues and expenses
at the park.
If the lease agreement is approved by the Council, staff will post signs letting park users
know that the City has taken over management of the park, that improvements will be
made to the park and that the City will be collecting fees to enter the park. Staff will be
interviewing park hosts that will collect fees at the park and lock/unlock gates at the park.
DE
February 20, 2009(7:14AM)
NO. DACW63-1-09-XXXX
DEPARTMENT OF THE ARMY
LEASE TO NON-STATE GOVERNMENTAL AGENCIES
FOR PUBLIC PARK AND RECREATIONAL PURPOSES
ROCKLEDGE PARK
GRAPEVINE LAKE
TARRANT COUNTY, TEXAS
THIS LEASE is made on behalf of the United States, between
the SECRETARY OF THE ARMY, hereinafter referred to as the
Secretary, and The City of Grapevine, hereinafter referred to as
the Lessee,
WITNESSETH:
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 identified in
Exhibit A, 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 twenty (20)
years and seven (7) months, beginning 1 March 2009 and ending
30 September 2029 .
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.
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3. NOTICES
All correspondence and notices to be given pursuant to this
lease shall be addressed, if to the Lessee, to The City of
Grapevine, P.O. Box 95104, Grapevine, Texas 76099 and, if to the
United States, to the District Engineer, ATTN: Chief, Real
Estate Division, CESWF-RE, P.O. Box 17300, Fort Worth, Texas
76102-0300, or as may from time to time otherwise be directed by
the parties . Notice shall be deemed to have been duly given if
and when enclosed in a properly sealed envelope, or wrapper,
addressed as aforesaid, and deposited, postage prepaid, in a
post office regularly maintained by the United States Postal
Service.
4. AUTHORIZED REPRESENTATIVES
Except as otherwise specifically provided, any reference
herein to "Secretary 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 authorized representatives .
5. DEVELOPMENT PLANS
The Lessee shall be guided by an annual Plan of Operation
and Maintenance in furtherance of the Lessee ' s implementing Plan
of Recreation Development and Management (Development Plan)
attached as Exhibit B which shows the facilities and services
necessary to meet the current and potential public demand and
the management and development activities to be undertaken by
the Lessee and any sublessees. No later than 1 January of each
year the Lessee will submit the annual Plan to be mutually
agreed on between the Lessee and the District Engineer. Such
annual Plan shall include but is not limited to the following:
a. Plans for management, maintenance and development
activities to be undertaken by the Lessee and any sublessees .
b. Report of the management, maintenance and development
accomplishments of the Lessee for the preceding year.
c. Report on any significant modification of policies or
procedures which are planned for the following year as well as
those implemented in the preceding year.
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d. Minor modifications to the Development Plan. Major „ow
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 Rehabilitations 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.
During the term of the lease, the District Engineer will notify
the Lessee of any updates to the existing project Master Plan
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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. However, not
structures may be erected or altered upon the premises 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 .
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7. APPLICABLE LAWS AND REGULATIONS
a. 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 construction, 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 privileges 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.
b. The Lessee will provide an annual certification that all
water and sanitary systems on the premises have been inspected
and comply with Federal, state and local standards . The Lessee
will also provide a statement of compliance with the
Rehabilitations Act and the Americans with Disability Act, as
required in the condition on NON-DISCRIMINATION, noting any
deficiencies and providing a schedule for correction.
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 improvements . A copy of said report is attached
hereto as Exhibit C 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.
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9. FACILITIES AND SERVICES AI
The Lessee shall provide the facilities and services as
agreed upon in the Development Plan referred to in the Condition
on DEVELOPMENT PLANS 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 lease; 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 rental 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. TRANSFERS, ASSIGNMENTS, SUBLEASES
a. Without prior written approval of the District Engineer,
the Lessee shall neither transfer nor assign this lease nor
sublet the premises or any part thereof, nor grant any interest,
privilege, or license whatsoever in connection with this lease.
b. The Lessee will not sponsor or participate in timeshare
ownership of any structures, facilities, accommodations, or
personal property on the premises . The Lessee will not
subdivide nor develop the premises into private residential
development .
11. FEES
Fees may be charged by the Lessee for the entrance to or use
of the premises or any facilities, however, no user fees may be
charged by the Lessee or its sub-lessees for use of facilities
developed in whole or part with federal funds if a user charge
by the Corps of Engineers for the facility would be prohibited
under law.
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12. ACCOUNTS, RECORDS AND RECEIPTS
All monies received by the Lessee from operations conducted
on the premises, including, but not limited to, entrance,
admission and user fees and rental or other consideration
received from its concessionaires, may be utilized by the Lessee
for the administration, maintenance, operation and development
of the premises . Beginning 5 years from the date of this lease
and continuing at 5-year intervals, any such monies not so
utilized or programmed for utilization within a reasonable time
shall be paid to the District Engineer. The Lessee shall
establish and maintain accurate records and accounts and provide
an annual statement of receipts and expenditures to the District
Engineer. Annual or weekly entrance fees not collected on the
Project, which also are 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.
13. 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 all 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 Engineer, or, at the election of the District Engineer,
reimbursement may be made therefor by the Lessee in an amount
necessary to restore or replace the property to a condition
satisfactory to the District Engineer.
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14. 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
Government purposes; to make inspections; to remove timber or
other material, except property of the Lessee; to flood the
premises; to manipulate the level of the lake or pool in any
manner whatsoever; and/or to make any other use of the land as
may be necessary in connection with project purposes, and the
Lessee shall have no claim for damages on account thereof
against the United States or any officer, agent, or employee
thereof .
15. 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.
16. 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 or a
minimum Combined Single Limit of $ 1, 000, 000 . 00, whichever is
greater, for any number of persons or claims arising from any
one incident with respect 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 under
the terms of this lease. The Lessee shall require its insurance
company 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. The District Engineer shall have the right to review
and revise the amount of minimum liability insurance required.
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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.
17. RESTORATION
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
therefor, 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 .
18. 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
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with Disabilities Act and attendant Americans with Disabilities w
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 300) issued as Department of
Defense Directives 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 assignees .
19. SUBJECT TO EASEMENTS
This lease is subject to all existing easements, easements
subsequently granted, and established access routes for roadways
and utilities located, or to be located, on the premises,
provided that the proposed grant of any new easement or route
will be coordinated with the Lessee, and easements will not be
granted which will, in the opinion of the District Engineer,
interfere with developments, present or proposed, by the Lessee.
The Lessee will not close any established access routes without
written permission of the District Engineer.
20. SUBJECT TO MINERAL INTERESTS
This lease is subject to all outstanding mineral interests .
As to federally owned mineral interests, it is understood that
they may be included in present or future mineral leases issued
by the Bureau of Land Management (BLM) , which has responsibility
for mineral development on Federal lands. The Secretary will
provide lease stipulations to 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 .
21. 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
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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 non-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 Lessee by giving
one (1) year prior written notice to the District Engineer in
the manner prescribed in the Condition on NOTICES.
22. HEALTH 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 presents an immediate
threat to health and/or danger to life or property, will so
notify the Lessee and will require that the affected part or all
of the premises be closed to the public until such condition is
corrected and the danger to the public eliminated. If the
condition is not corrected within the time specified, the
District Engineer will have the option to: (1) correct the
hazardous conditions and collect the cost of repairs from the
Lessee; or, (2) 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.
23. PUBLIC USE
No attempt shall be made by the Lessee, or any of its sub-
lessees or concessionaires, to forbid the full use by the public
of the premises and of the water areas of the project, subject,
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however, to the authority and responsibility of the Lessee to
manage the premises and provide safety and security to the ,
visiting public .
24. PROHIBITED USES
a. The Lessee shall not permit gambling on the premises or
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 use permits issued in conjunction
with special events, if permissible by state and local law. Any
request to conduct such activities 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 permit the sale,
storage, or dispensing of beer, malt beverages, light wines or ,. ,
other intoxicating beverages on the premises in those facilities
where such service is customarily found. Bar facilities will
only be permitted if offered in connection with other approved
activities . Advertising of such beverages outside of buildings
is not permitted. Carry out package sales of hard liquor is
prohibited.
25. NATURAL RESOURCES
The Lessee shall 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
substantially change the contour or condition of the premises,
except as may be authorized under and pursuant to the
Development Plan described in the Condition on DEVELOPMENT PLANS
herein. The Lessee may salvage fallen or dead timber; however,
no commercial use shall be made of such timber. Except for
timber salvaged by the Lessee when in the way of construction of
improvements or other facilities, all sales of forest products
will be conducted by the United States and the proceeds
therefrom shall not be available to the Lessee under the
provisions of this lease.
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26. 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 this 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 that 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
$50, 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 District Engineer for a written decision. A
claim by the Government against the Lessee shall be subject to a
written decision by the District Engineer.
(2) For Lessee claims exceeding $50, 000, the Lessee
shall submit with the claim a certification that:
(i) The claim is made in good faith;
(ii) Supporting data are accurate and complete to
the best of the Lessee ' s knowledge and belief; and
(iii) 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
shall be executed by that individual . If the Lessee is not an
individual, the certification shall be executed by:
(i) A senior company official in charge at the
Lessee' s location involved; or
(ii) An officer or general partner of the Lessee
having overall responsibility of the conduct of the Lessee ' s
affairs .
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d. For Lessee claims of $50, 000 or less, the District
Engineer must, if requested in writing by the Lessee, render a
decision within 60 days of the request. For Lessee-certified
claims over $50, 000, the District Engineer must, within 60 days,
decide the claim or notify the Lessee of the date by which the
decision will be made.
e. The District Engineer' s decision shall be final unless
the Lessee appeals or files a suit as provided in the Act .
f. At the time a claim by the Lessee is submitted to the
District Engineer 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 District
Engineer 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 District Engineer 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 District Engineer.
27. 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 prohibited. Such regulations, conditions, or
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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. Services for waste
disposal, including sewage pump-out of watercraft, shall be
provided by the Lessee as appropriate. The Lessee shall not
discharge waste or effluent from the premises in such a manner
that the discharge will contaminate streams or other bodies of
water or otherwise become a public nuisance.
b. The 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 approval in writing from the
District Engineer before any pesticides or herbicides are
applied to the premises .
28. PRELIMINARY ASSESSMENT SCREENING
A Preliminary Assessment Screening (PAS) 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 D. Upon expiration,
revocation or termination of this lease, another PAS 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.
29. HISTORIC PRESERVATION
The Lessee shall not remove or disturb, or cause or permit
to be removed or disturbed, any historical, archaeological,
architectural or other cultural artifacts, relics, remains, or
objects of antiquity. In the event such items are discovered on
the premises, the Lessee shall immediately notify the District
Engineer and protect the site and the material from further
disturbance until the District Engineer gives clearance to
proceed.
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30. 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 appropriate measures to
prevent or control soil erosion within the premises . Any soil
erosion occurring outside the premises resulting from the
activities of the Lessee shall be corrected by the Lessee as
directed by the District Engineer.
31. TRANSIENT USE
a. Camping, including transient trailers or recreational
vehicles, 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 reservation
system for the use of any such campsites.
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 by
the District Engineer.
32. 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 amount of such
commission, percentage, brokerage, or contingent fee.
33. 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 - .
15
incorporated company if the lease be for the general benefit of
such corporation or company.
34. 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.
35. 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 10 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) .
36. ADDITIONAL CONDITIONS
a. The City of Grapevine must provide the Corps of
Engineers with monthly and holiday visitation data for reporting
to the Visitors Estimation Reporting System (VERS)
b. No structures may be placed within the confines of the
spillway. No activity will be permitted within the spillway that
would impede the normal flow of water over the spillway.
c . All monies received by the lessee from operations
conducted on the lease premises may be utilized in any park area
leased from the Corps of Engineers at Grapevine Lake.
IN WITNESS WHEREOF I have hereunto set my hand by
authority/direction of the Secretary of the Army this
day of ,
16
THIS LEASE is also executed by the Lessee this
day of ,
17
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. Legend
FM3040
,' 4 LL Lease Area
Jr' F, ! USAGE Boundary
Created R.Jordan
BY
pate: November 20,2008
L % �” R:1EF\WorMGrapevine\Real EstatelLeaseslMaps
+11 The U.S.Army Corps d Engineers has provided these
£ spatial.data as a representation n of the various geographic i _
Mtn hfarnetbn gathered from muMiplesources.These data f i�; t
t should be viewed only as a representation of theprovided
Ta Information and should not be used for any other purpose.
No guarantee is rttedeby the U.S.Army Corps of Engineers
regadkrg the soar racy or carrpleteness of fhe data or their US Army Corps
� ' auimbpkyforapartieutruse. of Engineerse
aX1,10,-1- A
E . see 46-- V.; 1)-19/0
December 2, 2009
•
Mr. Craig Tim MacAllister, Operations Manager
Elm Fork Project
U.S. Army Corps of Engineers
1801 N. Mill Street
Lewisville, Texas 75057
RE: Rockledge Park Lease
Dear Tim:
•
The City of Grapevine will be taking over management of Rockledge Park beginning
January 1, 2009. The City will also be taking over the police, fire and medical services
for the park from the City of Flower.Mound at some time in the near future. The City of
Grapevine was asked to put together a Five-Year Development Plan for the park.
Please consider this correspondence as our initial five-year plan.
In early 2009, the City of Grapevine will be doing renovations to the facilities at the park
with the materials that were requested from the Corps of Engineers in a letter to you
dated August 11, 2008. The City will be installing signage indicating the City of
Grapevine has taken over management of the park. Beginning March 1, 2009, the City
of Grapevine will begin assessing fees to enter the park. Our intention is to set a fee of
$5 per vehicle to enter the park. Park patrons will be able to buy an annual pass at$35
per year for residents of Grapevine and $75 per year for non-residents. Of course, all
revenue generated at Rockledge Park will be utilized for improvements to the lake park
system.
The City of Grapevine is also in the process of doing a feasibility study on Rockledge
Park to give our City Council some options for the use of the park. The City Council
Corps Committee has been taking field trips around the U. S. to tour parks and facilities •
that might be a good fit for Rockledge Park. The Council Corps Committee is looking at
camping and/or sports adventure amenities as possible uses for Rockledge Park.
I anticipate that the Grapevine City Council will decidebn the best use for Rockledge
Park by the end of January of 2009. We will keep officials at the Corps of Engineers
informed as tathe intended use for the park. Also, I will submit an amended Five-Year
Development Plan as soon as the City Council has approved the use for the park.
City of Grapevine• Park Administration •200 South Main Street 76051 • P.O. Box 95104 Grapevine,Texas 76099
(817)410-1122• Fax(8l 7)410-3005
itiVlt�
JOINT SURVEY AND INSPECTION OF CONDITION OF GOVERNMENT LEASED PROPERTY
vic 406-1-p)
INSTRUCTIONS
1. If considered necessary,use a separate ENG Form
3143a for each room surveyed. and interior details of buildings;service facftities:inventory of
machinery and equipment miscellaneous items and general
2. Additional sheets may be attached for physical remarks to otherwise covered in section Ii of this form or on ENG
characterisltics of land and buildings:exterior Form 3143a.
ADDED INSTRUCTIONS(Overprint,if desired)
Section 1-PROPERTY DATA AND NAGRER EAR
DATE OF SURVEY LEASE NO. LEASE COMMENCEMENT DATE DATE POSSESSION TAKEN
3 February 2009 9 March 2009 9 March 2009
ACTIVITY TOTAL LEASED BUILDING AREA(Square feet)
Rome Park
DESCRIPTION AND LOCATION OF PROPERTY CONDITION OF PROPERTY
GR-27841-Toilet Masonry Vault Holes in floor,damaged conrxete roof POOR
GR-28362-Pared ,4012.080 eq.R: . POOR
GR-28983-Parkkg,2049990 sq.ft. POOR
GR-28364-Parking,9988.870 sq.ft. POOR
OR-28385-Parking,1318.970 sq.ft. POOR
OR-28388-PPerking.5324,910 sq.ft. POOR
GR-28387-Parking.2919.810 sq.ft. POOR
OR-283811-Parking, 151.060eq.ft. POOR
GR-219389-Parking,2198350 sq.ft. POOR
GR•28370-Parking,7602.200 sq.ft. POOR
1 GR-28371-Parting,7879.100 sq.ft. POOR
GR-28374-Parkkap,1105.140 sq.ft. POOR
GW28375-Parking,1173.720 sq,ft. POOR
OR-28378-Parking, 853.970 sq.ft. POOR
GR•28377-Parki ng.2827.250 sq.ft. POOR
GR.28378-Paring,2711.080 sq.ft. POOR
GR•28379-Paddng,4531.100 sq.ft. POOR
GR-28393-Padeng,1375.290 sq.ft. POOR
GR-27898-Jackson Pavilion Roofing damaged FAIR
GR-28901-Surfacing Paved Roads,0.959 miles Potholes POOR
OR-36446-33 Picnic Tables(sees) Concrete tables damaged,roofing damaged,delineation damaged POOR
OR-36470-Waterborne Restroam FAIR
GR-39756-Playground Old equipment,no material below play area POOR
GR-43261-Parking POOR
GR-27870 Water Pump Inside Well House FAIR
GR-43331-Roads Unpaved,0.059 mess FAIR
GR.43815-information Kiosk FAIR
GR-43816-2 Covered Benches FAIR
GR-43817-Covered Bice Rack FAIR
GR-27045-Well/louse FAIR
GR-43215-5 Drinking Fountains Seasonally turned oft Exterior condition FAIR
GR-43293-Toilet Waterborne FAIR
OR-43294-Volleyball Court Two poles standingtarea covered with grass POOR
JOINT AGREEMENT ON THE CONOMON OF THE PROPERTY
We,the undersigned.jointly made a survey and inspection of the condition of the property
mentioned above. We agree that as of the date of survey,the condition of the property is as
described herein.
THE CONDITION OF THE EXTERIOR OF THE PROPERTY IS INDICATED ON THE REVERSE SIDE OF NO.OF ATTACHMENTS
THIS FORM. ROOM CONDITIONS ARE INDICATED ON ATTACHED ENG FORM 3143A.
NAME AND SIG,,TURE• ❑*INNER el LESSOR/LESSEE 0 AGENT �° `• 'TURE OF U.S.GOVERNMENT REPRESENTATIVE
h IKE Hoa - , :.c C IG DMONDSON
Lake Park Foreman S •ry Natural Resource Manager
City of Grapevine Trinity Regional Project
Grapevine Lake
ADDRESS — ORGANIZATION_ _. —.-
P.O.Box 95104 110 Fairway Dr.
0 501 Shadybrook Drive Grapevine,TX 76051
Gra vine Tx 76009
ENG FORM 3143, 1 JUN 60
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