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HomeMy WebLinkAboutItem 12 - Silver Lake Campground and Meadowmere ParkITEM I MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGERf/ MEETING DATE: SEPTEMBER 17, 2002 SUBJECT: LEASE AGREEMENTS & CONTRACTOR AGREEMENTS - CORPS OF ENGINEERS PROPERTY RECOMMENDATION: The City Council to consider approval of a lease agreement with the Corps of Engineers for approximately 769 acres of Corps property at Lake Grapevine and Contractor agreements for Gate Attendants for Silver Lake Campground and for Fee Collection/Meadowmere Park Maintenance and authorize the City manager to execute said agreements. Copies of the agreements are attached for review. BACKGROUND: The initial lease is for six months at which time the City will have the option to renew the lease for a period of 25 years. The total acreage that is available for lease is approximately 769 acres. This includes 188 acres at Meadowmere Park, 452 acres at Oak Grove Park and 129 acres at Silver Lake Park. Included in the proposed lease are 10 boat ramps, 89 picnic sites, one large picnic pavilion, several restroom facilities, playgrounds and a campground with 61 camping sites. Since Corps officials contacted staff several months ago regarding the potential lease, staff has done much research on what the cost of maintenance will be and what the potential is for revenue. Attached is a financial analysis of the Corps property. You will notice that the proposed revenues exceed estimated expenditures for FY 2002-2003. The Corps has agreed to pay all utilities for the next fiscal year for a cost savings of over $50,000. Also, to be able to keep services at the parks at the same level, staff can amend contracts with existing City contractors to include open field mowing, litter pickup and restroom cleaning for all three parks. Staff is currently in the process of sending out specifications to potential contractors for bids for these services. Initially, staff recommends that the fees for camping and boat ramp usage remain the same as is being currently charged by the Corps. Staff will present a recommendation on fee modifications for Council consideration by the end of this year. The goal is to have revenues equal to or greater than expenditures for the property the City is considering leasing from the Corps of Engineers. September 11, 2002 (1:02PM) Finally, staff has drafted agreements for gate attendants at Silver Lake Campground and for the collection of boat ramp fees at the nine boat ramps and for mowing and trash pickup around the picnic sites and boat ramp at Meadowmere Park. The City Attorney has reviewed and approved the agreements. Staff met with existing Corps of Engineers contractors and they have agreed to the terms in the contracts. The lease of Corps of Engineers property was discussed by the Parks & Recreation Advisory Board at the June, July and August meetings. Although the Board has not passed a motion to approve the lease, the Board supports the addition of the Corps property to the park system in Grapevine. Staff recommends approval of the lease with the Corps of Engineers and the agreements for the contractors. The lease has been reviewed and approved by the City Attorney. go September 12, 2002 (10:43AM) No. DACW63-1-02-0650 DEPARTMENT OF THE ARMY LEASE TO NON -STATE GOVERNMENTAL AGENCIES FOR PUBLIC PARK AND RECREATIONAL PURPOSES OAK GROVE, SILVER LAKE, MEADOWMERE PARKS x r j��wva TARRANT COUNTY THIS LEASE is made on behalf of the United States, between the SECRETARY OF THE ARMY, hereinafter referred to as the Secretary, and 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, A-1, and A-2, 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: Said premises are hereby leased for a term of six (6) months beginning 1 October 2002 and ending 30 March 2003. 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 of Grapevine, P.O. Box 95104, Grapevine, Texas 76051; and, if to the United States, to the District Engineer, ATTN: CESWF-RE-MD, 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 January 1 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. 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 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 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. 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, C-1, and C-2 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. 9. FACILITIES AND SERVICES 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. 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 S 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. 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 $230,000.00, 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. 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 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 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 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, 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. 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. 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 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. 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 forty-two (42) 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 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. is 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 CONDITION a. The City of Grapevine must honor all Annual Passes and any reservations made through the National Recreation Reservation Service system, through December 31, 2002. b. 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). This should be submitted to the Lake Manager at the Grapevine Lake Office. C. The Corps of Engineers will provide water, electricity and telephone service for the term of the lease and will continue to provide this service for an additional six months, ending September 30, 2003, if the lease is renewed or extended on April 1, 2003. d. The City of Grapevine must establish a separate account for water use to the commercial concession located in Meadowmere Park. e. The City of Grapevine must provide free access for visitors to Paradise Cove, the model flying field, and boathouses located within the lease premises. f. The administration of park shoreline will remain the Engineers. the boathouse permits along the responsibility of the Corps of IN WITNESS WHEREOF I have hereunto set my hand by authority/direction of the Secretary of the Army this day of f 2002. HYLA J. HEAD Chief, Real Estate Division THIS LEASE is also executed by the Lessee this day of r 2002. City of Grapevine CERTIFICATE certify that I am the of the City of Grapevine, named as a lessee herein, that , who signed this Lease on behalf of the City of Grapevine, was then of the City of Grapevine, and that said Lease was duly signed for and on behalf of the City of Grapevine, by authority of its governing body and is within the scope of its legal powers. Date (Title) NOTE: Please have someone other than the person who signs the agreement, complete and sign this form. 0 Developmental Plan The City of Grapevine plans to maintain and operate the current facilities as identified in Exhibit C for the term of this lease. No new facilities are planned at this time. VVUTRTT 'R JOINT SURVEY AND INSPECTION OF CONDITION OF GOVERNMENT LEASED PROPERTY ER 405-1-12 INSTRUCTIONS 1. If considered necessary, use a separate ENG Form 3143a for each room surveyed. and interior details of buildings; service facilities; inventory of machinery and equipment; miscellaneous items and general 2. Additional sheets may be attached for physical remarks to othervAse covered in section 11 of this form or on ENG characteristics of land and buildings: exterior Form 3143a. ADDED INSTRUCTIONS (Overprint, if desired) Section I - PROPERTY DATA AND CONDITION AGREEMENT DATE OF SURVEY LEASE NO. LEASE COMMENCEMENT DATE DATE POSSESSION TAKEN 17 Aug 02 ACTIVITY TOTAL LEASED BUILDING AREA (Square feet) Meadowmere Park DESCRIPTION AND LOCATION OF PROPERTY CONDITION OF PROPERTY 2 vault toilet or change house shelter Fair/Poor 2.6 miles of paved roads and .5 mile of unpaved road, with parking areas Poor 1 fee collector building/entrance gate station Good 1 boat ramp with parking spaces Good 28 cooking grills Fair 1 swim beach with 23 buoys Good 1 playground w/equipment Good 2 basketball goals Fair 1 volleyball court Poor 2 honor vault collection stations Good 1 water fountain Good 1 courtesy dock Good 1 rock well house Fair 26 tables with shelters 13 -Good, 15 -Poor 48 signs (park & traffic signs w/various legends & warding) Good 6 miles pipe rail fencing Fair 7 security lights 5 —Good, 2- need bulbs JOINT AGREEMENT ON THE CONDITION 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 SIGNATURE OF ❑ OWNER ❑ LESSOR/LESSEE ❑ AGENT NAME, TITLE, AND SIGNATURE OF U.S. GOVERNMENT REPRESENTATIVE ADDRESS ORGANIZATION EAG FORi1i 10% am T A� �w. .n... ...�. ...� vvm U Ovmyc T HNu INzi to I IVN OF CONDITION OF GOVERNMENT LEASED PROPERTY r ER 405-1-12 INSTRUCTIONS 1. If considered necessary, use a separate ENG Form 3143a for each room surveyed. and interior details of buildings; service facilities; inventory of dditional sheets may be attached for physical Pcharacteristics machinery and equipment; miscellaneous items and general remarks to otherwise covered in section 11 of this form or on ENG of land and buildings: exterior Form 3143a. ADDED INSTRUCTIONS (Overprint, if desired) Section I - PROPERTY DATA AND CONDITION AGREEMENT DATE OF SURVEY 17 Aug 02 LEASE NO. LEASE COMMENCEMENT DATE DATE POSSESSION TAKEN ACTIVITY Oak Grove Park TOTAL LEASED BUILDING AREA (Square feet) DESCRIPTION AND LOCATION OF PROPERTY CONDITION OF PROPERTY 2.5 miles of paved roadway with parking Fair 20 picnic tables (steel) Good 43 picnic tables (concrete) Fair 43 picnic table shelters Fair 7 drinking fountains Good 45 elevated cookers Fair 3 security lights Good 2 playgrounds w/equipment Good ult toilets Fair Ileyball court (sand) Good 1 basketball goal Fair 1 group pavilion Good 1 horseshoe pit Good 7 boat ramps Goad 2 courtesy docks Good 5 miles pipe rail fencing Fair Y2 mile guard post and cable fencing Fair 183 signs (63park & 120 traffic signs w/various legends & wording) Good/Fair JOINT AGREEMENT ON THE CONDITION 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 SIGNATURE OF ❑ OWNER ❑ LESSOR(LESSEE ❑ AGENT NAME, TITLE, AND SIGNATURE OF U.S. GOVERNMENT REPRESENTATIVE ADDRESS ORGANIZATION Cw/n Cf'%M&A 1164 w'ft -4 an ■as nn —5V A I v9uro v It a vvI'm vv Exhibit C-1 JOINT SURVEY AND INSPECTION OF CONDITION OF GOVERNMENT LEASED PROPERTY ER 405-1-12 INSTRUCTIONS 1. If considered necessary, use a separate ENG Form 3143a for each room surveyed. and interior details of buildings; service facilities; inventory of machinery and equipment; miscellaneous items and general 2. Additional sheets may be attached for physical remarks to otherwise covered in section 11 of this form or on ENG characteristics of land and buildings: exterior Form 3143a. ADDED INSTRUCTIONS (Overprint, if desired) Section I - PROPERTY DATA AND CONDITION AGREEMENT DATE OF SURVEY LEASE NO. ___J__ LEASE COMMENCEMENT DATE DATE POSSESSION TAKEN 17 Aug02 ACTIVITY TOTAL LEASED BUILDING AREA (Square feet) Silver Lake Park DESCRIPTION AND LOCATION OF PROPERTY CONDITION OF PROPERTY 2.5 miles of paved roadway with parking Good 79 picnic tables (45 concrete, 11 steel frame, & 23 wooden) Fair, some w/ minor damage. 70 picnic table shelters (56 metal & 14 wooden) " 73 fire rings OK- usable condition 73 cooking grills Good 57 lantern hangers Good 71 overnight campsites (64 w/ electric, 6 w/o electric, 1 group site) Good 1 screened overnight camping shelter Good 1 rock park entrance gate house w/ a/c unit Fair 2 honor vault pay stations Good 2 sanitary dump station Good/Poor 2 boat ramps Good 2 courtesy docks Good 1 fishing dock Fair 3 restrooms (2 rock & 1 brick (2 waterborne & 1 vault)) Good/Fair 3 drinking fountains Good 1 volleyball court Fair 1 playground w/equipment Good 1 horseshoe pit Good 1 traffic counter Fair 2 well houses (1 rock & 1 metal) Fair 1 rock laundry building Fair 98 signs (park & traffic signs w/various legends & wording) Good/Fair--Most OK, some are faded 1 storage building Good Approx. 2 miles of fencing (rock, wood, pipe rail, chain link and guardrail) Fair—Some rust &/or broken welds 2 security lights 1 -Good, 1 -Fair JOINT AGREEMENT ON THE CONDITION 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. I NAME AND SIGNATURE OF ❑ OWNER ❑ LESSOR/LESSEE ❑ AGENT NAME, TITLE, AND SIGNATURE OF U.S. GOVERNMENT REPRESENTATIVE ADDRESS ORGANIZATION Exhibit C-2 M PRELIMINARY ASSESSMENT SCREENING 1. REAL PROPERTY TRANSACTION: The Corps proposes to issue a lease, DACW63-1-02-0642 (formerly DACW63-1-95-0671), which will allow Big Cypress Marina to continue use of approximately 31.2 acres of land and adjacent water on Lake 0' The Pines, Texas. The new lease will become effective 15 August 2002 and will expire on August 14, 2007. a. A COMPREHENSIVE RECORDS SEARCH was conducted which included a review of the following areas: 1) Real Estate Division files. 2) Real Estate Division maps. 3) Lake 0' The Pines Master Plan. 4) Operations Division files. 5) Environmental Review Guide for Operations (ERGO) b. INTERVIEWS WERE CONDUCTED with the following: None C. A SITE INVESTIGATION was performed in March, by Park Ranger Robby Henderson, which consisted of a visual inspection of the area. 2. STATEMENT OF FINDINGS a. COMPREHENSIVE RECORDS SEARCH SUMMARY A complete search of the District files which pertain to the proposed lease area was made as stated in 1.a. above. The records search revealed no other evidence of any hazardous substance being stored, released or disposed of on the property involved. The operating plans and historical records also showed no other evidence of any activity which would have contaminated the property with hazardous substances. Exhibit D b. SITE INVESTIGATION SUMMARY A site investigation of the proposed lease area was made as stated in l.b. above. This visual inspection revealed no unusual odors, stained soils, stressed vegetation, suspicious seepage, manmade land features, unnatural surface features or other evidence that would indicate the presence of hazardous wastes. Based on this inspection it was determined no hazardous substance has been stored, released or disposed of on the property involved. Project personnel have no other knowledge of past activities which might have created a hazardous situation. / 41"7 f1 C Prepared By: Mike McInnis Date Realty Specialist C,4",( 30 )q Lz i P -j f .2 -Dv Approved By: Bobby J. Camp--]�ate Acting Chief, Real Estate Division This Park Attendant Agreement ("Agreement") is entered into by the City of Grapevine, Texas, hereinafter referred to as the "City", and Dorothy and Rick Overpeck, hereinafter referred to as the "Contractors". WHEREAS, The City desires to engage the services of Contractors for the purposes set forth herein, as independent contractors and not as employees. NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein made and the benefits flowing to the parties hereto, the City and the Contractors, do hereby contract and agree as follows: A. DUTIES AND OBLIGATIONS OF CONTRACTORS. Contractors shall serve as Park Attendants at Silver Lake Campground (the "Campground") located in the City. As Park Attendants, the Contractors shall: 1. Provide a self-contained trailer (the type and design of which shall be subject to the approval of the Director of Parks & Recreation or his/her designee) that shall be parked near the entrance of the campground at a location to be designated by the Director of Parks & Recreation or his/her designee. Contractor will maintain the area around the self-contained trailer in a clean, uncluttered and sanitary condition at all times. Contractor shall base the performance of this Agreement from that trailer. 2. Provide surveillance in the park Monday through Thursday and be responsible for operation of the gatehouse in accordance with the Director of Parks & Recreation or his/her designee. The contractors will be responsible for opening the gate at 6 AM Monday through Thursday and managing the gatehouse from 8 AM through 8 PM Monday through Thursday. 3. The management of the campground by the Contractors shall include the following functions. (a.) Taking reservations and collecting fees for campsites, pavilion rentals and boat ramp stickers. The Contractors shall also be responsible for collecting monies from the washing machines and dryers at the campground laundry building. The Contractors shall be responsible for reconciling the monies collected daily. (b.) Maintaining the gatehouse, both inside and outside, in a clean, orderly and sanitary condition. The gatehouse shall be thoroughly cleaned at the end of each shift. O:`ZVANS\Corp of EngineersTark attendant contractl 09%10/02 Cleaning shall include, but not limited to, cleaning the restroom and windows, sweeping and mopping the floors, picking up litter, emptying trash receptacles and dusting. (c.) Determine if any Park facilities require maintenance and reporting these to the Director of Parks & Recreation or his/her designee. (d.) Determine whether or not any person has failed to comply with rules and regulations relating to the use of the Park, and address those that Contractor has authority to handle, otherwise recruit the appropriate authority. (e.) Assist campers with problems. (f.) Promote Grapevine by informing customers of history of City and what the City has to offer. (g.) Distribute park rules to customers. (h.) Report all disturbances the Contractors are unable to control to the Grapevine Police Department. The Contractors shall not attempt to apprehend violators. (i.) The Contractors shall be responsible for keeping a written record of complaints by customers and keep records of the number of campsites rented. The Contractors shall be responsible for the sales of such products as ice, firewood and other supplies provided by the City. B. DUTIES AND OBLIGATIONS OF THE CITY. City shall provide to Contractors; 1 A site for the self-contained trailer which will include utilities and a communications system (i.e. radio). Telephone service shall not be provided by the City, but should be available upon request by the Contractors to the appropriate telephone company. 2. A logbook, notebook, pen, paper, and all handout material. 3. Shirt and name tag identification. 4. Supplies such as trash bags, toilet paper, cleaning and office supplies to properly maintain facilities in performance of Contractor's job duties. 0:\,EVANS\Corp of EngineersTark attendant contractl 09/10/02 Page 2 of 4 C. ADDITIONAL TERMS OF AGREEMENT 4) 1. This agreement shall commence on the 1St day of October, 2002 and shall expire on the 31St day of March, 2003. 2. This Agreement may be terminated by the Contractors by giving at least thirty days written notice to the Director of Parks & Recreation or his/her designee. This Agreement may be terminated by the City with or without cause by giving the Contractor at least 30 days written notice. Additionally, the City may terminate this Agreement immediately and without notice upon the happening of any of the following: (a.) The conviction of Contractor of any felony, or of any misdemeanor involving moral turpitude; or (b.) The failure of Contractors to diligently or properly perform Contractor's duties under this Agreement. 3. Payment to the Contractors shall be on a monthly basis at a rate of $ 75 per day payable on or about the first Wednesday following the end of the month. 4. The Contractor shall notify the Director of Parks & Recreation or his/her designee of any anticipated absences. If the Contractors are absent, the Contractors are responsible for providing a replacement to perform his/her duties. Failure to provide proper coverage when absent will result in a reduction of Contractor's pay for the period of absence. 5. Contractors shall present a neat and clean appearance while on duty. 6. Contractors shall abstain from the use of alcoholic beverages and or controlled substances while on duty. 7. Contractors shall not construct or place in the campground any dog pens, horse corrals, poultry cages or similar facilities for pets or raising of animals. All pets of the Contractors shall be confined or on a leash of six feet (6) or less in length. Pets will not be allowed in the gatehouse. 8. The Contractors shall be required to furnish a Business Services, Fidelity or Dishonesty bond for the minimum amount of Five Thousand and No/100 Dollars ($5,000). The Contractors shall furnish the bond prior to any work performed via this contract. The Contractors shall be reimbursed for the cost of the bond on their first invoice at the beginning of each term. The cost of the bond shall be shown as a separate line item on the invoice. The City OAEVANSTorp of EngineersTark attendant contractl 09/10/02 Page 3 of 4 shall not reimburse additional charges for credit reports. If the City exercises an option period, the Contractors must provide the bond before the first day of work of any option period. D. STATUS OF CONTRACTOR 1 It is the intention of the parties that Contractors shall be an independent contractors and not an employee of the City for all purposes, including but not limited to, the application of the Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Act, provisions of the Internal Revenue Code. City will abstain from payment of Workers Compensation Insurance on Contractor. Contractor shall coordinate scheduled task with the Director of Parks & Recreation or his/her designee. Contractors have represented to the City that Contractors are individuals, and will be required to pay federal self-employment taxes upon amounts received under this Agreement. 2. Indemnification: The Contractors shall indemnify the City, its officers, employees and agents against, and hold the City, its officers, employees and agents harmless from, any and all liability, suits claims, actions, causes of action costs, expenses or fees (including reasonable attorney's fees) for any injury to or the death of any person, damage to, or destruction of any property resulting from resulting from or based upon, in whole or in part, any act or omission of Contractors, his or her agents / employees, under this Agreement. The provision of this paragraph shall survive the termination of this agreement. 3. Assignment: Contractors shall not assign any of its rights and obligations pursuant to this Agreement, without the express written consent of the Director of Parks & Recreation or his/her designee. 4. City Ordinances: This Agreement is subject to all City Ordinances presently in force and any Ordinances, which the City Council may pass in the future. AGREED to on this the day of _, 2002 THE CITY OF GRAPEVINE: PARK ATTENDANTS: 0:\EVANS\Corp of EngineersTark attendant contractl 09/ 10/02 Page 4 of 4 SILVER LAKE CAMPGROUND 40 PARK ATTENDANT AGREEMENT This Park Attendant Agreement ("Agreement") is entered into by the City of Grapevine, Texas, hereinafter referred to as the "City", and Denver and Joan Buchanan, hereinafter referred to as the "Contractors". WHEREAS, The City desires to engage the services of Contractors for the purposes set forth herein, as independent contractors and not as employees. NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein made and the benefits flowing to the parties hereto, the City and the Contractors, do hereby contract and agree as follows: A. DUTIES AND OBLIGATIONS OF CONTRACTORS. Contractors shall serve as Park Attendants at Silver Lake Campground (the "Campground") located in the City. As Park Attendants, the Contractors shall: 1. Provide a self-contained trailer (the type and design of which shall be subject to the approval of the Director of Parks & Recreation or his/her designee) that shall be parked near the entrance of the campground at a location to be designated by the Director of Parks & Recreation or his/her designee. Contractor will maintain the area around the self-contained trailer in a clean, uncluttered and sanitary condition at all times. Contractor shall base the performance of this Agreement from that trailer. 2. Provide surveillance in the park Friday, Saturday and Sunday and be responsible for operation of the gatehouse in accordance with the Director of Parks & Recreation or his/her designee. The Contractors shall be responsible for managing the gatehouse from 8 AM through 8 PM, Friday, Saturday and Sunday. 3. The management of the campground by the Contractors shall include the following functions. (a.) Taking reservations and collecting fees for campsites, pavilion rentals and boat ramp stickers. The Contractors shall be responsible for reconciling the monies collected daily. (b.) Maintaining the gatehouse, both inside and outside, in a clean, orderly and sanitary condition. The gatehouse shall be thoroughly cleaned at the end of each shift. Cleaning shall include, but not limited to, cleaning the O:\EVANS\Corps of EnginnersTark attendant contract2 09/10/02 Page 1 of 4 restroom and windows, sweeping and mopping the floors, picking up litter, emptying trash receptacles and dusting. (c.) Determine if any Park facilities require maintenance and reporting these to the Director of Parks & Recreation or his/her designee. (d.) Determine whether or not any person has failed to comply with rules and regulations relating to the use of the Park, and address those that Contractor has authority to handle, otherwise recruit the appropriate authority. (e.) Assist campers with problems. (f.) Promote Grapevine by informing customers of history of City and what the City has to offer. (g.) Distribute park rules to customers. (h.) Report all disturbances the Contractors are unable to control to the Grapevine Police Department. The Contractors shall not attempt to apprehend violators. (i,) The Contractors shall be responsible for keeping a written record of complaints by customers and keep records of the number of campsites rented. The Contractors shall be responsible for the sales of such products as ice, firewood and other supplies provided by the City. B. DUTIES AND OBLIGATIONS OF THE CITY. City shall provide to Contractors; 1 A site for the self-contained trailer which will include utilities and a communications system (i.e. radio), Telephone service shall not be provided by the City, but should be available upon request by the Contractors to the appropriate telephone company. 2. A logbook, notebook, pen, paper, and all handout material. 3. Shirt and name tag identification. 4. Supplies such as trash bags, toilet paper, cleaning and office supplies to properly maintain facilities in performance of Contractor's job duties. C. ADDITIONAL TERMS OF AGREEMENT 0:\EVANS\Corps of EnginnersTark attendant contract2 09/10/02 Page 2 of 4 1. This agreement shall commence on the 1 st day of October, 2002 0 and shall expire on the 31 st day of March, 2003. 2. This Agreement may be terminated by the Contractors by giving at least thirty days written notice to the Director of Parks & Recreation or his/her designee. This Agreement may be terminated by the City with or without cause by giving the Contractor at least 30 days written notice. Additionally, the City may terminate this Agreement immediately and without notice upon the happening of any of the following: (a.) The conviction of Contractor of any felony, or of any misdemeanor involving moral turpitude; or (b) The failure of Contractors to diligently or properly perform Contractor's duties under this Agreement. 3. Payment to the Contractors shall be on a monthly basis at a rate of $75 per day payable on or about the first Wednesday following the end of the month. 4. The Contractor shall notify the Director of Parks & Recreation or his/her designee of any anticipated absences. If the Contractors are absent, the Contractors are responsible for providing a a replacement to perform his/her duties. Failure to provide proper coverage when absent will result in a reduction of Contractor's pay for the period of absence. 5. Contractors shall present a neat and clean appearance while on duty. 6. Contractors shall abstain from the use of alcoholic beverages and or controlled substances while on duty. 7. Contractors shall not construct or place in the campground any dog pens, horse corrals, poultry cages or similar facilities for pets or raising of animals. All pets of the Contractors shall be confined or on a leash of six feet (6) or less in length. Pets will not be allowed in the gatehouse. 8. The Contractors shall be required to furnish a Business Services, Fidelity or Dishonesty bond for the minimum amount of Five Thousand and No/100 Dollars ($5,000). The Contractors shall furnish the bond prior to any work performed via this contract. The Contractors shall be reimbursed for the cost of the bond on their first invoice at the beginning of each term. The cost of the bond shall be shown as a separate line item on the invoice. The City O:\EVANS\Corps of EnginnersTark attendant contract2 09/10/02 Page 3 of 4 shall not reimburse additional charges for credit reports. If the City exercises an option period, the Contractors must provide the bond before the first day of work of any option period. D. STATUS OF CONTRACTOR It is the intention of the parties that Contractors shall be an independent contractors and not an employee of the City for all purposes, including but not limited to, the application of the Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Act, provisions of the Internal Revenue Code. City will abstain from payment of Workers Compensation Insurance on Contractor. Contractor shall coordinate scheduled task with the Director of Parks & Recreation or his/her designee. Contractors have represented to the City that Contractors are individuals, and will be required to pay federal self-employment taxes upon amounts received under this Agreement. 2. Indemnification: The Contractors shall indemnify the City, its officers, employees and agents against, and hold the City, its officers, employees and agents harmless from, any and all liability, suits claims, actions, causes of action costs, expenses or fees (including reasonable attorney's fees) for any injury to or the death of any person, damage to, or destruction of any property resulting from resulting from or based upon, in whole or in part, any act or omission of Contractors, his or her agents / employees, under this Agreement. The provision of this paragraph shall survive the termination of this agreement. 3. Assignment: Contractors shall not assign any of its rights and obligations pursuant to this Agreement, without the express written consent of the Director of Parks & Recreation or his/her designee. 4. City Ordinances: This Agreement is subject to all City Ordinances presently in force and any Ordinances, which the City Council may pass in the future. AGREED to on this the THE CITY OF GRAPEVINE: 0AEVANS\Corps of EnginnersTark attendant contract2 09/10/02 day of _, 2002 Page 4 of 4 LAKE GRAPEVINE FEE COLLECTIONXM EADOWM ERE PARK MAINTENANCE AGREEMENT This Fee Collection\Meadowmere Park Maintenance Agreement ("Agreement") is entered into by the City of Grapevine, Texas, hereinafter referred to as the "City", and Bill and Joyce Arrington, hereinafter referred to as the "Contractors". WHEREAS, The City desires to engage the services of Contractors for the purposes set forth herein, as independent contractors and not as an employees. NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein made and the benefits flowing to the parties hereto, the City and the Contractors, do hereby contract and agree as follows: A. DUTIES AND OBLIGATIONS OF CONTRACTORS. Boat Ramps\Silver Lake Campground The Contractors shall collect fees at the boat ramps at the following sites: Katie's Woods, Scotts Landing, Sand Bass, Trawick, Dove Loop, McPherson, Lakeview North, Lakeview South and Meadowmere. Each of these boat ramps is served with an honor pay vault. The Contractors shall also collect fees from the Silver Lake Campground. The Contractors shall collect fees at the boat ramps four (4) days per week (Friday, Saturday, Sunday and Monday) from April 1St through September 30th and one (1) day per week from October 1St through March 30th. The Contractors shall also collect fees at Silver Lake Campground on Mondays and Fridays of each week. The Contractors shall also be responsible for reconciling the monies collected and dropping off the monies at a site agreed upon with the City. The Contracts shall also perform routine audits at the boat ramps utilizing a method developed by the City and agreed upon by the Contractors. Meadowmere Park The Contractors shall be required to maintain the grass around the picnic stations, beach and play area at a maximum height of three (3) inches. The Contractors shall also be required to pick up litter at the picnic stations, play area and boat ramp at Meadowmere Park two (2) times per week from April 1 St through September 30th and one (1) time per week from October 1St through March 30th. The City shall provide all equipment and supplies necessary to do maintenance at Meadowmere Park. The Contractors shall also be responsible for the following. 1. Provide a self-contained trailer (the type and design of which shall be subject to the approval of the Director of Parks & Recreation or O:\EVANS\Corps of EngineersTee Collection contract2 09/10/02 Page 1 of 4 his/her designee) that shall be parked near the entrance of the campground at a location to be designated by the Director of Parks & Recreation or his/her designee. Contractors will maintain the area around the self-contained trailer in a clean, uncluttered and sanitary condition at all times. Contractors shall base the performance of this Agreement from that trailer. 2. Report all disturbances the Contractors are unable to control to the Grapevine Police Department. Contractors shall not attempt to apprehend violators. 3. The Contractors shall be required to furnish a Business Services, Fidelity or Dishonesty bond for the minimum amount of Five Thousand and No/100 Dollars ($5,000). The Contractors shall furnish the bond prior to any work performed via this contract. The Contractors shall be reimbursed for the cost of the bond on their first invoice at the beginning of each term. The cost of the bond shall be shown as a separate line item on the invoice. The City shall not reimburse additional charges for credit reports. If the City exercises an option period, the Contractors must provide the bond before the first day of work of any option period. B. DUTIES AND OBLIGATIONS OF THE CITY. City shall provide to Contractor; 1. A site for the self-contained trailer which will include utilities, including telephone. 2. Equipment and supplies necessary to perform maintenance duties at Meadowmere Park as specified in this agreement. C. ADDITIONAL TERMS OF AGREEMENT 1 This agreement shall commence on the 1" day of October, 2002 and shall expire on the 30th day of September, 2003. 3. This Agreement may be terminated by the Contractors by giving at least thirty days written notice to the Director of Parks & Recreation or his/her designee. This Agreement may be terminated by the City with or without cause by giving the Contractors at least 30 days written notice. Additionally, the City may terminate this Agreement immediately and without notice upon the happening of any of the following: 0:TVANS\Corps of EngineersTee Collection contract2 09/10/02 Page 2 of 4 (a.) The conviction of Contractors of any felony, or of any misdemeanor involving moral turpitude; or (b.) The failure of Contractors to diligently or properly perform Contractor's duties under this Agreement. 4. Payment to the Contractors shall be on a monthly basis at a rate of $55 per day payable on or about the first Wednesday following the end of the month. 5. The Contractors shall notify the Director of Parks & Recreation or his/her designee of any anticipated absences. If the Contractors are absent, the Contractors are responsible for providing a replacement to perform his/her duties. Failure to provide proper coverage when absent will result in a reduction of Contractor's pay for the period of absence. 6. Contractors shall abstain from the use of alcoholic beverages and or controlled substances while on duty. 7. Contractors shall not construct or place in the park any dog pens, horse corrals, poultry cages or similar facilities for pets or raising of animals. All pets of the Contractor shall be confined or on a leash of six feet (6) or less in length. Pets will not be allowed in the gatehouse. D. STATUS OF CONTRACTOR 1. It is the intention of the parties that Contractors shall be independent contractors and not an employees of the City for all purposes, including but not limited to, the application of the Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Act, provisions of the Internal Revenue Code. City will abstain from payment of Workers Compensation Insurance on Contractors. Contractors shall coordinate scheduled task with the Director of Parks & Recreation or his/her designee. Contractors have represented to the City that Contractors are individuals, and will be required to pay federal self- employment taxes upon amounts received under this Agreement. 2. Indemnification: Contractors shall indemnify the City, its officers, employees and agents against, and hold the City, its officers, employees and agents harmless from, any and all liability, suits claims, actions, causes of action costs, expenses or fees (including reasonable attorney's fees) for any injury to or the death of any person, damage to, or destruction of any property resulting from resulting from O:\EVANS\Corps of EngineersTee Collection contract2 09/10/02 Page 3 of 4 or based upon, in whole or in part, any act or omission of Contractors, his or her agents / employees, under this Agreement. The provision of this paragraph shall survive the termination of this agreement. 3. Assignment: Contractors shall not assign any of its rights and obligations pursuant to this Agreement, without the express written consent of the Director of Parks and Recreation Director or his/her designee. 4. City Ordinances: This Agreement is subject to all City Ordinances presently in force and any Ordinances, which the City Council may pass in the future. AGREED to on this the day of _, 2002 THE CITY OF GRAPEVINE: CONTRACTORS: 0:\EVANS\Corps of EngineersTee Collection contract2 09/10/02 IN FY 2002-2003 REVENUE SUMMARY Campground Fees $ 130,000.00 Boat Ramp Fees $ 25,000.00 Trawick Pavilion Rentals $ 9,000.00 REVENUE GRAND TOTAL $ 164,000.00 EXPENDITURE SUMMARY PROPERTIES Oak Grove Silver Lake Meadowmere Gate Attendant Contract $ 28,000.00 $ 28,000.00 Fee Collection Contract $ 7,500.00 $ 7,500.00 n.Cleaning Contract $ 7,000.00 $ 6,200.00 $ 630.00 $ 13,830.00 `. Litter Pick -Up Contract $ 11,400.00 $ 18,200.00 $ 29,600.00 Mowing Contract $ 12,000.00 $ 10,000.00 $ 1,500.00 $ 23,500.00 Miscellaneous Maintenance $ 14,000.00 $ 14,000.00 $ 14,000.00 $ 42,000.00 Misc. Office Supplies/Materials $ 7,500.00 $ 7,500.00 PARK TOTALS $ 44,400.00 1 $ 83,900.00 $ 23,630.00 EXPENDITURE GRAND TOTAL $ 151,930.00 NET $ 12,070.00