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HomeMy WebLinkAboutContract 24843 CITY SECRETARY CONTRACT NO 1-/NO. DACW63-1-98-0699 (FORMERLY LICENSE NO. DA-41-443-CIVENG-38) DEPARTMENT OF THE ARMY LEASE TO NON-STATE GOVERNMENTAL AGENCIES FOR PUBLIC PARK AND RECREATIONAL PURPOSES LONGHORN PARK BENBROOK 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 Fort Worth, a political subdivision in the State of Texas, 1000 Throckmorton Street, Fort Worth, Texas 76102 , 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 Exhibits A, A-1, and B, attached hereto and made a part hereof, hereinafter referred to as the premises, for public park and recreational purposes. THIS LEASE is granted subject to the following conditions: 1. TERM Said premises are hereby leased for a term of Twenty-five years, beginning on 31 March 1999 and ending 30 March 2024 . 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 Fort Worth, 1000 Throckmorton Street, Fort Worth, 1"exas 76102; and, if to the United States, to the District Engineer, ATTN. Chief, Real Estate Division, ATTN: CESWF-RE, Post Office Box r P P KUM pii HER', ,,, Ulm N 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 C 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 July 15th 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. -LtV4 e. Budget of he Lessee for carrying out a-11 aCti ies for the upcoming year. f. Personnel to be used in the management of the 'Leased premises. q. Annual certification that all water and sanitary systems on the premises have been inspected and com-ply 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 Arr,,ericans 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 D and made a part hereof . Upon the expiration, revocation, or termination of this lease, another inventory and condition report shall be similarly prepared. This report shall constitute the basis for settlement for property damaged or destroyed. Any such property must be either replaced or restored to the condition required by the Condition on PROTECTION OF PROPERTY. 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, accom-modations', 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 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 OIL 4: the District Engineer, 4 rep mbursement may be made therefor by the Lessee _Ln an atriount 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 $1, 000, 000 , 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 IL--.he Lessee 4s self-insured, the Lessee shali- ce.-tify sca.Ch self-4nsurance in writting 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 rece 4V4 ng a L j- t-ype of Fedel-al assistance and, thereffo-re, hereby gives assurance that it will comply with the provisions of Title V! of the Civil Rights Act of 1964, as amended (42 U. S .C. § 2000d) ; the Age Discrimination Act of 1-975 (42 U.S .C. § 61-02) ; the Rehabi-L 4 tation 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 ,--FR 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 4.n writing of such intent . Future requests by the Lessee to extend the lease, expand the premises, modify authorized activities, or assign gn 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 Tuessee by giving one year pro or written no+-ice to the District Engineer in t-he 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 organizat-ions under special use permits issued in conjunc tion with special events, if permissible by state and local law. Any request to conduct such activities must be submitted in writing to the District stri ct Engineer. C. in accordance with state and local laws and reguiat4ons, 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 $100, 000 is not a claim under the Act until certified as required by subparagraph c. (2) below. C. (1) A claim by the Lessee shall be made in writing and submitted to the District Engineer for a written decision. A -L - claim b-v the Government against- the Lessee shall be subject to a written decision by the District Engineer. (2) For Lessee clams exceeding $100, 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: W 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 $100, 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 (211 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 in the Act, which is applicable to the period during provided 1� 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, 4 claim, appeal, or action ari S_Lng under the lease, and comply with any deC4sion of the District En—Jneer 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 E. 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 comQarison 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, architect=-ural or other cultural artifacts, rel4CS, remains, or objects of ant icrulity. 'rLn 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 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 incorporated company if the lease be for the aeneral 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 . ADDED CONDITIONS a. The outlet and discharge channels are located below the stilling basin and the uncontrolled spillway, respectively, and are located within the leased area. The right is hereby expressly reserved to the United States, its officers, agents and employees, to repair, maintain, flood and/or modify said channels and their appurtenances, as deemed necessary by said District Engineer. b. The lessee shall construct no structures or facilities within fifty (50) feet of the toe of the embankment of the Benbrook Dam structure. Prior to execution of this lease, Condition No. 36 was added. All other conditions remain the same and in full force and effect. IN WITNESS WHEREOF I have here to set my hand by authority of the "I I - �X -&- Secretary of the Army this day of H 'ij CHIC,I RE A,L ESTATE DIVISION THIS LEASE is -also executed by the Lessee this clay of THE CIT ,/OF FORT WORTH BY �Ll 14140 V Title P AS TO FORK AIM LDGALITYL A-asiE!tmt City Me ATTESTED BY XA contract Authorization Date ��m. ERTIFICATE OF AUTHORITY �Y# certify that I am the of the City of Fart Worth, that who signed the foregoing instrument on behalf of the City of Fort Worth was then a4;•- fitiof the City of Fort Worth. I further certify that the said officer was acting within the scope . of powers delegated to this officer by the governing body of the City of Fort Worth in executing said instrument . Date I, Clerk of Appropriate Official BENBROOK LAKE TARRANT COUNTY, TEXAS LEASE 651 .91 ACRES A tract of land situated in the Southwest part of Tarrant County, Texas, being part of the John F. Heath Survey (A-641), Jesse Bartlett Survey (A-187), John Rickals Survey (A-1277), Joseph A. Dunham Survey (A-409), John A. Bowers Survey (A-86), Abner H. Hodge Survey (A-1790) and the James Reasoner Survey (A-1325). FROM a COE monument A-14-1 (offset 25' from centerline of Dirks Road or County Road No.1043); THENCE West 23.43 feet to its intersection with the Northeast side of Lakeside Drive; THENCE North 44'25'00" West, 847.43 feet along the Northeast side of Lakeside Drive; THENCE North 40'55'00" West, 836.11 feet along the Northeast side of said road to the POINT OF BEGINNING; THENCE North 08'11 '52" West, 688.58 feet along the Northeast side of said road to a point; THENCE along a curve to the left whose radius is 257.14 feet, an arc distance of 139.23 feet (chord bears North 27'24'03" West, 137.53 feet); THENCE East, 283.35 feet to a point due South from COE monument A-12; THENCE North, 654.40 feet to COE monument A-12 and the Southeast corner of the 1 .704 acres tract described in the deed to the City of Fort Worth recorded in Volume 9907, Page 1088 of Deed Records; THENCE North 89'27'00" West, 101 .20 feet to COE monument A-1 1 and being the Southwest corner of said John Rickals Survey; THENCE North 11*02'00" East, 1494.90 feet to COE monument A-10; THENCE North 22'03'00" East, 1019.50 feet to COE monument A-9; THENCE North 5211100" West, 153.00 feet to a point in the center line of a branch of Clear Fork of the Trinity River, THENCE along the meanders of said center line of branch (approximately described as follows: North 33*00'00" East, 98.00 feet, North 1830'00" East, 63.00 feet, North 11'20'00" West, 51 .00 feet, North 48120'00" West, 60.00 feet, North, 25.10 feet, North 69"30'00" East, 43.00 feet, North 26'30'00" East, 34.00 feet, North 08'30'00" West, 101 .00 feet) a total distance of 475.10 feet, more or less, to a IE )Qilhi'l point in the center line of Clear Fork of Trinity River; THENCE along the meanders of said center line of Clear Fork (approximately described as follows: North 88'00'00" West, 275.00 feet, North 69030'00" West, 171 .00 feet, North 10145'00" East, 214.00 feet, North 04020'00" East, 261 .00 feet, North 2945'00" West, 161 .00 feet, North 46'20'00" West, 152.00 feet, North 62'44'00" West, 165.90 feet) a total distance of 1399.90 feet, more or less, to a point; THENCE departing center line of Clear Fork, North 10*15'00" East, 408.00 feet to COE monument A-6; THENCE North 88"53'00" West, 689.53 feet to COE monument A-5; THENCE South 83'45'00" West, 2154.20 feet to a public road running Northeast-Southwest; THENCE along common line between Wm. Monning and A. G. Carter property and the E. G. Hall Estate property, South 83045'00" West, 4195.50 feet to COE monument A-3-1 ; THENCE North 64'14'00" West, 264.41 feet to a point; THENCE South 43048'00" West, 534.65 feet to the North side of the Corp of Engineers service road; THENCE in a Southeasterly direction along the North side of the service road, continuing past the spillway area, approximately 9033 feet to the POINT OF BEGINNING, containing 651 .91 acres, more or less. 2 F, & 41 , E i i I I, I I E t 3 M M O N v a+ w e I J N N � W Z N W �Vf U5 U a "Ia w w?Pw p ¢O D V Q W W 3 3 0 6M °0 0 p O a U U S � p O O O o a 4Q C Z O O O O p 0 Wg (V Nt M z Z tiJ z m v N Z Z 2 Z Z Z Z Z Z 1 1 1 1 O � ° W O O N O I Y 1 1 1 1 1 O O O° � Q O Ut V Q 1 1 O O 0 0 0 0 0- WO ON iv t- 4°4 z 0 p O O O M 4 to c0 U m W •6 r N O z O 'Z Z P1• aO ; m N N 3 Z m ti� s 0�•Fpo a° o o JC. 2'2 W R �� u 6t�t o 3"Oo IOetlN o po 06."6 01 z ¢ O 0 0 6 0 N Q O 000 p Z p t N M O N e Z n 0 M ¢ m W O 4 'f'1 Z V M p N o z z z z ° .° O• o N H u 0 W m 1 m 0 0 0 O W = J Q o 3 _° N O V �Zl Ogg Z ON W i 0 N OQ N W N m Q ¢ O � V V � w u U i 0' W t � li Q0 d W Z O c 0 i M N } i 4� 0Z i I i i I iW 1 Ld o �7 w Lj E-4 pp 7.1 ------ -------- 10 -A ir Is A eNgR00 k �T 3 h A App`rlON op +x .j � ,Y p ngaEkxy to - �E`t ! l f u�45Cpi Sid s + �kWAY CHdNN�'y � i `� r A l f• _ + r r�. r u " ..r , x G All VL a idel . 6r r JOINT SURVEY AND INSPECTION OF CONDITION OF GOVERNMENT LEASED PROPERTY INSTRUCTIONS 1. If considered necessary,use a separate ENG details of buildings-,service facilities;inventory of Fort.-.3143a for each room surveyed. machinery and equipment;miscellaneous items and general remarks not otherwise covered in section 11 2. Additional sheets may be attached for physical of this form or on ENG Form 3143a. characteristics of land mid buildings;exterior and interior ADDED INSTRUCTIONS (Overprint,if desires) SECTION 1 -PROPERTY DATA AND CONDITION AGREEMENT DATE OF SURVEY LEASE NO, LEASE COMMENCEMENT DATE DATE POSSESSION TAKEN 24 June 1998 DACW63-1-98-0699 1962 ACTIVITY TOTAL LEASED BUILDING AREA(Square feed City of Fort Worth I DESCRIPTION AND LOCATION OF PROPERTY City of Fort Worth, Benbrook Lake, Texas See attached sheet for list of structures 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 to the date of the survey,the condition of the property is as described herein. THE CONDITION OF THE EXTERIOR OF THE PROPERTY IS 1NDICATED ON THE REVERSE SIDE OF NO.OF ATTACHMENTS THIS FORIA, ROOM CONDITIONS ARE INDICATED ON ATTACHED ENG FORT 3143k 2 pages NAME AND SIGNATURE OF OWNER [X]LESSORILESSEE AGENT NAME,TITLE AND SIGNATURE OF U,S.GOVERNMENT REPRESENTATIVE fi J "e, ESS DD 4 ORGANIZATION 47 F Pecan Valley existing improvements All property is in good condition, while considering the individual remarks below: Description Type Number Toilets. Concrete block Vault two Both these toilets remain in use, and in satisfactorily maintained condition. Well House concrete block one facility Water Well drilled one, 5" x 240' Well Casing pipe 224 linear feet, 4.5" Water pump submerged one, 1.25" discharge Motor electric one, 2 HP Pressure tank steel one, 120 gallon The original water well on the lease area is not in use. In 1997, at the Corps' request to comply with the our ERGO environmental compliance program, the well was taken out of service. This was done in accord with Texas Natural Resource Conservation Commission regulations. Most of the above components were removed and disposed of at that time, although the concrete block building remains. Water line galvanized 2,850 linear feet @1.25" Water line galvanized 300 linear feet @ 0.75' Water lines from the above well facility are buried and may not be inspected directly. The original lines have been tied into the current supply and distribution system from the golf course. They are in use and in satisfactory condition. Fountains concrete 5 Spigots self-closing 10 There are currently twelve fountains on the lease area. Only two of these are the original concrete fountains. Of the ten on the golf course, several are at the original locations, but have been upgraded. Picnic tables, and concrete 22 benches, on concrete 44 slab concrete 22 Many table facilities have been replaced over the years. Currently there are ten of the original concrete tables, with twenty benches, still remaining on the lease area. There are thirty-four tables total (ten original, twenty-four replacement) in the park, so ten slabs and tables are gone. Cookers concrete horseshoe 22 @w/ 2'6" opening There are no remaining concrete cookers. All nineteen cookers in the park are metal cookers installed by the city. Page 2 - Pecan Valley existing improvements Description Type Number Receptacles, trash metal 22 There are at this time twenty-three trash receptacles in just the park area, with additional receptacles on the golf course. Roads, Corps gravel 1.9 miles, 20" width Roads, Tarrant County paved asphalt 2.5 miles, 20' width Parking space gravel 1,900 sq. yd. All current roads within the lease area are paved, there are no remaining gravel roads or parking. At this time, Lakeside Drive and Winscott Road comprise approximately 2.2 miles of through, public roadway, originally outgranted to Tarrant County but currently maintained by the City of Fort Worth. Also on the lease area are approximately 2.0 miles of paved loops and park access road. There is approximately 18,000 square yards of paved parking space. In consideration of these current conditions, I would estimate that the original roadway and parking areas are in use, and have been maintained. PRELIMINARY ASSESSMENT SCREENING 1 . REAL PROPERTY TRANSACTION: The Corps proposes to issue a lease to the City of Fort Worth for use of real estate owned by the U.S . Government at Benbrook Lake, Texas . The proposed lease is for Longhorn Park . The lease will be issued beginning on date executed by the Government . 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) Benbrook Lake 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 on 30 June 1998 by Terry Schmidt, Benbrook Lake, 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 easement area was made as stated in l . a above . The records search revealed no evidence of any hazardous substance being stored, released or disposed of on the property involved. 4 - 1"he operating plans and historical records also showed no other evidence of any activity which would have contaminated the property with hazardous substances . b. SITE INVESTIGATION SUMMARY A site investigation of the proposed area was made as stated in 1 .b. above . This visual inspeCt4on 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 except for those substances noted in the latest ERGO report . Project personnel has no other knowledge of past activities which might have created a hazardous situation. Prepared by: Gerri Barsotti Date// Approved by: Hy J. ad Dad / 4� Chief, Real Estate Division City of Fort Worth Texas 0 "Quor a"d cou"Cit col"Ings Iratio" DATE REFERENCE NUMBER LOG NAME I PA(-,F 3/30/99 L-1 2468 80PECAN 1 of 2 SUBJECT I AUTHORIZE LEASE AGREEMENT WITH THE SECRETARY OF THE ARMY FOR PECAN VALLEY - LONGHORN PARK RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a 25-year lease with the Secretary of the Army for public park and recreational purposes at Pecan Valley - Longhorn Park. DISCUSSION: The City of Fort Worth entered into a license agreement in 1962 with the U. S. Army Corps of Engineers to operate Pecan Valley Park. The license agreement allowed the City to operate the property as a public park and for recreational purposes. The agreement was for 50 years, terminating July 31, 2012. On June 23, 1998 (M&C C-16850), the City Council authorized the City Manager to release approximately 50 acres from the Corps of Engineers license agreement. The released property was located due east of the property developed and maintained as Pecan Valley Golf Course - River Course. The Parks and Community Services Department had held the subject property as reserved and unprogrammed open space. The release of this portion of the license agreement allowed the Corps of Engineers to advertise and consider the sale of this federally owned property. To ensure clear title may be provided by the Corps of Engineers on the released property, the Corps of Engineers has proposed the termination of the original license agreement and execution of a new 25- year lease. The base terms of the lease agreement remain the same as the original agreement and the new termination date will be March 30, 2024. The net effect is the addition of 12 years to the termination date. On March 23, 1999, the Parks and Community Services Advisory Board voted to concur with staffs recommendation to the City Council to enter into a 25-year lease with the Secretary of the Army for public park and recreational purposes at Pecan Valley - Longhorn Park. This project is located in COUNCIL DISTRICT 3 and the City of Benbrook. City of Fort Worth., Texas "affor and counc�it col"Inunication DATE REFERENCE NUMBER LOG NAME PAGE 3130199 L-12468 1 80PECAN 1 2 of 2 SUBJECT AUTHORIZE LEASE AGREEMENT WITH THE SECRETARY OF THE ARMY FOR PECAN VALLEY - LONGHORN PARK FISCAL IbIFORMATI!2N/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. LW:k Submitted for City Maeager's WND ACCOUNT CENTER AMOUNT CITY SECRETARY office by: (to) Libby Watson 6183 PROVED originating Department Head: CITY COUNCIL Richard Zavala 5704 (from) MAR 30 of the Pichwd Zavala 5 704 ro"