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HomeMy WebLinkAboutContract 62629LEASE NO. DACW63-1-25-0503 Replaces No. DACW63-1-98-0699 Page 1 of 26 DEPARTMENT OF THE ARMY LEASE TO NON-STATE GOVERNMENTAL AGENCIES FOR PUBLIC PARK AND RECREATIONAL PURPOSES BENBROOK LAKE TARRANT COUNTY, TEXAS THIS LEASE, 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, 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 – MAP and B – LEGAL DESCRIPTION, 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 (25) years, beginning March 31, 2024 and ending March 30, 2049. 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 notices and correspondence to be given pursuant to this lease shall be addressed, if to the Lessee, to City of Fort Worth, 4200 South Freeway, Suite 2200, Fort Worth, Texas 76115-1499; and if to the United States, to the Real Estate Contracting Officer, Attention: Chief, Real Estate Division, ATTN: CESWF-RE-M, Post Office 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 LEASE NO. DACW63-1-25-0503 Page 2 of 26 enclosed in a properly sealed envelope addressed as aforesaid, and deposited, postage prepaid, in a post office regularly maintained by the United States Postal Service. 4. AUTHORIZED REPRESENTATIVES Except as otherwise specifically provided, any reference herein to "Secretary", "Real Estate Contracting Officer ", or "said officer" shall include their duly authorized representatives. Any reference to "Lessee" shall include any sub-lessees, assignees, transferees, successors and their 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 sub- lessees. 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 Real Estate Contracting Officer. 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 sub-lessees. 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. LEASE NO. DACW63-1-25-0503 Page 3 of 26 h. The use and occupation of the Premises shall be subject to the general supervision and approval of the Real Estate Contracting Officer. During the term of the lease, the Real Estate Contracting Officer will notify the Lessee of any updates to the existing project Master Plan affecting the Premises and the Lessee may provide comments. 6. STRUCTURE 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, no 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 Real Estate Contracting Officer. The Real Estate Contracting Officer 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. LEASE NO. DACW63-1-25-0503 Page 4 of 26 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 Real Estate Contracting Officer 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 Real Estate Contracting Officer. 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 Real Estate Contracting Officer. 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 sublessees 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 Real Estate Contracting Officer, 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. LEASE NO. DACW63-1-25-0503 Page 5 of 26 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 Real Estate Contracting Officer. The Lessee shall establish and maintain accurate records and accounts and provide an annual statement of receipts and expenditures to the Real Estate Contracting Officer. 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 Real Estate Contracting Officer 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 Real Estate Contracting Officer 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 Real Estate Contracting Officer, or at the election of the Real Estate Contracting Officer, reimbursement may be made therefore by the Lessee in an amount necessary to restore or replace the property to a condition satisfactory to the Real Estate Contracting Officer. 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. LEASE NO. DACW63-1-25-0503 Page 6 of 26 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 Real Estate Contracting Officer 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 $250,000, whichever is greater, for any number of parsons 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 Real Estate Contracting Officer a copy of the policy or policies, or, if acceptable to the Real Estate Contracting Officer, certificates of insurance evidencing the purchase of such insurance. The Real Estate Contracting Officer 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 Real Estate Contracting Officer 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 Real Estate Contracting Officer. 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 Real Estate Contracting Officer 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 LEASE NO. DACW63-1-25-0503 Page 7 of 26 Premises to a condition satisfactory to the Real Estate Contracting Officer. 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 Real Estate Contracting Officer 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 Real Estate Contracting Officer, said property shall either become the property of the United States without compensation therefor, or the Real Estate Contracting Officer may cause the property to be removed and no claim for damages against the United States or its officers or agents shall be created by or made on account of such removal and restoration work. The 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, sublesses 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 Real Estate Contracting Officer, interfere with developments, present or proposed, by the Lessee. The Lessee will not close any established access routes without written permission of the Real Estate Contracting Officer. LEASE NO. DACW63-1-25-0503 Page 8 of 26 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 said 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 law. 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 Real Estate Contracting Officer. 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 Real Estate Contracting Officer 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 Real Estate Contracting Officer, 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 Real Estate Contracting Officer 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- LEASE NO. DACW63-1-25-0503 Page 9 of 26 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 Real Estate Contracting Officer. 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. LEASE NO. DACW63-1-25-0503 Page 10 of 26 26. DISPUTES CLAUSE a. Except as provided in the Contract Disputes Act of 1978 (41 U.S.C. 1701- 1709) (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 this 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. The routine request for rental payments that is not in dispute is not a claim under the Act. The request may be converted to a claim under the Act, by this clause, if it is disputed either as a liability or amount or is not acted upon in a reasonable time. c. (1) A Claim by the Lessee shall be made in writing and submitted to the Real Estate Contracting Officer for a written decision. A claim by the Government against the Lessee shall be subject to a written decision by the Real Estate Contracting Officer. (2) For Lessee claims exceeding $100,000, the Lessee shall submit with the claim a certification that— (i) the claim is made in good faith; and (ii) supporting data are accurate and complete to the best of the Lessee's knowledge and belief; (iii) and the amount requested accurately reflects the lease adjustment for which the Lessee believes the Government is liable. (3) If the Lessee is an individual, the certificate 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 of 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 Real Estate Contracting Officer must, if requested in writing by the Lessee, render a decision within 60 days of the request. For Lessee-certified claims over $100,000, the Real Estate Contracting Officer LEASE NO. DACW63-1-25-0503 Page 11 of 26 must, within 60 days, decide the claim or notify the Lessee of the date by which the decision will be made. e. The Real Estate Contracting Officer'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 Real Estate Contracting Officer or a claim by the Government is presented to the Lessee, the parties, by mutual consent, may agree to use alternative means of dispute resolution. When using alternate dispute resolution procedures, any claim, regardless of amount, shall be accompanied by the certificate described in paragraph c.(2) of this clause, and executed in accordance with paragraph c.(3) of this clause. g. The Government shall pay interest or the amount found due and unpaid by the Government from (1) the date the Real Estate Contracting Officer received the claim (properly certified if required), or (2) the date payment otherwise would be due, if that date is later, until the date of payment. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Real Estate Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. Rental amounts due to the Government by the Lessee will have interest and penalties as set out in the condition on CONSIDERATION. h. The Lessee shall proceed diligently with the performance of the lease, pending final resolution of any request for relief, claim, or action arising under the lease, and comply with any decision of the Real Estate Contracting Officer. 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. LEASE NO. DACW63-1-25-0503 Page 12 of 26 b. The Lessee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs from activities of the Lessee, the Lessee shall be liable to restore the damaged resources. c. The Lessee must obtain approval in writing from said officer before any pesticides or herbicides are applied to the Premises. 28. PHASE I ENVIRONMENTAL SITE ASSESSMENT A Phase I Environmental Site Assessment (ESA), 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 relinquishment of this lease another ESA shall be prepared which will document the environmental condition of the property at that time. A comparison of the two assessments will assist the said officer 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, archeological, 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 said officer and protect the site and the material from further disturbance until said officer gives clearance to proceed. 30. SOIL AND WATER CONSERVATION The Lessee shall maintain in a manner satisfactory to the Real Estate Contracting Officer, 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 Real Estate Contracting Officer. 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, said system to be acceptable to the Real Estate Contracting Officer. LEASE NO. DACW63-1-25-0503 Page 13 of 26 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 Real Estate Contracting Officer. 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 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 condition 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 preclude the necessity of obtaining a Department of the Army permit for activities which involve the discharge of dredge or fill material or the placement of fixed structures in the waters of the United States, pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (33 USC Section 403), and Section 404 of the Clean Waters Act (33 USC Section 1344), Section 408 (33 U.S.C. § 408) or any other permit or license which may be required by Federal, state, interstate or local laws in connection with the use of the Premises. LEASE NO. DACW63-1-25-0503 Page 14 of 26 36. DETERMINATION REGARDING EXECUTIVE ORDER 13658 Any reference in this section to “prime contractor” or “contractor” shall mean the Lessee and any reference to “contract” shall refer to the Lease. The parties expressly stipulate this contract is subject to Executive Order 13658, the regulations issued by the Secretary of labor in 29 CFR Part 10 pursuant to the Executive Order, and the following provisions. a. Minimum Wages. (1) Each worker (as defined in 29 CFR 10.2) engaged in the performance of this contract by the prime contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the contractor and worker, shall be paid not less than the applicable minimum wage under Executive Order 13658. (2) The minimum wage required to be paid to each worker performing work on or in connection with this contract between January 1, 2015 and December 31, 2015 shall be $10.10 per hour. The minimum wage shall be adjusted each time the Secretary of Labor’s annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive Order 13658 will be effective for all workers subject to the Executive Orders beginning January 1 of the following year. If appropriate, the contracting officer, or other agency official overseeing this contract shall ensure the contractor is compensated only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor Web site). The applicable published minimum wage is incorporated by reference into this contract. (3) The contractor shall pay unconditionally to each worker all wages due free and clear and without subsequent deduction (except as otherwise provided by 29 CFR 10.23), rebate, or kickback on any account. Such payments shall be made no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. A pay period under this Executive Order may not be of any duration longer than semi-monthly. (4) The prime contractor and any upper-tier subcontractor shall be responsible for the compliance by any subcontractor or lower-tier subcontractor with the Executive Order minimum wage requirements. In the event of any violation of the minimum wage obligation of this clause, the contractor and any subcontractor(s) responsible therefore shall be liable for the unpaid wages. LEASE NO. DACW63-1-25-0503 Page 15 of 26 (5) If the commensurate wage rate paid to a worker on a covered contract whose wages are calculated pursuant to a special certificate issued under 29 U.S.C. 214(c), whether hourly or piece rate, is less than the Executive Order minimum wage, the contractor must pay the Executive Order minimum wage rate to achieve compliance with the Order. If the commensurate wage due under the certificate is greater than the Executive Order minimum wage, the contractor must pay the 14(c) worker the greater commensurate wage. b. Withholding. The agency head shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the prime contractor under this or any other Federal contract with the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay workers the full amount of wages required by Executive Order 13658. c. Contract Suspension/Contract Termination/Contractor Debarment. In the event of a failure to pay any worker all or part of the wages due under Executive Order 13658 or 29 CFR Part 10, or a failure to comply with any other term or condition of Executive Order 13658 or 29 CFR Part 10, the contracting agency may on its own action or after authorization or by direction of the Department of Labor and written notification to the contractor, take action to cause suspension of any further payment, advance or guarantee of funds until such violations have ceased. Additionally, any failure to comply with the requirements of this clause may be grounds for termination of the right to proceed with the contract work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the contractor in default with any additional cost. A breach of the contract clause may be grounds for debarment as a contractor and subcontractor as provided in 29 CFR 10.52. d. The contractor may not discharge any part of its minimum wage obligation under Executive Order 13658 by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Act, the cash equivalent thereof. e. Nothing herein shall relieve the contractor of any obligation under Federal, State or local law, or under contract, for the payment of a higher wage to any worker, nor shall a lower prevailing wage under any such Federal, State, or local law, or under contract, entitle a contractor to pay less than $10.10 (or the minimum wage as established each January thereafter) to any worker. f. Payroll Records. (1) The contractor shall made and maintain for three years of records containing the information specified in paragraphs f(1)(i) through (vi) of this section for each worker and shall make the records available for inspection and transcription by authorized representative of the Wage and Hour Division of the U.S. Department of Labor: LEASE NO. DACW63-1-25-0503 Page 16 of 26 (i) Name, address, and social security number. (ii) The worker’s occupation(s) or classification(s). (iii) The rate or rates of wages paid. (iv) The number of daily and weekly hours worked by each worker. (v) Any deductions made; and (vi) Total wages paid. (2) The contractor shall also make available a copy of the contract, as applicable, for inspection or transcription by authorized representatives of the Wage and Hour Division. (3) Failure to make and maintain or to make available such records for inspection and transcription shall be a violation of 29 CFR Part 10 and this contract, and in the cause of failure to produce such records, the contracting officer, upon direction of an authorized representative of the Department of Labor, or under its own action, shall take such action as may be necessary to cause suspension of any further payment or advance of funds until such time as the violations are discontinued. (4) The contractor shall permit authorized representative of the Wage and Hour Division to conduct investigation, including interviewing workers at the worksite during normal working hours. (5) Nothing in this clause limits or otherwise modifies the contractor’s payroll and recordkeeping obligations, if any, under the Davis-Bacon Act, as amended, and its implementing regulation; the Service Contract Act, as amended, and its implementing regulations; the Fair Labor Standards Act, as amended, and its implementing regulations; or any other applicable law. g. The contractor (as defined in 29 CFR 10.2) shall insert this clause in all of its covered subcontracts and shall require its subcontractors to include this clause in any covered lower-tier subcontracts. The prime contractor and any upper-tier subcontractor shall be responsible for the compliance by any subcontractor or lower-tier subcontractor with this contract clause. h. Certification of Eligibility. (1) By entering into this contract, the contractor (an officials thereof) certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor’s firm is a person or firm ineligible to be awarded Government contracts by LEASE NO. DACW63-1-25-0503 Page 17 of 26 virtue of the sanctions imposed pursuant to section 5 of the Service Contract Act, section 3(a) of the Davis-Bacon Act, or 29 CFR 5.12(a)(1). (2) No part of this contract shall be subcontracted to any person or firm whose name appears on the list of persons or firms ineligible to receive Federal contracts. (3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. i. Tipped employees. In paying wages to a tipped employee as defined in section 3(t) of the Fair Labor Standards Act, 29 U.S.C 203(t), the contractor may take a partial credit against the wage payment obligation (tip credit) to the extent permitted under section 3(a) of Executive Order 13658. In order to take such a tip credit, the employee must receive an amount of tips at least equal to the amount of the credit taken; where the tipped employee does not receive sufficient tips to equal the amount of the tip credit the contractor must increase the cash wage paid for the workweek so that the amount of cash wage paid and the tips received by the employee equal the applicable minimum wage under Executive Order 13658. To utilize this proviso: (1) The employer must inform the tipped employee in advance of the use of the tip credit; (2) The employer must inform the tipped employee of the amount of cash wage that will be paid and the additional amount by wh ich the employee’s wages will be considered increased on account of the tip credit; (3) The employees must be allowed to retain all tips (individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips received); and (4) The employer must be able to show by records that the tipped employee received at least the applicable Executive Order minimum wage through the combination of direct wages and tip credit. j. Anti-retaliation. It shall be unlawful for any person to discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to Executive Order 13658 or 29 CFR Part 10, or has testified or is about to testify in any such proceeding. k. Disputes concerning labor standards. Disputes related to the application of Executive Order 13658 to this contract shall not be subject to the general disputes clause of the contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Part 10. Disputes within the meaning of this contract clause include disputes between the contractor (or any of its LEASE NO. DACW63-1-25-0503 Page 18 of 26 subcontractors) and the contracting agency, the U.S. Department of Labor, or the workers or their representatives. l. Notice. The contractor must notify all workers performing work on or in connection with a covered contract of the applicable minimum wage rate under the Executive Order. With respect to service employees on contracts covered by the Service Contract Act and laborers and mechanics on contracts covered by the Davis- Bacon Act, the contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers performing work on or in connection with a covered contract whose wages are governed by the FLSA, the contractor must post a notice provided by the Department of Labor in a prominent and accessible place at the worksite so it may be readily seen by workers. Contractors that customarily post notices to workers electronically may post the notice electronically provided such electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment. m. If a duly authorized representative of the United States discovers or determines, whether before or subsequent to executing this contract, that an erroneous determination regarding the applicability of Executive Order 13658 was made, contractor, to the extent permitted by law, agrees to indemnify and hold harmless the United States, its officers, agents, and employees, for and from any and all liabilities, losses, claims, expenses, suites, fines, penalties, judgments, demands or actions, costs, fees, and damages directly or indirectly arising out of, caused by, related to, resulting from or in any way predicated upon, in whole or in part, the erroneous Executive Order 13658 determination. This includes contractor releasing any claim or entitlement it would otherwise have to an equitable adjustment to the contract and indemnifying and holding harmless the United States from the claims of subcontractors and contractor employees. 37. DETERMINATION REGARDING EXECUTIVE ORDER 13706 Any reference in this section to “prime contractor” or “contractor” shall mean the Lessee and any reference to “contract” shall refer to the Lease. a. Executive Order 13706. This contract is subject to Executive Order 13706, the regulations issued by the Secretary of Labor in 29 CFR part 13 pursuant to the Executive Order, and the following provisions. b. Paid Sick Leave. (1) The contractor shall permit each employee (as defined in 29 CFR 13.2) engaged in the performance of this contract by the prime contractor or any subcontractor, regardless of any contractual relationship that may be alleged to exist LEASE NO. DACW63-1-25-0503 Page 19 of 26 between the contractor and employee, to earn not less than 1 hour of paid sick leave for every 30 hours worked. The contractor shall additionally allow accrual and use of paid sick leave as required by Executive Order 13706 and 29 CFR part 13. The contractor shall in particular comply with the accrual, use, and other requirements set forth in 29 CFR 13.5 and 13.6, which are incorporated by reference in this contract. (2) The contractor shall provide paid sick leave to all employees when due free and clear and without subsequent deduction (except as otherwise provided by 29 CFR 13.24), rebate, or kickback on any account. The contractor shall provide pay and benefits for paid sick leave used no later than one pay period following the end of the regular pay period in which the paid sick leave was taken. (3) The prime contractor and any upper-tier subcontractor shall be responsible for the compliance by any subcontractor or lower-tier subcontractor with the requirements of Executive Oder 13706, 29 CFR part 13, and this clause. c. Withholding. The contracting officer shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the prime contractor under this or any other Federal contract with the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay employees the full amount owed to compensate for any violation of the requirements of Executive Order 13706, 29 CFR part 13, or this clause, including any and/or benefits denied or lost be reason of the violation; other actual monetary losses sustained as a direct result of the violation, and liquidated damages. d. Contract Suspension/Contract Termination/Contractor Debarment. In the event of a failure to comply with Executive Order 13706, 29 CFR part 13, or this clause, the contracting agency may on its own action or after authorization or by direction of the Department of Labor and written notification to the contractor, take action to cause suspension of any further payment, advance, or guarantee of funds until such violations have ceased. Additionally, any failure to comply with the requirements of this clause may be grounds for termination of the right to proceed with the contract work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the contractor in default with any additional cost. A breach of the contract clause may be grounds for debarment as a contractor and subcontractor as provided in 29 CFR 13.52. e. The paid sick leave required by Executive Order 13706, 29 CFR part 13, and this clause is in addition to a contractor’s obligations under the Service Contract Act and Davis-Bacon Act, and a contractor may not receive credit toward its prevailing wages or fringe benefit obligations under those Acts for any paid sick leave provided in satisfaction of the requirements of Executive Order 13706 and 29 CFR part 13. f. Nothing in Executive Order 13706 or 29 CFR part 13 shall excuse noncompliance with or supersede any applicable Federal or State law, any applicable LEASE NO. DACW63-1-25-0503 Page 20 of 26 law or municipal ordinance, or a collective bargaining agreement requiring greater paid sick leave or leave rights than those established under Executive Order 13706 and 29 CFR part 13. g. Recordkeeping. (1) Any contractor performing work subject to Executive Order 13706 and 29 CFR part 13 must make and maintain, for no less than three (3) years from the completion of the work on the contract, records containing the information specified in paragraphs (i) through (xv) of this section for each employee and shall make them available for inspection, copying, and transcription by authorized representatives of the Wage and Hour Division of the U.S. Department of Labor: (i) Name, address, and Social Security number of each employee; (ii) The employee’s occupation(s) or classifications(s); (iii) The rate or rates of wages paid (including all pay and benefits provided); (iv) The number of daily and weekly hours worked; (v) Any deductions made; (vi) The total wages paid (including all pay and benefits provided) each pay period; (vii) A copy of notifications to employees of the amount of paid sick leave the employee has accrued, as required under 29 CFR 13.5(a)(2); (viii) A copy of employees’ requests to use paid sick leave, if in writing, or, if not in writing, any other records reflecting such employee requests; (ix) Dates and amounts of paid sick leave taken by employees (unless a contractor’s paid time off policy satisfies the requirements of Executive Order 13706 and 29 CFR part 13 as described in §13.5(f)(5), leave must be designated in records as paid sick leave pursuant to Executive Order 13706); (x) A copy of any written responses to employees’ requests to use paid sick leave, including explanations for any denials of such requests, as required under 29 CFR 13.5(d)(3); (xi) Any records reflecting the certification and documentation a contractor may require an employee to provide under 29 CFR 13.5(e), including copies of any certification or documentation provided by an employee; LEASE NO. DACW63-1-25-0503 Page 21 of 26 (xii) Any other records showing any tracking of or calculations related to an employee’s accrual or use of paid sick leave; (xiii) The relevant covered contract; (xiv) The regular pay and benefits provided to an employee for each use of paid sick leave; and (xv) Any financial payment made for unused paid sick leave upon a separation from employment intended, pursuant to 29 CFR 13.5(b)(5), to relieve a contractor from the obligation to reinstate such paid sick leave as otherwise required by 29 CFR 13.5(b)(4). (2)(i) If a contractor wishes to distinguish between an employee’s covered and non-covered work, the contractor must keep records or other proof reflecting such distinctions. Only if the contractor adequately segregates the employee’s time will time spent on non-covered work be excluded from hours worked counted toward the accrual of paid sick leave. Similarly, only if that contractor adequately segregates the employee’s time may a contractor properly refuse an employee’s request to use paid sick leave on the ground that the employee was scheduled to perform non-covered work during the time they asked to use paid sick leave. (ii) If a contractor estimates covered hours worked by an employee who performs work in connection with covered contracts pursuant to 29 CFR 13.5(a)(i) or (iii), the contractor must keep records or other proof of the verifiable information on which such estimates are reasonably based. Only if the contractor relies on an estimate that is reasonable and based on verifiable information will an employee’s time spent in connection with non-covered work be excluded from hours worked counted toward the accrual of paid sick leave. If a contractor estimates the amount of time an employee spends performing in connection with covered contracts, the contractor must permit the employee to use their paid sick leave during any work time for the contractor. (3) In the event a contractor is not obligated by the Service Contract Act, the Davis-Bacon Act, or the Fair Labor Standards Act to keep records of an employee’s hours worked, such as because the employee is exempt from the FLSA’s minimum wage and overtime requirement, and the contractor chooses to use the assumption permitted by 29 CFR 13.5(a)(1)(iii), the contractor is excused from the requirement in paragraph (1)(d) of this section to keep records of the employee’s number of daily and weekly hours worked. (4)(i) Records relating to medical histories or domestic violence, sexual assault, or stalking, created for purposes of Executive Order 13706, whether of an employee or an employee’s child, parent, spouse, domestic partner, or other individual related by blood or affinity whose close association with the employee is the equivalent LEASE NO. DACW63-1-25-0503 Page 22 of 26 of a family relationship, shall be maintained as confidential records in separate files/records from the usual personnel files. (ii) If the confidentiality requirements of the Genetic Information Nondiscrimination Act of 2008 (GINA), section 503 of the Rehabilitation Act of 1973, and/or the Americans with Disabilities Act (ADA) apply to records or documents created to comply with the recordkeeping requirements in this contract clause, the records and documents must also be maintained in compliance with the confidentiality requirement of the GINA, section 503 of the Rehabilitation Act of 1973, and/or ADA as described in 29 CFR 1635.9, 41 CFR 60-741.23(d), and 29 CFR 1630.14(c)(1), respectively. (iii) The contractor shall not disclose any documentation used to verify the need to use 3 or more consecutive days of paid sick leave for the purposes listed in 29 CFR 13.5(c)(1)(iv) (as described in 29 CFR 13.5(e)(1)(ii)) and shall maintain confidentiality about any domestic abuse, sexual assault, or stalking, unless the employee consents or when disclosure is required by law. (5) The contractor shall permit authorized representative of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours. (6) Nothing in this contract clause limits or otherwise modifies the contractor’s recordkeeping obligations, if any, under the Davis-Bacon Act, the Service Contract Act, the Fair Labor Standards Act, the Family and Medical Leave Act, Executive Order 13658, their respective implementing regulations, or any other applicable law. h. The contractor (as defined in 29 CFR 13.2) shall insert this clause in all of its covered subcontracts and shall require its subcontractors to include this clause in any covered lower-tier subcontracts. i. Certification of Eligibility. (1) By entering into this contract, the contractor (an officials thereof) certifies that neither it (nor he or she) nor any person of firm who has an interest in the contractor’s firm is a person of firm ineligible to be awarded Government contracts by virtue of the sanctions imposed pursuant to section 5 of the Service Contract Act, section 3(a) of the Davis-Bacon Act, or 29 CFR 5.12(a)(1). (2) No part of this contract shall be subcontracted to any person or firm whose name appears on the list of persons or firms ineligible to received Federal contracts currently maintained on the System for Award Management Web site, http://www.SAM.gov. LEASE NO. DACW63-1-25-0503 Page 23 of 26 (3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. j. Interference/Discrimination. (1) A contractor may not in any manner interfere with an employee’s accrual or use of paid sick leave as required by Executive Oder 13706 or 29 CFR part 13. Interference includes, but is not limited to, miscalculating the amount of paid sick leave an employee has accrued, denying or unreasonably delaying a response to a proper request to use paid sick leave, discouraging an employee from using paid sick leave, reducing an employee’s accrued paid sick leave by more than the amount of such leave used, transferring an employee to work on non-covered contracts to prevent the accrual or use of paid sick leave, disclosing confidential information contained in certification of other documentation provide to verify the need to use paid sick leave, or making the use of paid sick leave contingent on the employee’s finding a replacement worker or the fulfillment of the contractor’s operational needs. (2) A contractor may not discharge or in any other manner discriminate against any employee for: (i) Using, or attempting to use, paid sick leave as provided for under Executive Order 13706 and 29 CFR part 13; (ii) Filing any complaint, initiating any proceeding, or otherwise asserting any right or claim under Executive Order 13706 and 29 CFR part 13; (iii) Cooperating in any investigation or testifying in any proceeding under Executive Order 13706 and 29 CFR part 13; (iv) Informing any other person about his or her rights under Executive Order 13706 and 29 CFR part 13. k. Waiver. Employees cannot waive, nor may contractors induce employees to waive, their rights under Executive Order 13706, 29 CFR part 13, or this clause. l. Notice. The contractor must notify all employees performing work on or in connection with a covered contract of the paid sick leave requirements of Executive Order 13706, 29 CFR part 13, and this clause by posting a notice provided by the Department of Labor in a prominent and accessible place at the worksite so it may be readily seen by employees. Contractors that customarily post notices to employees electronically may post the notice electronically, provided such electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to employees about terms and conditions of employment. LEASE NO. DACW63-1-25-0503 m. Disputes concerning labor standards. Disputes related to the application of Executive Order 13706 to this contract shall not be subject to the general disputes clause of the contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR part 13. Disputes within the meaning of this contract clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 38. ADDED CONDITIONS a. BACKGROUND INVESTIGATIONS: Prior to the assignment of any sublease, the Lessee shall be required to perform background investigations of any prospective sublessees. Persons who have been convicted of a violent crime, sexual crime, arson, crime with a weapon, sale or intent to distribute illegal drugs, are an organized crime figure, or an undocumented noncitizen, may not be approved as a sublessee. A short description of the required background investigations are below: (1) Nationwide Background Checks. There are many private companies that conduct pre-employment criminal background checks for employers. This type of check requires the full name of the applicant and residential address. In some locations a signed release is also required from the applicant. (2) U.S. Citizen Verification. The Department of Homeland Security has a program that employers can participate in, at no cost, which allows them to conduct a social security verification and immigration check on an individual. To register for the program, contact the Department of Homeland Security Systematic Alien Verification for Entitlements Program (SAVE) at https://www.uscis.gov/save or call 1-888-464-4210 . b. Time limitations for camping, including but not limited to transient trailers or recreational vehicles, shall follow current policy guidance. c. 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 the Real Estate Contracting Officer. d. Lessee shall construct no structures or facilities within fifty (50) feet of the toe of the embankment of the Benbrook Dam structure. e. The development plan, Exhibit C, is hereby conceptually approved. Prior to any renovations or construction, written approval shall be obtained from the Real Estate Contracting Officer and all work shall be coordinated with the Benbrook Lake Office. Page 24 of 26 LEASE NO. DACW63-1-25-0503 Page 25 of 26 f. The inventory list of private real property owned by the Lessee is attached as Exhibit F. g. The Lessee shall provide to said officer a Phase 1 Environmental Site Assessment (ESA) in accordance with the American Society for Testing and Materials (ASTM) E1527 "Standard for Phase I Environmental Site Assessment". The ESA shall be approved by a licensed Environmental Professional (EP) in accordance with the ER 200-2-3 and Environmental Protection Agency's "All Appropriate Inquiries (AAI) rule". The ESA shall be provided for said facility within 1 year from execution of this lease on behalf of the Government. Following approval, the Phase 1 ESA shall be attached hereto and made a part hereof as EXHIBIT E. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 14th January FLANNERY.LEE. A.1281288829 Digitally signed by FLANNERY.LEE.A.1281288829 Date: 2025.01.14 11:50:30 -06'00' FOR CITY OF FORT WORTH INTERNAL PROCESSES: Approval Recommended: B y: Name: Richard Zavala Title: Director Park & Recreation Department By: Name: Dave Lewis Title: Deputy Director Park & Recreation Department Approved as to Form and Legality: Tte� 0ua£ts By: Trey Qua7{oec 13, 202417:01 CST) Name: Trey Qualls Title: Assistant City Attorney Contract Authorization: M&C: 24-0183 Form 1295: NIA Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and rep orting requirements. By: Name: Kyle McClure Title: Assistant Director, Golf and Athletics Park & Recreation Department B y: Name: Joel McKnight Title: Assistant Director, Park Operations Park & Recreation Department City Secretary: By: Name: Jannette S. Goodall Title: City Secretary • ���� , i � •, ,, Richard Zavala PARD D' t (Name), certify that I am the irec or (Title) of City of Fort Worth, named as the Grantee herein; and that JeSICa MCEaCheiCl �signator of outgrant), who signed the foregoing instrument on behalf of the Grantee, was then Asst. City Manager �title of signator of outgrant) of City of Fort Worth. I further certify that the said officer was acting within the scope of powers delegated to this governing body ofi the Grantee in executing said instrument. Dec 19, 2024 Date AFFIX COMPANY SEAL City of Fort Worth , , .,, Authorized Representative Park & Recreation (PARD) Director Title NOTE: This form certifies that the person signing the attached instrument has the authority to do so. The signature of the Secretary/Attesting Officer and the individual signing the attached instrument cannot be the same person. CERTIFICAiE OF AUTHORITY �, Dave Lewis (Name), certify that I am the PARD Deputy Director �Tit�e) of city of Fort worth, named as the Grantee herein; and that JeSICa MCEaCiI@iCl �signator of outgrant), who signed the foregoing instrumenton behalf of the Grantee, was then ASSt. City Manager �tit�e of signator of outgrant) of City of Fort Worth. I further certify that the said officer was acting within the scope of powers delegated to this governing body of the Grantee in executing said instrument. City of Fort Worth Dec 18, 2024 Date AFFIX COMPANY SEAL i�"" � Authorized Representative Park & Recreation Deputy Director Title NOTE: This form certifies that the person signing the attached instrument has the authority to do so. The signature of the Secretary/Attesting Officer and the individual signing the attached instrument cannot be the same person. CERTIFICATE OF AUTHORITY � Trey Qualls (Name), certifythat I am the ASSt. Clt�/ AttOCCI@�/ �Titie) of City of Fort Worth, named as the Grantee herein; a�d tnat Jesica McEachern (signator of outgrant), who signed the foregoing instrument on behalf of the Grantee, was then ASst. City Manager �title of signator of outgrant) of City of Fort Worth. I further certify that the said officer was acting within the scope of powers delegated to this governing body of the Grantee in executing said instrument. City of Fort Worth Dec 13 2024 T�e� ��J � ,��.,-��,�� .,�<: ,; �,».,. ��, �sr��. Date Authorized Representative Assistant City Attorney Title AFFIX COMPANY SEAL NOTE: This form certifies that the person signing the attached instrument has the authority to do so. The signature of the Secretary/Attesting Officer and the individual signing the attached instrument cannot be the same person. . , : • - � • . ,, Jannette Goodall (Name), certify that I am the City Secretary (Title) of City of Fort Worth, named as the Grantee herein; and that JeSICa MCEaC%lePCl (signator of outgrant), who signed the foregoing instrument on behalf of the Grantee, was then ASSt. City Manager �title of signator of outgrant) of City of Fort Worth. I further certify that the said officerwas acting within the scope of powers delegated to this governing body of the Grantee in executing said instrument. City of Fort Worth Dec 27, 2024 Date � � .�� Authorized Representative City Secretary Title AFFIX COMPANY SEAL NOTE: This form certifies that the person signing the attached instrument has the authority to do so. The signature of the Secretary/Attesting Officer and the individual signing the aftached instrument cannot be the same person. CERTIFICATE OF AUTHORITY ,, Joel McKnight (Name), certify that I am the PARD Assistant Director �Title) of City of Fort Worth, named as the Grantee herein; and that JeSICa MCEaCiI@C'Cl �signator of outgrant), who signed the foregoing instrument on behalf of the Grantee, was tnen Asst. City Manager �title of signator of outgrant) of City of Fort Worth. I further certify that the said officer was acting within the scope of powers delegated to this governing body of the Grantee in executing said instrument. Dec 13, 2024 Date AFFIX COMPANY SEAL City of Fort Worth �� d Joel McKnight (Dec 13, 20Z4 4:46 CST) Authorized Representative Park & Recreation Assistant Director Title NOTE: This form certifies that the person signing the attached instrument has the authority to do so. The signature of the Secretary/Attesting Officer and the individual signing the attached instrument cannot be the same person. CERTIFICATE OF AUTHORITY ,, Kyle McClure (Name), certify that I am the PARD Assistant Director �Title) of City of Fort Worth, named as the Grantee herein; ana tnat Jesica McEachern (signator of outgrant), who signed the foregoing instrument on behalf of the Grantee, was then Asst. City Manager �tit�e of signator of outgrant) of City of Fort Worth. I fu rther certify that the said officer was acting within the scope of powers delegated to this goveming body of the Grantee in executing said instrument. City of Fort Worth Dec 16, 2024 Date dC�,cC.� Kyle M lure ;Dec 16, 20?4 09:40 CST; Authorized Representative Park & Recreation Assistant Director Title AFFIX COMPANY SEAL NOTE: This form certifies that the person signing the attached instrument has the authority to do so. The signature of the Secretary/Attesting Officer and the individual signing the attached instrument cannot be the same person. A-2-2A-3A-2-1A-16A-15A-4A-171 of 1 EXHIBIT A BENBROOK LAKE TRINITY REGION PROJECT PARK AND RECREATION LEASE PECAN VALLEY PARK Lessee: The City of Fort Worth Acres: 561.556 BEING a portion of that certain 142.3-acre tract of land situated in the Jesse Bartlett Survey, A- 187, and the John A. Bowers Survey, A-86, awarded to the United States of America (Tract A-2- 1), recorded in Civil Action 1296, Declaration of Taking Number 3, filed 13 October 1948 in Tarrant County, and also BEING a portion of that certain 779.1-acre tract of land situated in the Jesse Bartlett Survey, A-187, the John A. Bowers Survey, A-86, the John F. Heath Survey, A- 641, John Rickals Survey, A-1277, and the Joseph A. Dunham Survey, A-409, awarded to the United States of America (Tract A-2-2), recorded in Civil Action 1296, Declaration of Taking Number 3, filed 13 October 1948 in Tarrant County, and also BEING a portion of that certain 517.6-acre tract of land situated in the Milly Gilbert Survey, A-571, the Abner H. Hodge Survey, A-1790, the H.C. Stevens Survey, A-1836, and the F. S. Mervin Survey, A-1910, and being conveyed to the United States of America (Tract A-3) by General Warranty Deed executed 10 November 1947, said lease being more particularly described by metes and bounds and referencing the Texas Coordinate System, North Central Zone, NAD83: BEGINNING at C.O.E. Monument A-6, said point having the coordinates: X= 2,293,068.624, Y= 6,926,633.306; THENCE South 9-44-30 West, a distance of 342.95 feet to a point; THENCE South 9-44-30 West, a distance of 54.499 feet to a point; THENCE South 74-5-6 East, a distance of 68.827 feet to a point; THENCE South 62-30-3 East, a distance of 57.152 feet to a point; THENCE South 56-53-19 East, a distance of 57.206 feet to a point; THENCE South 43-37-31 East, a distance of 61.398 feet to a point; THENCE South 34-4-38 East, a distance of 57.012 feet to a point; THENCE South 20-51-16 East, a distance of 62.423 feet to a point; THENCE South 9-34-27 East, a distance of 58.453 feet to a point; THENCE South 6-33-25 East, a distance of 60.814 feet to a point; THENCE South 9-27-44 West, a distance of 46.466 feet to a point; THENCE South 21-15-2 West, a distance of 53.648 feet to a point; THENCE South 27-10-52 West, a distance of 57.768 feet to a point; 1 of 5 EXHIBIT B THENCE South 27-43-2 West, a distance of 61.776 feet to a point; THENCE South 22-9-59 West, a distance of 50.616 feet to a point; THENCE South 3-14-23 West, a distance of 46.081 feet to a point; THENCE South 19-1-32 East, a distance of 53.256 feet to a point; THENCE South 31-30-15 East, a distance of 63.124 feet to a point; THENCE South 37-14-5 East, a distance of 54.515 feet to a point; THENCE South 44-23-2 East, a distance of 57.087 feet to a point; THENCE South 60-29-19 East, a distance of 52.866 feet to a point; THENCE South 79-36-40 East, a distance of 52.951 feet to a point; THENCE North 87-1-35 East, a distance of 66.93 feet to a point; THENCE North 79-32-24 East, a distance of 57.377 feet to a point; THENCE North 77-16-32 East, a distance of 55.174 feet to a point; THENCE South 83-59-28 East, a distance of 49.753 feet to a point; THENCE South 77-16-32 East, a distance of 55.174 feet to a point; THENCE South 83-56-45 East, a distance of 47.334 feet to a point; THENCE South 1-42-57 East, a distance of 56.303 feet to a point; THENCE South 5-16-26 East, a distance of 56.663 feet to a point; THENCE South 5-26-25 East, a distance of 54.935 feet to a point; THENCE South 4-55-38 West, a distance of 50.534 feet to a point; THENCE South 11-28-55 West, a distance of 56.69 feet to a point; THENCE South 19-35-32 West, a distance of 54.363 feet to a point; THENCE South 29-14-56 West, a distance of 49.745 feet to a point; THENCE South 29-0-34 West, a distance of 46.858 feet to a point; THENCE South 52-46-0 East, a distance of 152.98 feet to a point; THENCE South 21-16-4 West, a distance of 999.48 feet to a point; THENCE South 10-19-7 West, a distance of 1494.42 feet to a point; THENCE North 88-50-53 East, a distance of 101.2 feet to a point; THENCE South 8-30-52 West, a distance of 726.228 feet to a point; 2 of 5 EXHIBIT B THENCE North 67-15-48 West, a distance of 227.038 feet to a point; THENCE North 58-30-20 West, a distance of 28.638 feet to a point; THENCE North 62-58-46 West, a distance of 28.638 feet to a point; THENCE North 67-27-13 West, a distance of 28.638 feet to a point; THENCE North 71-55-39 West, a distance of 28.638 feet to a point; THENCE North 76-24-6 West, a distance of 28.638 feet to a point; THENCE North 80-52-32 West, a distance of 28.638 feet to a point; THENCE North 85-20-59 West, a distance of 28.638 feet to a point; THENCE North 89-49-25 West, a distance of 28.638 feet to a point; THENCE South 85-42-8 West, a distance of 28.638 feet to a point; THENCE South 81-13-41 West, a distance of 28.638 feet to a point; THENCE South 76-45-15 West, a distance of 28.638 feet to a point; THENCE South 72-16-48 West, a distance of 28.638 feet to a point; THENCE South 67-48-22 West, a distance of 28.638 feet to a point; THENCE South 72-11-16 West, a distance of 112.961 feet to a point; THENCE South 54-56-10 West, a distance of 16.885 feet to a point; THENCE South 62-6-36 West, a distance of 16.885 feet to a point; THENCE South 69-17-1 West, a distance of 16.885 feet to a point; THENCE South 76-27-26 West, a distance of 16.885 feet to a point; THENCE South 83-37-52 West, a distance of 16.885 feet to a point; THENCE North 89-11-43 West, a distance of 16.885 feet to a point; THENCE North 82-1-17 West, a distance of 2.916 feet to a point; THENCE North 23-54-51 East, a distance of 428.974 feet to a point; THENCE North 71-19-23 West, a distance of 243.842 feet to a point; THENCE South 15-2-18 West, a distance of 475.646 feet to a point; THENCE North 66-53-56 West, a distance of 520.007 feet to a point; THENCE North 72-28-44 West, a distance of 3522.764 feet to a point; THENCE North 72-28-40 West, a distance of 1.554 feet to a point; 3 of 5 EXHIBIT B THENCE South 40-42-9 West, a distance of 139.876 feet to a point; THENCE North 70-26-54 West, a distance of 535.261 feet to a point; THENCE North 70-26-54 West, a distance of 926.404 feet to a point; THENCE North 16-15-52 West, a distance of 704.924 feet to a point; THENCE North 73-44-1 East, a distance of 302.549 feet to a point; THENCE North 70-19-43 East, a distance of 249.267 feet to a point; THENCE North 73-45-40 East, a distance of 364.938 feet to a point; THENCE North 72-50-55 East, a distance of 194.852 feet to a point; THENCE North 72-50-55 East, a distance of 1698.943 feet to a point; THENCE North 55-54-46 East, a distance of 439.123 feet to a point; THENCE North 55-54-46 East, a distance of 91.399 feet to a point; THENCE North 71-31-56 East, a distance of 2386.583 feet to a point; THENCE North 20-56-34 West, a distance of 108.133 feet to a point; THENCE South 73-25-29 West, a distance of 1888.251 feet to a point; THENCE South 76-48-58 West, a distance of 377.088 feet to a point; THENCE South 76-48-58 West, a distance of 68.857 feet to a point; THENCE North 85-31-16 West, a distance of 534.193 feet to a point; THENCE South 71-56-58 West, a distance of 1593.392 feet to a point; THENCE South 71-56-58 West, a distance of 1459.966 feet to a point; THENCE North 28-8-30 West, a distance of 326.984 feet to a point; THENCE North 46-27-1 West, a distance of 468.362 feet to a point; THENCE North 47-14-1 West, a distance of 714.714 feet to a point; THENCE North 48-23-15 West, a distance of 368.67 feet to a point; THENCE North 26-17-43 East, a distance of 45.112 feet to a point; THENCE North 50-54-23 West, a distance of 255.617 feet to a point; THENCE North 48-56-29 East, a distance of 324.363 feet to a point; THENCE South 64-46-9 East, a distance of 1059.408 feet to a point; THENCE North 83-11-1 East, a distance of 30 feet to a point; 4 of 5 EXHIBIT B THENCE North 83-14-30 East, a distance of 4085.749 feet to a point; THENCE North 83-14-28 East, a distance of 68.202 feet to a point; THENCE North 83-14-30 East, a distance of 2153.9 feet to a point; THENCE South 89-23-30 East, a distance of 689.3 feet to the POINT OF BEGINNING, containing 561.556 acres, more or less. This product was calculated from GIS systems software prepared by the U.S. Army Corps of Engineers utilizing spatial reference from various data sources. Data and product accuracy may vary. They may be developed from sources of differing accuracy, accurate only at certain scales, based on modeling or interpretation, incomplete while being created or revised, etc... Using GIS products for purposes other than those for which they were created may yield inaccurate or misleading results. The Corps of Engineers makes no guarantees to the accuracy of this legal description. 5 of 5 EXHIBIT B City of Fort Worth Development Plans Pecan Valley Hills Golf Course Renovation The golf division is recommending a full renovation of the Pecan Valley Hills Golf Course to replace aging infrastructure such as irrigation system; replace current putting greens with modern United States Golf Association conforming greens; resod tees and fairways; renovate driving range area; and repave cart paths. The funding request is anticipated to be part of the City of Fort Worth’s 2026 bond program. If funding request is successful, work is expected to begin in 2027 and be completed in 2029. Pecan Valley River Golf Course Greens Replacement The Pecan Valley River Golf Course was renovated in 2000. It is recommended to replace the putting greens every 30 years. The funding request to replace the greens is anticipated to be part of the City of Fort Worth’s 2030 bond program. If funding request is successful, work is expected to begin in 2031 and be completed in 2032. Soap Box Derby Area Currently, there are no plans for the soap box derby course. Within the next five years, PARD will undertake development of a master plan for this area to explore alternative uses when funding and staff time is available. Currently, there is no funding available for this planning effort. However, it will be added to our 5-year CIP in this year’s update. Fort Worth Youth Soccer Association Currently, there are no plans for modifications or improvements to this facility complex. Pecan Valley Park including Art Cowsen Trailhead There are no plans for modifications or improvements to these areas. Staff will continue to provide ongoing basic level of maintenance for grounds maintenance and park amenities. 1 of 1 EXHIBIT C 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. 2. Additional sheets may be attached for physical characteristics of land and buildings: exterior and interior details of buildings; service facilities; inventory of machinery and equipment; miscellaneous items and general remarks not otherwise covered in section II of this form or on ENG 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 ACTIVITY TOTAL LEASED BUILDING AREA (Square feet) DESCRIPTION AND LOCATION OF PROPERTY 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 THIS FORM. ROOM CONDITIONS ARE INDICATED ON ATTACHED ENG FORM 3143A. NO. OF ATTACHMENTS NAME AND SIGNATURE OF OWNER AGENTLESSOR/ LESSEE NAME, TITLE, AND SIGNATURE OF U.S. GOVERNMENT REPRESENTATIVE ADDRESS ORGANIZATION (Proponent: CERE-A)ENG FORM 3143, 1 JUN 1960 2024-10-18 DACW63-1-98-0699 City of Fort Worth Renewal of Pecan Valley Sublease NA PROP ID# Description Condition BB-44630 Security gates w/swipe cards Good BB-65734 Piezometer, embankment Good BB-43677 Paved Parking Excellent BB-43772 Toilet, Masonry (Vault) Good 1 of 1 EXHIBIT D 1 of 1 EXHIBIT E PHASE 1 ENVIRONMENTAL SITE ASSESSMENT TO BE INSERTED UPON RECEIPT IAW CONDITION 28 DACW63-1-25-0503 Asset Location Lat LongClubhouse West of main parking lot 32.65977571 -97.44917606Large Gathering Shelter Adjacent to Clubhouse 32.65961465 -97.44944156Maintenance Building North of Parking Lot 32.66132061 -97.44627902Pump House West of Parking Lot, adjacent to first tee of River Course 32.66063691 -97.44834834Cart Storage Building Southwest of Clubhouse 32.65919719 -97.45010921Bench & Shelter Adjacent to 6th Tee - River Course 32.65248874 -97.4459103Restroom Building Adjacent to 7th green - River Course 32.65848472 -97.44505468Water Cooler Adjacent to 11th Green - River Course 32.6548269 -97.44759861Restroom Building Adjacent to 14th Tee Box - River Course 32.65628572 -97.44851592Water Cooler Adjacent to 16th Tee Box - River Course 32.65569382 -97.44929778Bench & Shelter Adjacent to 17th Tee Box - River Course 32.65276107 -97.4484555Restroom Building Adjacent to 4th Green - Hills Course 32.65966169 -97.45605274Bench & Shelter Adjacent to 5th Tee- Hills Course 32.65986 -97.456099Restroom Building Adjacent to 8th Fairway- Hills Course 32.662603 -97.449479Driving range Matts East side adjacent to driving range 32.658127 -97.451536Movable Bench Adjacent to 1st Tee box - Hills Course 32.659527 -97.451941Water Cooler Adjacent to 3rd Tee Box- Hills Course 32.655580 -97.455482Ball Washer Adjacent to 3rd Tee Box- Hills Course 32.655774 -97.456144Movable Bench Adjacent to 7th Tee Box- Hills Course 32.662301 -97.451679WaterCooler & Movable Bench Adjacent to 8th Tee Box- Hills Course 32.662346 -97.45046Ball Washer Adjacent to 10th Tee Box- Hills Course 32.660683 -97.449838Movable Bench Adjacent to 11th Tee Box- Hills Course 32.661253 -97.453542Water Coler & Ball Washer Adjacent to 12th Tee Box- Hills Course 32.660580 -97.455127Movable Bench Adjacent to 15th Tee Box- Hills Course 32.657798 -97.459416Ball Washer & Movable Bench Adjacent to 16th Tee Box- Hills Course 32.655476 -97.455169Permanent Bench & Ball Washer Adjacent to 1st Tee Box- River Course 32.660146 -97.448501Ball Washer Adjacent to 2nd Tee Box- River Course 32.663829 -97.446492Permanent Bench & Ball Washer Adjacent to 3rd Tee Box- River Course 32.660536 -97.443188Permanent Bench & Ball Washer Adjacent to 4th Tee Box- River Course 32.658945 -97.444721Permanent Bench Adjacent to 5th Tee Box- River Course 32.655640 -97.444891Permanent Bench Adjacent to 7th Tee Box- River Course 32.654913 -97.446205Permanent Bench & Ball Washer Adjacent to 8th Tee Box - River Course 32.659027 -97.444815Permanent Bench & Ball Washer Adjacent to 10th Tee Box- River Course 32.659594 -97.448761Permanent Bench & Ball Washer Adjacent to 11th Tee Box - River Course 32.657424 -97.446637Water Cooler & Ball Washer Adjacent to 12th Tee Box- River Course 32.654971 -97.447574Permanent Bench & Ball Washer Adjacent to 13th Tee Box- River Course 32.657781 -97.447842Permanent Bench & Ball Washer Adjacent to 14th Tee Box - River Course 32.656568 -97.448533Water Cooler & Ball Washer Adjacent to 16th Tee Box- River Course 32.655693 -97.449286Permanent Bench & Ball Washer Adjacent to 18th Tee Box - River Course 32.654437 -97.449723 1 of 1 EXHIBIT F 1/14/25, 12:45 PM CITY COUNCIL AGENDA Create New From This M8�C DATE: CODE: SUBJECT: F� RT �'�0 R71 � -��- 2/27/2024 REFERENCE **M&C 24- LOG NAME: 80PECANVALLEYPARKLEASE NO.: 0183 L TYPE: CONSENT PUBLIC NO HEARING: (CD 3) Authorize the Execution of a Lease Agreement Between the City of Fort Worth and U.S. Army Corps of Engineers for Pecan Valley Park RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute of a 25-year lease agreement between the City of Fort Worth and U.S. Army Corps of Engineers for Pecan Valley Park for public park and recreational purposes. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is for the City Council to authorize the City Manager to execute a new 25-year lease agreement between the City of Fort Worth and U.S. Army Corps of Engineers for Pecan Valley Park for public park and recreational purposes. In 1962, the City of Fort Worth entered into a license agreement with the U.S. Army Corps of Engineers to operate approximately 651.91 acres, known as Pecan Valley Park. The license agreement allowed the City of Fort Worth to operate the property as a public park and for recreational purposes for the general public. The agreement was for 50 years, terminating July 31, 2012. In 1994, the the U.S. Army Corps of Engineers received a request to find that a portion of the subject property, approximately 50 acres, a surplus and proceed with disposal. The City of Fort Worth being the license holder was asked to consider the same request. On June 23, 1998 (M&C C-16850), the City Council authorized the City Manager to release approximately 50 acres from the U.S. Army 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 Park & Recreation Department had held the subject property as reserved and unprogrammed open space. The release of this portion of the license agreement allowed the U.S. Army Corps of Engineers to advertise and consider the sale of this federally owned property. To ensure clear title may be provided by the U.S. Army Corps of Engineers on the released property, the U.S. Army Corps of Engineers proposed the termination of the original license agreement and execution of a new 25-year lease. On March 30, 1999 (M&C L-12468), the City Council authorized the City Manager to execute a new 25-year lease agreement with the U.S. Army Corps of Engineers (the same being City Secretary Contract Number 24843) for the Park & Recreation Department to operate approximately 601.91 acres as a public park and for recreational purposes. On March 30, 2024, City Secretary Contract Number 24843 will expire and it is recommended the City Council authorize the City Manager to execute a new 25-year lease with the U.S. Army Corps of Engineers for the Park & Recreation Department to continue to operate the 601.91 acres known as Pecan Valley Park, which also includes Pecan Valley Hills and River Golf Courses and the Benbrook athletic fields currently operated by Fort Worth Youth Soccer Association through an adopted sublease. The consideration for this lease agreement is the operation and maintenance of Pecan Valley Park, provided by the City of Fort Worth Park & Recreation Department, which benefits the public interest and serves a public purpose. This property is located in Council District 3. M&C Review apps.cfwnet.org/council_packet/mc_review.asp?ID=31890&councildate=2/27/2024 1 /2 1/14/25, 12:45 PM M&C Review FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that this action will have no material effect on City funds. Fund Department Account Project � Program Activity Budget ID ID Year Fund Department Account Project Program Activity Budget ID ID Year Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: ATTACHMENTS Aerial Map Pecan Valley Park.docx (CFW Internal) Reference # (Chartfield 2) Reference # Chartfield 21 Jesica L. McEachern (5804) Richard Zavala (5704) Amount Amount apps.cfwnet.org/council_packet/mc_review.asp?ID=31890&councildate=2/27/2024 2/2