HomeMy WebLinkAboutResolution No. 09-018
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 09-018
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
APPROVING THE TERMS AND CONDITIONS OF A LEASE
AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND
THE UNITED STATES ARMY CORPS OF ENGINEERS FOR LOW
DENSITY RECREATION WITHIN SPECIFIC WILDLIFE
MANAGEMENT AREAS AT LEWISVILLE LAKE, AS ATTACHED
HERETO AND INCORPORATED HEREIN AS EXHIBIT "A";
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City has determined that it is in the best interest of the City to
enter into the Agreement with the United States Army Corps of Engineers; and
WHEREAS, the City and the United States Army Corps of Engineers desire to
enter into this Agreement for the management, maintenance and development of low
density recreation within wildlife management areas at Lewisville Lake, which is
attached attached hereto and incorporated herein as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas hereby
approves the Lease To Non-State Governmental Agencies for Public Park and
Recreational Purposes for Low Density Recreation Wildlife Management Area,
Lewisville Lake, between the City of The Colony and the United States Army Corps of
Engineers, which is attached hereto and incorporated herein as Exhibit "A".
Section 2.
behalf of the City.
That the City Manager is authorized to execute the Agreement on
Section 3.
passage.
That this resolution shall take effect immediately from and after its
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas, this 2nd day of March. 2009.
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C fIst e Wilson, TRMC, City Secretary
n Dillard, Mayor
of The Colony, Texas
APPROVED AS TO FORM:
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NO. DACW63-1-09-0584
DEPARTMENT OF THE ARMY
LEASE TO NON-STATE GOVERNMENTAL AGENCIES
FOR PUBLIC PARK AND RECREATIONAL PURPOSES
FOR LOW DENSITY RECREATION
WILDLIFE MANAGEMENT AREA
LEWISVILLE LAKE
DENTON, 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 The Colony, 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 as
Exhibit(s) A through C, all or parts of Tract(s) B-175, B-160, B-185, C-224, C-242, C-245,
E-401-2, G-631, G-632-1, G621-C, G-623, G-624, G-626, G606, G-608, G-609, G-61O and
G-610, containing approximately 600 acres, for Low Density Recreation Development within
the Wildlife Management Areas, 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 five (5) years, beginning 1 February 2009 and
ending 31 January 2014, with four (4), five (5) year option periods available
(25 years total).
2. CONSIDERATION
The consideration for this lease is the operation and maintenance of the premises by the
Lessee for the benefit of the United States and the general public in accordance with the
conditions herein set forth.
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3. NOTICES
All correspondence and notices to be given pursuant to this lease shall be addressed, if to the
Lessee, to City of the Colony, 5151 North Colony Blvd, The Colony, Texas 75056;
and, ifto the United States, to the District Engineer, ATTN: Chief, Real Estate Division, P.O.
Box 17300, Fort Worth, Texas 76102-0300, CESWF-RE-M, 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 D 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 31 January of each year the Lessee will submit
the annual Plan to be mutually agreed on between the Lessee and the District Engineer. Such
annual Plan shall include but is not limited to the following:
a. Plans for management, maintenance and development activities to be undertaken by the
Lessee and any sublessees.
b. Report of the management, maintenance and development accomplishments of the Lessee
for the preceding year.
c. Report on any significant modification of policies or procedures which are planned for the
following year as well as those implemented in the preceding year.
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
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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 ofthe 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 ofthe
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 ofthe 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
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.
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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 ofthe District Engineer, the Lessee shall neither transfer nor
assign this lease nor sublet the premises or any part thereof, nor grant any interest, privilege, or
license whatsoever in connection with this lease.
b. The Lessee will not sponsor or participate in timeshare ownership of any structures,
facilities, accommodations, or personal property on the premises. The Lessee will not subdivide
nor develop the premises into private residential development.
11. FEES
Fees may be charged by the Lessee for the entrance to or use of the premises or any facilities,
however, no user fees may be charged by the Lessee or its sub-lessees for use of facilities
developed in whole or part with federal funds if a user charge by the Corps of Engineers for the
facility would be prohibited under law.
12. ACCOUNTS, RECORDS AND RECEIPTS
All monies received by the Lessee from operations conducted on the premises, including, but
not limited to, entrance, admission and user fees and rental or other consideration received from
its concessionaires, may be utilized by the Lessee for the administration, maintenance, operation
and development of the premises. Beginning 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
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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 ofthe District Engineer, or, at the election of the District Engineer,
reimbursement may be made therefore by the Lessee in an amount necessary to restore or replace
the property to a condition satisfactory to the District Engineer.
14. RIGHT TO ENTER AND FLOOD
The right is reserved to the United States, its officers, agents, and employees to enter upon the
premises at any time and for any purpose necessary or convenient in connection with
Government purposes; to make inspections; to remove timber or other material, except property
of the Lessee; to flood the premises; to manipulate the level of the lake or pool in any manner
whatsoever; and/or to make any other use of the land as may be necessary in connection with
project purposes, and the Lessee shall have no claim for damages on account thereof against the
United States or any officer, agent, or employee thereof.
15. LIGHTS, SIGNALS AND NAVIGATION
There shall be no unreasonable interference with navigation by the exercise of the privileges
granted by this lease. If the display of lights and signals on any work hereby authorized is not
otherwise provided for by law, such lights and signals as may be prescribed by the Coast Guard
or by the District Engineer shall be installed and maintained by and at the expense of the Lessee.
16. INSURANCE
a. At the commencement of this lease, the Lessee, unless self-insured, and its sub-lessees and
concessionaires at the commencement of operating under the terms of this lease as third parties,
shall obtain from a reputable insurance company or companies contracts of liability insurance.
The insurance shall provide an amount not less than that which is prudent, reasonable and
consistent with sound business practices or a minimum Combined Single Limit of
$$1,000,000.00, whichever is greater, for any number of persons or claims arising from anyone
incident with respect to bodily injuries or death resulting therefrom, property damage, or both,
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suffered or alleged to have been suffered by any person or persons, resulting from the operations
of the Lessee, sub-lessees and concessionaires under the terms of this lease. The Lessee shall
require its insurance company to furnish to the District Engineer a copy of the policy or policies,
or, if acceptable to the District Engineer, certificates of insurance evidencing the purchase of
such insurance. The District Engineer shall have the right to review and revise the amount of
minimum liability insurance required.
b. The insurance policy or policies shall specifically provide protection appropriate for the
types of facilities, services and products involved; and shall provide that the District Engineer be
given thirty (30) days notice of any cancellation or change in such insurance.
c. In the event the Lessee is self-insured, the Lessee shall certify such self-insurance in writing
in the minimum amount specified above to the District Engineer. The Lessee's insurance status
shall not eliminate the requirement for its sub-lessees and concessionaires to have insurance from
a reputable insurance carrier as set out above.
d. The District Engineer may require closure of any or all of the premises during any period
for which the Lessee and/or its sub-lessees and concessionaires do not have the required
Insurance coverage.
17. RESTORATION
On or before the expiration of this lease or its termination by the Lessee, the Lessee shall
vacate the premises, remove the property of the Lessee, and restore the premises to a condition
satisfactory to the District Engineer. If, however, this lease is revoked, the Lessee shall vacate
the premises, remove said property therefrom, and restore the premises to the aforesaid condition
within such time as the District Engineer may designate. In either event, if the Lessee shall fail
or neglect to remove said property and restore the premises, then, at the option of the District
Engineer, said property shall either become the property of the United States without
compensation therefore, or the District Engineer may cause the property to be removed and no
claim for damages against the United States or its officers or agents shall be created by or made
on account of such removal and restoration work. The Lessee shall also pay the United States on
demand any sum which may be expended by the United States after the expiration, revocation, or
termination of this lease in restoring the premises.
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 ofthis 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
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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.l, 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 ofthe District Engineer.
20. SUBJECT TO MINERAL INTERESTS
This lease is subject to all outstanding mineral interests. As to federally owned mineral
interests, it is understood that they may be included in present or future mineral leases issued by
the Bureau of Land Management (BLM), which has responsibility for mineral development on
Federal lands. The Secretary will provide lease stipulations to BLM for inclusion in such
mineral leases that are designed to protect the premises from activities that would interfere with
the Lessee's operations or would be contrary to local laws.
21. COMPLIANCE, CLOSURE, REVOCATION AND RELINQUISHMENT
a. The Lessee and/or any sub-lessees or licensees are charged at all times with full knowledge
of all the limitations and requirements of this lease, and the necessity for correction of
deficiencies, and with compliance with reasonable requests by the District Engineer. This lease
may be revoked in the event that the Lessee violates any of the terms and conditions and
continues and persists in such non-compliance, or fails to obtain correction of deficiencies by
sub-lessees or licensees. The Lessee will be notified of any non-compliance, which notice shall
be in writing or shall be confirmed in writing, giving a period of time in which to correct the
non-compliance. Failure to satisfactorily correct any substantial or persistent non-compliance
within the specified time is grounds for closure of all or part of the premises, temporary
suspension of operation, or revocation of the lease, after notice in writing of such
intent. Future requests by the Lessee to extend the lease, expand the premises, modify
authorized activities, or assign the lease shall take into consideration the Lessee's past
performance and compliance with the lease terms.
b. This lease may be relinquished by the Lessee by giving one (1) year prior written notice to
the District Engineer in the manner prescribed in the Condition on NOTICES.
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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 ofthe Lessee to manage the premises and provide
safety and security to the visiting public.
24. PROHIBITED USES
a. The Lessee shall not permit gambling on the premises or install or operate, or permit to be
installed or operated thereon, any device which is illegal, or use the premises or permit them to
be used for any illegal business or purpose. There shall not be conducted on or permitted upon
the premises any activity which would constitute a nuisance.
b. As an exception, some games of chance, such as raffles, games and sporting events, may be
conducted by nonprofit organizations under special use permits issued in conjunction with
special events, if permissible by state and local law. Any request to conduct such activities must
be submitted in writing to the District Engineer.
c. In accordance with state and local laws and regulations, the Lessee may sell, store, or
dispense, or permit the sale, storage, or dispensing of beer, malt beverages, light wines or other
intoxicating beverages on the premises in those facilities where such service is customarily
found. Bar facilities will only be permitted if offered in connection with other approved
activities. Advertising of such beverages outside of buildings is not permitted. Carry out
package sales of hard liquor is prohibited.
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25. NATURAL RESOURCES
The Lessee shall cut no timber, conduct no mining operations, remove no sand, gravel, or
kindred substances from the ground, commit no waste of any kind, nor in any manner
substantially change the contour or condition of the premises, except as may be authorized under
and pursuant to the Development Plan described in the Condition on DEVELOPMENT PLANS
herein. The Lessee may salvage fallen or dead timber; however, no commercial use shall be
made of such timber. Except for timber salvaged by the Lessee when in the way of construction
of improvements or other facilities, all sales of forest products will be conducted by the United
States and the proceeds therefrom shall not be available to the Lessee under the provisions of this
lease.
26. DISPUTES CLAUSE
a. Except as provided in the Contract Disputes Act of 1978 (41 U.S.C. 601-613) (the Act), all
disputes arising under or relating to this lease shall be resolved under this clause and the
provisions of the Act.
b. "Claim," as used in this clause, means a written demand or written assertion by the Lessee
seeking, as a matter of right, the payment of money in a sum certain, the adjustment of
interpretation of lease terms, or other relief arising under or relating to this lease. A claim arising
under this lease, unlike a claim relating to that lease, is a claim that can be resolved under a lease
clause that provides for the relief sought by the Lessee. However, a written demand or written
assertion by the Lessee seeking the payment of money exceeding $50,000 is not a claim under
the Act until certified as required by subparagraph c.(2) below.
c. (1) A claim by the Lessee shall be made in writing and submitted to the District Engineer
for a written decision. A claim by the Government against the Lessee shall be subject to a
written decision by the District Engineer.
(2) For Lessee claims exceeding $50,000, the Lessee shall submit with the claim a
certification that:
(i) The claim is made in good faith;
(ii) Supporting data are accurate and complete to the best of the Lessee's knowledge and
belief; and
(iii) The amount requested accurately reflects the lease adjustment for which the Lessee
believes the Government is liable.
(3) If the Lessee is an individual, the certificate shall be executed by that individual. If the
Lessee is not an individual, the certification shall be executed by:
(i) A senior company official in charge at the Lessee's location involved; or
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(ii) An officer or general partner of the Lessee having overall responsibility of the
conduct of the Lessee's affairs.
d. For Lessee claims of $50,000 or less, the District Engineer must, if requested in writing by
the Lessee, render a decision within 60 days of the request. For Lessee-certified claims over
$50,000, the District Engineer must, within 60 days, decide the claim or notify the Lessee of the
date by which the decision will be made.
e. The District Engineer's decision shall be final unless the Lessee appeals or files a suit as
provided in the Act.
f. At the time a claim by the Lessee is submitted to the District Engineer or a claim by the
Government is presented to the Lessee, the parties, by mutual consent, may agree to use
alternative means of dispute resolution. When using alternate dispute resolution procedures, any
claim, regardless of amount, shall be accompanied by the certificate described in paragraph c.(2)
of this clause, and executed in accordance with paragraph c.(3) of this clause.
g. The Government shall pay interest on the amount found due and unpaid by the Government
from (1) the date the District Engineer received the claim (properly certified if required), or (2)
the date payment otherwise would be due, ifthat date is later, until the date of payment. Simple
interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury, as provided in
the Act, which is applicable to the period during which the District Engineer receives the claim,
and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during
the pendency of the claim.
h. The Lessee shall proceed diligently with the performance of the lease, pending final
resolution of any request for relief, claim, appeal, or action arising under the lease, and comply
with any decision of the District Engineer.
27. ENVIRONMENTAL PROTECTION
a. Within the limits of their respective legal powers, the parties to this lease shall protect the
project against pollution of its air, ground, and water. The Lessee shall comply promptly with
any laws, regulations, conditions or instructions affecting the activity hereby authorized, if and
when issued by the Environmental Protection Agency, or any Federal, state, interstate or local
governmental agency having jurisdiction to abate or prevent pollution. The disposal of any toxic
or hazardous materials within the leased area is specifically prohibited. Such regulations,
conditions, or instructions in effect or prescribed by the Environmental Protection Agency, or
any Federal, state, interstate or local governmental agency, are hereby made a condition ofthis
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.
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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 comparison of the two assessments will assist the District Engineer in
determining any environmental restoration requirements. Any such requirements will be
completed by the lessee in accordance with the condition on RESTORATION.
29. HISTORIC PRESERVATION
The Lessee shall not remove or disturb, or cause or permit to be removed or disturbed, any
historical, archaeological, architectural or other cultural artifacts, relics, remains, or objects of
antiquity. In the event such items are discovered on the premises, the Lessee shall immediately
notify the District Engineer and protect the site and the material from further disturbance until
the District Engineer gives clearance to proceed.
30. SOIL AND WATER CONSERVATION
The Lessee shall maintain in a manner satisfactory to the District Engineer, all soil and water
conservation structures that may be in existence upon said premises at the beginning of, or that
may be constructed by the Lessee during the term of, this lease, and the Lessee shall take
appropriate measures to prevent or control soil erosion within the premises. Any soil erosion
occurring outside the premises resulting from the activities of the Lessee shall be corrected by
the Lessee as directed by the District Engineer.
31. TRANSIENT USE
a. Camping, including transient trailers or recreational vehicles, at one or more campsites for a
period longer than 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.
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32. COVENANT AGAINST CONTINGENT FEES
The Lessee warrants that no person or selling agency has been employed or retained to solicit
or secure this lease upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial
or selling agencies maintained by the Lessee for the purpose of securing business. For breach or
violation of this warranty, the United States shall have the right to annul this lease without
liability or, in its discretion, to require the Lessee to pay, in addition to the lease rental or
consideration, the full amount of such commission, percentage, brokerage, or contingent fee.
33. OFFICIALS NOT TO BENEFIT
No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any
share or part of this lease or to any benefits to arise therefrom. However, nothing herein
contained shall be construed to extend to any incorporated company if the lease be for the
general benefit of such corporation or company.
34. MODIFICATIONS
This lease contains the entire agreement between the parties hereto, and no modification of
this agreement, or waiver, or consent hereunder shall be valid unless the same be in writing,
signed by the parties to be bound or by a duly authorized representative; and this provision shall
apply to this clause as well as all other conditions of this lease.
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. S 403), or Section 404 of the Clean Water Act (33 U.S.C. S 1344).
36. ADDITIONAL CONDITIONS
a. The City of The Colony will be required to manage the lease premises in accordance
with the Challenge Partnership Agreement attached as Exhibit E.
b. This lease will expire if the Challenge Partnership Agreement expires or is cancelled for
any reason.
c. Construction activities should be coordinated through the Lewisville Project Office
(469) 645-9100, prior to beginning work.
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IN WITNESS WHEREOF I have he:;t/oo set my hand hy authority/direction of the
Secretary of the Army this '1 ~ day of t:U2(~ , 2009.
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. er
Acting Chief, Real Estate Division
~'-'.'.1'-' T.~IS.L~ASE is also executed hy the Lessee this ell ~ay of
} n 11. Jl../ /' '- ,2009.
I 1:1- .
The City of The Colony
BY:
'~'. r r
C \ n I ,
I::;f ..'-..\1, Cj!~.,~\\.cV'''l
(~t .
\.- rty M ,.I} 1\,/;~.9t:~
TITLE:
13
CERTIFICATE
I, CRC6t e.. LJ! by'"" , ~ertify that I am the (~~ ~ rer/)' J ofTh. City
of The Colony Grantee herein that _\JLLt.~ C )L\ p (~ \ k P.n:\who signed this
f" .
Lease on behalf of the Grantee was then (I,; .1.:+tJ (Y\II~,^ I~ ( 1\ i. (' of The City of The Colony,
)
and that said Lease was duly signed for and behalf of The City of The Colony by authority
of its governing body and is within the scope of its legal powers.
. . '),...... I II . ., I ''I I'~' /'
I I {A.iIL", '. (:;;>< i .-.?O CJ '/
j
Date
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Name
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Note: Someone other than the individual who executes the Lease must complete this
certificate.
14
US Army Corps of Engineers Lands
Citv of The Colonv Citv limit & ETJ Areas
.
~~00lr
SCALE IN FEI
Exhibit A
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The Colony
Wildlife Management Area
5 Year Development Plan
2008-2013
Year 1: Construct 3.5 mile decomposed granite trail with pedestrian crossings from
Stewart Creek Park to Ridgepointe Park
Install trailhead and parking lot next to Ridgepointe Park
Install benches, interpretive signage, mile markers, trash receptacles on trail
Implement mowing permit program for adjacent landowners
Year 2: Construct trail connecting Lebanon Rd. to shoreline and WMA through The
Tribute residential neighborhood
Perform general maintenance on trails in WMA
Monitor mowing and under brushing activities
Year 3: Install nature observation areas with benches
Perform general maintenance activities
Monitor mowing and under brushing activities
\
Year 4: Perform general maintenance
Monitor mowing and under brushing activities
Install fishing pier between Ridgepointe Park and Stewart Creek Park
Year 5: Perform general maintenance
Monitor mowing and under brushing activities
Exhibit D
PRELIMINARY ASSESSMENT SCREENING
1. REAL PROPERTY TRANSACTION: The Corps proposes to issue a Park and Recreation
Lease, No. DACW63-l-09-0584, to The Colony for Low Density Recreation Development in the
Wildlife Management Areas, on approximately 600 acres of land and water, at Lewisville Lake.
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) Lewisville Lake Master plan.
4) Operations Division files.
5) Safety and Occupational Health and Safety Office files.
6) Engineering Division files.
b. A SITE INVESTIGATION was performed and evaluated the following areas:
l) Visual inspection of existing conditions.
2) Interview with Project Office personnel.
2. STATEMENT OF FINDINGS
a. COMPREHENSIVE RECORD SEARCH SUMMARY
A complete search of the District files which pertain to the proposed lease area was made as
stated in l.a. above. This records search revealed no evidence of any hazardous substance being
stored, released or disposed of on the property involved. The operating plans and historical
records also showed no evidence of any activity which would have contaminated the property
with hazardous substances.
b. SITE INVESTIGATION SUMMARY
A site investigation of the proposed lease area was made as stated in 1.b. above. This visual
inspection revealed no unusual odors, stained soils, stressed vegetation, suspicious seepage,
manmade land features, unnatural surface features or other evidence that would indicate the
Exhibit E
presence of hazardous wastes. Based on this inspection it was determined no hazardous
substance has been stored, released or disposed of on the property involved. Project personnel
have no knowledge of past activities which might have created a hazardous situation.
.('/ ;
I~~/lh~> (' f{'~" >(~","J~i~, i-' ~/~ /
Prepared By: Vic!j Akers
CESWF-RE-M
:~.-'~//:~,?-T.i
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Dafe
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A ed B ":. ~ ~'o--::::>-
PP - n_ .
Shane P. Demmer
Acting Chief, Real Estate Division
9~,*
Date
CHALLENGE PARTNERSHIP AGREEMENT
BETWEEN
THE US ARMY CORPS OF ENGINEERS
AND the CITY of THE COLONY
FOR
MANAGEMENT AND DEVELOPMENT OF "LOW DENSITY" RECREATION
WITHIN WILDLIFE MANAGEMENT AREAS
, (/ /-1/'
TillS AGREEMENT, entered into this Id day of ~.J!.f'{' ,2008, by and between
the U.S. Army Corps of Engineers (hereinafter the "Corps"), represented by the District
Commander, U.S. Army Engineer Fort Worth District, represented by his duly authorized
designated official, and the City of The Colony (hereinafter the "Partner"), represented by their
duly authorized designated official.
WITNESSETH, THAT:
WHEREAS, the Corps stewardship mission is to manage and conserve those natural
resources, consistent with ecosystem management principles, while providing quality public
outdoor recreation experiences to serve the needs of present and future generations, and
WHEREAS, the Corps manages for long-term public access to, and low density
recreation use of, the natural resources in cooperation with other Federal, State, and local
agencies as well as the private sector, and
WHEREAS, the Corps conserves natural resources and integrates the management of
diverse natural resource components such as fish, wildlife, forests, wetlands, grasslands, soil, air,
shoreline management, and wate~ with the provision of public recreation opportunities that
contribute to the quality of American life, and
WHEREAS, the Corps conducted a Programmatic Environmental Assessment (PEA)
entitled "Programmatic Environmental Assessment on Allowable Adjacent Landowner Activities
Incorporating Ecosystem Management Practices on Federal Lands at Grapevine and Lewisville
Lakes, Texas", dated May 2005,
WHEREAS, the PEA received a Finding of No Significant Impact (FONSI), dated May
2005, which concluded that it is in the best interest to enter into agreements with Groups in order
to implement the Elm Fork Project Shoreline Management Plans and promote stewardship of our
Natural Resources, and
WHEREAS, groups refer to (in order of precedence) Cities, Natural Resource /
Conservation Groups, Homeowners Associations, and if none of these groups exist "grouping of
individual adjacent landowners", and if that' s not possible "individual adjacent landowners", and
WHEREAS, the Challenge Partnership program, as authorized by Section 225 of the
Water Resources Development Act of 1992, shall be used to provide opportunities for non-
Federal public (entity) and private groups and individuals to contribute to and participate in the
operation and/or management of recreation facilities and natural resources at Corps water
resource development projects as a way to maximize the impact of federal appropriations while
effectively managing Corps assets and
Exhibit F 1
CHALLENGE PARTNERSHIP AGREEMENT
BETWEEN
THE US ARMY CORPS OF ENGINEERS
AND the CITY of THE COLONY
FOR
MANAGEMENT AND DEVELOPMENT OF "LOW DENSITY" RECREATION
WITHIN WILDLIFE MANAGEMENT AREAS
WHEREAS, state and local government agencies serve the needs of state and local
residents and manage regionally significant resources and impact regional economies, and as
public entities, havc an inherent stewardship responsibility to manage the recreation resources
under their jurisdiction, and may utilize the availability of natural resources, funding and
professional expertise needed to carry out this responsibility; and will be encouraged to develop
and administer project lands allocated for public park and recreational purposes through lease
agreements, and
WHEREAS, challenge partnership agreements may be used for the identification,
protection, improvement, rehabilitation, preservation, management, or interpretation of natural
resources, environmental features, recreation areas and facilities, or cultural resources, and
WHEREAS, the Partner has the same Natural Resource Values as the Corps and wants
to assist in managing the land consistent with the Corps Mission and PEA requirements for the
whole public (not just adjacent landowners) for the present and future generations, and
WHEREAS, it is mutually beneficial for the Corps and the Partner to work jointly and
cooperatively to improve and protect the Natural Resources and shoreline areas of the designated
Corps lands as indicated on the attached drawing; and
WHEREAS, the Partner is also interested in requesting authority to install, operate, and
maintain low density recreation improvements within Natural Resource Management areas such
as, but not limited to, trails; trail heads (ie. parking lots, restrooms, etc.); signs; the installation
and management of fishing platforms, wildlife observations platforms, gravel spawning beds;
etc., and
WHEREAS, the Corps and the Partner have the full authority and capability to enter into
a lease with the partner and perform as hereinafter set forth and intend to cooperate in the
challenge partnership in accordance with the terms of this agreement;
NOW THEREFORE, the Corps and the Partner agree as follows:
ARTICLE I - DEFINITIONS AND GENERAL PROVISIONS
For purposes of this agreement:
1. The term "permitted area" is the Federal Property designated as Wildlife Management Areas
within the Partner's city limits and extra territorial jurisdiction.
2
CHALLENGE PARTNERSHIP AGREEMENT
BETWEEN
THE US ARMY CORPS OF ENGINEERS
AND the CITY of THE COLONY
FOR
MANAGEMENT AND DEVELOPMENT OF "LOW DENSITY" RECREATION
WITHIN WILDLIFE MANAGEMENT AREAS
2. Authorized activities within permitted area include:
a. management of Mowing and Underbrushing Zone (MUZ) area within PEA guidance, and
b. management of Narrow Shoreline Variance (NSV A) areas within PEA guidance, and
c. management of Habitat Management Zone (HMZ) areas within PEA guidance, and
d. installation of improvements and facilities within the above listed zones as deemed
prudent and as authorized within the Corps Land lJse Classification guidelines.
3. This agreement in no way restricts the Government from participating in similar activities or
arrangements with, or accepting contributions from, other public and private agencies,
organizations, and individuals.
4. All property, facilities and improvements placed on Government land as well as any work
accomplished under this agreement shall become the property of the Corps; however, all such
property facilities and improvements shall be managed by the Partner. Note: Any improvements
constructed or placed on the premises under a lease will be subject to the conditions of the lease.
5. The Partner and the Corps, by mutual agreement, may sub-assign mowing and underbrushing
responsibilities to Corps-approved assignee(s).
ARTICLE II - OBLIGATIONS OF THE PARTIES
1. The Corps, subject to availability of funds appropriated by the Congress of the United States,
shall:
a. Grant a separate Real Estate instrument to the City (ie. Low Density Park and Recreation
Lease or License) for the use of government owned real property, should such use be
deemed appropriate by the parties. Any resulting instrument will not merge with the
Agreement.
b. Provide review and give necessary approvals or disapprovals in a timely manner to the
Partner for any and all proposals, programs, special events, suggestions and other
activities in which the Partner might wish to engage.
c. Assist the Partner in working with adjacent landowners that may violate the provisions of
this agreement.
d. Provide assistance in developing ecosystem prescriptions.
e. Ifneeded, assist in the prosecution of violators of this agreement in State and/or Federal
courts in support of the partner, as necessary,
f. Where necessary, install boundary markings and necessary signage to identify the Federal
boundary line and identify the 50 foot mow zone / start of the Habitat Management Zone.
3
CHALLENGE PARTNERSHIP AGREEMENT
BETWEEN
THE US ARMY CORPS OF ENGINEERS
AND the CITY of THE COLONY
FOR
MANAGEMENT AND DEVELOPMENT OF "LOW DENSITY" RECREATION
WITHIN WILDLIFE MANAGEMENT AREAS
2. The Partner shall agree to the activities within the following areas:
a. MUZ Area - Within this area, the Partner is authorized to implement but not required to
implement, the mow zones as identified in the PEA. Wherever the Partner elects to
implement the MUZ areas, they may either mow and/or underbrush the permitted area
themselves, contract the work to a responsible firm, and/or sub-permit the work to
conservation groups and/or adjacent landowners. Note: If the Partner elects to issues
sub-permits, the partner is authorized to collect administrative fees to recover those costs.
The Partner shall ensure that the following Mowing and Underbrushing Guidelines are
followed, within the permitted area:
l) May mow (not less than three inches in height) or remove underbrush and vines
utilizing mechanical or chemical means within the permitted area. Only certified
applicators, certified by the Texas Department of Agriculture, may apply pesticides
within the permitted area. Any pesticide used on the permitted area must be applied
in accordance with the EPA-approved label and must be suitable for use in or near
bodies of water. The use of herbicides on the permitted area is restricted to post-
emergent foliar or basal trunk applications. Herbicides shall be used only for the
selective control of vines, non-native species, and thicket-forming species as set forth
in the Ecosystem Vegetation Management Prescription in the PEA. Use of pre-
emergent, broadcast or soil-active herbicides is prohibited. Mowing equipment shall
be lightweight equipment designed for managing turf areas. Note: No heavy, farm
type tractors or mowers will be allowed.
2) Mature trees may be pruned to a height of 10 feet.
3) Trees with a trunk. diameter greater than two inches at a point l2 inches above ground
may not be removed without Corps approval. Note: Beneficial shrub species may
not be removed including; but not limited to, Mexican Plum, coral berry, deciduous
holly (possumhaw), rusty blackhaw, and eastern redbud.
4) In general, dead trees and tree limbs may be removed from the permitted area unless
they are determined to be structurally sound or is serving as wildlife habitat and do
not pose a threat to pedestrians or private property.
5) If chipping of underbrush and tree trimmings is to be performed; then, the chips may
be distributed on Corps property within the permitted mowing area if the chips are not
deeper than 1'2 inch.
6) Sowing or planting of non-native species are prohibited. Only planting of native (to
this region) drought resistant grasses, shrubs, and trees are permitted.
4
CHALLENGEPARTNERSHlPAGREEMENT
BETWEEN
THE US ARMY CORPS OF ENGINEERS
AND the CITY of THE COLONY
FOR
MANAGEMENT AND DEVELOPMENT OF "LOW DENSITY" RECREATION
WITHlN WILDLIFE MANAGEMENT AREAS
b. NSV Area - Narrow Shoreline Variance areas as shown in the PEA are authorized to be
implemented but not required to be implemented. These zones are areas where
additional mowing are authorized (between the Federal property line and the
conservation pool) and have been identified because they are too narrow to support
viable wildlife habitat management. If the NSV areas are implemented, the Partner must
obtain mitigation funds within PEA guidance and are hereby authorized to utilize these
Mitigation funds for the beneficial purposes within their leased Low Density Recreation
habitat management zone areas. Any mitigation funds collected from the NSV areas will
be retained by the Partner and utilized for restoration of the Federal Property. The
Partner will provide the Corps with an accounting of any of these mitigation restoration
funds collected and identify how the funds were expended within the permitted area.
Note: The Corps will need to review aI\d approve the Partner's mitigation/restitution
plan prior to expenditure.
c. HMZ Area - The Partner is authorized to implement Corps-approved, ecosystem-based
Vegetation Management Prescriptions within these permitted areas classified as wildlife
management/low-density recreation within the guidelines of the PEA, as deemed
necessary. These areas are specifically authorized for low density recreation purposes
such as hiking, fishing, horseback riding, bird watching, nature study, hunting (in
authorized areas), and other similar activities
d. Install Natural Resource Facilities: The Partners is authorized to install these types of
facilities within all permitted areas as authorized by the Corps on a case-by-case basis.
Please direct any requests for authority to install, operate, and maintain Natural Resource
facilities such as; but not limited to, the installation and management of trails, fishing
docks, wildlife observations platforms, gravel spawning beds, etc., to the Lewisville Lake
Manager. NOTE: The Partner is required to provide conceptual drawings, plan of
operation and maintenance, to obtain authority from the Corps to install, operate, and
maintain such features for the public. This agreement does not and cannot authorize
private exclusive utilization of any land, water, or feature.
e. Enforce All Applicable Laws and/or REGULATIONS within permitted areas: The
City may enact or extend their ordinances (including vegetation / tree) onto Federal
Property and enforce those ordinances in accordance with State and Title 36 Code of
Federal Regulations. Any punitive and or administrative funds collected by the Partner
may be kept and utilized by the partner. Any restitution collected for damages to Federal
Property, will be retained by the Partner and utilized for restoration of the Federal
Property. The Partner will provide the Corps with an accounting of any restoration funds
collected and identify how the funds were expended within the permitted area. Note:
The Corps will need to review and approve the Partner's Restitution Plan prior to
expenditure.
5
CHALLENGEPARTNERSHlPAGREEMENT
BETWEEN
THE US ARMY CORPS OF ENGINEERS
AND the CITY of THE COLONY
FOR
MANAGEMENT AND DEVELOPMENT OF "LOW DENSITY" RECREATION
WITHIN WILDLIFE MANAGEMENT AREAS
ARTICLE III - DISPUTE RESOLUTION
As a condition precedent to a party bringing any suit for breach of this Agreement, that party
must first notify the other party in writing of the nature of the purported breach and seek in good
faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through
negotiation, they may agree to a mutually acceptable method of non-binding alternative dispute
resolution with a qualified third party acceptable to both parties. The parties shall each pay 50
percent of any costs for the services provided by such a third party as such costs are incurred.
The existence of a dispute shall not excuse the parties from performance pursuant to this
Agreement.
ARTICLE IV - FEDERAL AND STATE LAWS
In exercise of their respective rights and obligations under this Agreement, the Government and
the Partners agree to comply with all applicable Federal and State laws and regulations,
including, but not limited to, Section 601 of Title VI of the Civil Rights Act of 1964, PL 88-352,
and the Department of Defense Directive 5500.l1 issued pursuant thereto and published in Part
300 of Title 32, Code of Federal Regulations, as well as Army Regulations 600.7, entith~d "Non-
discrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by
the Department of the Army."
ARTICLE V - RELATIONSHlP OF PARTIES
a. In the exercise of their respective rights and obligations under this Agreement, the Corps
and the Partner each act in an independent capacity, and neither is to be considered the officer,
agent, or employee of the other.
b. In the exercise of its rights and obligations under this Agreement, neither party shall
provide, without the consent of the other party, any contractor with a release that waives or
purports to waive any rights such other party may have to seek relief or redress against such
contractor either pursuant to any cause of action that such other party may have or for violation
of any law.
c. This agreement shall not supercede or alter any other agreements, including but not limited
to, any agreement held between a Partner and the Government or any agreement held by the
Partner. This agreement is a separate instrument.
6
CHALLENGE PARTNERSHIP AGREEMENT
BETWEEN
THE US ARMY CORPS OF ENGINEERS
AND the CITY of THE COLONY
FOR
MANAGEMENT AND DEVELOPMENT OF "LOW DENSITY" RECREATION
WITHIN WILDLIFE MANAGEMENT AREAS
ARTICLE VI - OFFICIALS NOT TO BENEFIT
No member of or delegate to the Congress, or resident commissioner, shall be admitted to any
share or part of this Agreement, or to any benefit that may arise therefrom.
ARTICLE VII - INDEMNIFICATION
To the extent allowed by law, each Partner shall hold and save the Government and the other
Partners party to this agreement free from all damages arising from services it performs or
provides for the construction, operation, maintenance, repair, replacement, and rehabilitation of
the permitted area, except for damages due to the fault or negligence of the Government,
Partners, or their contractors. This provision does not and shall not be construed to waive any ,
sovereign or governmental immunity or other available defense under State or Federal law.
Additionally, this Agreement does not create any rights or obligations to any person who is not a
party to this Agreement.
ARTICLE VIII - DURATION OF AGREEMENT
This agreement shall be effective for no more than five years commencing on the day following
the ratification of this agreement by the Corps. This agreement will automatically renew for
another five-year period on January 1 of the last year, unless a Partner gives notice of
cancellation before the date of renewal.
ARTICLE IX - TERMINATION OR SUSPENSION
a. If at any time the Partner fails to fulfill its obligations under this Agreement, the District
Commander, or his designee, shall terminate this Agreement or suspend future performance
under this Agreement unless he/she determines that continuation of work is in the interest of the
United States. .
b. If the Corps or the Partner fails to receive annual appropriations in amounts sufficient to
meet the required expenditures for the then-current or upcoming fiscal year, either party should
notify the other party, and 60 days thereafter either party may elect without penalty to terminate
this Agreement or to suspend future performance under this Agreement. In the event that either
party elects to suspend future performance under this Agreement pursuant to this paragraph, such
suspension shall remain in effect until such time as either party receives sufficient appropriations
or until either the Corps or the Partner elects to terminate this Agreement.
7
CHALLENGE PARTNERSHIP AGREEMENT
BETWEEN
THE US ARMY CORPS OF ENGINEERS
AND the CITY of THE COLONY
FOR
MANAGEMENT AND DEVELOPMENT OF "LOW DENSITY" RECREATION
W1TmN WILDLIFE MANAGEMENT AREAS
c. This Agreement may be terminated upon written request by either party with a 60 days
written notice. Any lease to the Partner resulting from this agreement may be terminated if the
Agreement expires or is cancelled for any reason.
ARTICLE X - NOTICES
a. Any notice, request, demand, or other communication required or permitted to be given
under this Agreement shall be deemed to have been duly given if in writing and delivered
personally or by telegram, or mailed either by first-class, registered, or certified mail, as follows:
If to the Partner:
Mayor, John Dillard
City Manager, Dale Cheatham
City Hall
6800 Main Street
The Colony, Texas 75056
If to the Corps:
District Commander
U.S. Army Engineer District
Elm Fork Project Office
180l N. Mill Street
Lewisville, Texas 75057-l82l
b. A Partner may change the address to which such communications are to be directed by
giving written notice to the other Partner in the manner provided in this Article.
c. Any notice, request, demand, or other communication made pursuant to this Article shall
be deemed to have been received by the addressee at the earlier of such time as it is actually
received or seven calendar days after it is mailed.
ARTICLE X1- CONFIDENTIALITY
To the extent permitted by the laws governing each Partner, the Partners agree to maintain the
confidentiality of exchanged information when requested to do so by the providing Partner in
accordance with State and Federal law..
8
CHALLENGE PARTNERSHIP AGREEMENT
BETWEEN
THE US ARMY CORPS OF ENGINEERS
AND the CITY of THE COLONY
FOR
MANAGEMENT AND DEVELOPMENT OF "LOW DENSITY" RECREATION
WITHIN WILDLIFE MANAGEMENT AREAS
IN WITNESS WHEREOF, the Partners hereto have executed this Agreement, which shall
become effective upon the date it is signed by the Commander, Ft. Worth District.
The Department of the Army
BY:
~
Charles L. Bur
Acting Chief, Operations Division
Fort Worth Engineer District
Acting on behalf of the District Engineer
City of The Colony:
B~ ~CLL
Dale Cheatham
City Manager
Authorized Person
Acting on the behalf ofthe, Mayor .
DATE: 2f) Mol.-- ZDOg
DATE: ~j (",j
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9