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HomeMy WebLinkAbout96-60 1 5 ? 14 17 20 21 2~ 27 RESOLUTION NO. 96-60 RF~OLUTION AUTHORIZING CITY MANAGER TO SIGN ACCESS LICENSE GRANTING ACCESS TO OXYGEN MONITORING SYSTEM AT LAKE MENDOCINO POWER PLAN WHEREAS, it is vital that the City has access to City facilities located the Lake Mendocino Power project; and WHEREAS, the City has applied to the Department of Army Corps of Engineer for an Access License; and WHEREAS, the document describing the requirements is presented in the form of License No. DACWO5-3-96-543; and WHEREAS, these documents require the signature of the City Manager. THEREFORE, BE IT RESOLVED, that the City Council of the City of Ukiah approves License DACWO5-3-96-543 and the City Manager of the City of Ukiah, Candace Horsley, is hereby authorized and directed to execute the License for and on behalf of the City of Ukiah. PASSED AND ADOPTED this lst day of May the following roll call vote. AYES: Councilmembers NOES: None. ABSENT: Co~qciLme~b~r l~astin. ABSTAIN: None. ,1996 by Malone, Wattenburger, Shoemaker, and Mayor Schneiter. Fred Schneiter Mayor d NO. DACW05-3-96-543 DEPARTMENT OF THE ARMY LICENSE LAKE MENDOCINO MENDOCINO COUNTY, CALIFORNIA THE SECRETARY OF THE ARMY, hereinafter, referred to as the Secretary, under and by virtue of the authority vested in the Secretary by Title 10, United States Code, Section 2668, hereby grants to the City of Ukiah, a Public Body, Corporate and Politic, of the State of California, hereinafter referred to as the grantee, a license over, across, in and upon lands of the United States, for non-exclusive use of an existing access road consisting of Lake Mendocino Drive from western boundary of U.S. Government land, northeastward to the intersection with the Coyote Dam Crest Road, southward on the Coyote Dam Crest Road to the intake tower gate as designated by the District Engineer, U.S. Army Engineer District, Sacramento, as identified in red on Exhibit "A", attached hereto and made a part hereof, hereinafter referred to as the premises. THIS LICENSE is granted subject to the following conditions: 1. TERM This license is granted for a term of five (5) years, beginning 1 June 1996 and ending 31 May 2001, but revocable at will by the Secretary. 2. CONSIDERATION The grantee shall pay in advance to the United States the amount of TWO HUNDRED SIXTY AND NO/100 DOLLARS ($260.00), in full for the term hereof payable to the order of the Finance and Accounting Officer, Sacramento District, ("FAO-USAED, Sacramento" is acceptable) and delivered to the District Engineer, U. S. Army Engineer District, Sacramento, 1325 J Street, Sacramento, California 95814-2922. 3. NOTICES Ail notices and correspondence to be given pursuant to this license shall be addressed, if to the grantee, to the City of Ukiah, 300 Seminary Avenue, Ukiah, California 95482; and if to the United States, to the District Engineer, Attention: Chief, Real Estate Division, 1325 J Street, Sacramento, California 95814-2922; 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 LAKE MENDOCINO, CALIFORNIA LICENSE No. DACWO5-3-96-543 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", "District Engineer", or "said officer" shall include their duly authorized representatives. Any reference to ,,grantee" shall include any duly authorized representatives. 5. SUPERVISION BY THE DISTRICT ENGINEER The use and occupation of the premises shall be subject to the general supervision and approval of'the District Engineer, Sacramento District, hereinafter referred to as said officer, and to such rules and regulations as may be prescribed from time to time by said officer. 6. APPLICABLE LAWS AND REGULATIONS The grantee shall comply with all applicable Federal, state, county and municipal laws, ordinances and regulations wherein the premises are located. 7. CONDITIONAL USE BY GRANTEE The exercise of the privileges herein granted shall be: a. without cost or expense to the United States; b. subject to the right of the United States to improve, use or maintain the premises. c. subject to other outgrants of the United States on the premises. d. personal to the g~antee, and this license, or any interest therein, may not be transferred or assigned. 8. CONDITION OF PREMISES The grantee acknowledges that it has inspected the premises, knows its condition, and understands that the same is granted without any representations or warranties whatsoever and without any obligation on the part of the United States. Page 2 of 7 LAKE MENDOCINO, CALIFORNIA LICENSE No. DACWO5-3-96-543 9. COST OF UTILITIES The grantee shall pay the cost, as determined by the officer having immediate supervision over the premises, of producing and/or supplying any utilities and other services furnished by the Government or through Government-owned facilities for the use of the grantee, including the grantee's proportionate share of the cost of operation and maintenance of the Government-owned facilities by which such utilities or services are produced or supplied. The Government shall be under no obligation to furnish utilities or services. Payment shall be made in the manner prescribed by the officer having such jurisdiction. 10. PROTECTION OF PROPERTY The grantee shall keep the premises in good order and in a clean, safe condition by and at the expense of the grantee. The grantee shall be responsible for any damage that may be caused to property of the United States by the activities of the grantee under this license, 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 grantee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the grantee to a condition satisfactory to said officer, or at the election of said officer, reimbursement made therefor by the grantee in an amount necessary to restore or replace the property to a condition satisfactory to said officer. 11. INDEMNITY The United States shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the exercise of the privileges herein granted, or for damages to the property of the grantee, or for damages to the property or injuries to the person of the grantee's officers, agents, or employees or others who may be on the premises at their invitation or the invitatio~ of any one of them, and the grantee shall hold the United States harmless from any and all such claims not including damages due to the fault or negligence of the United States or its contractors. 12. RESTORATION On or before the expiration of this license or its termination by the grantee, the grantee shall vacate the premises, remove the property of the grantee, and restore the premises to a condition satisfactory to said officer. If, however, this license is Page 3 of 7 LAKE MENDOCINO, CALIFORNIA LICENSE No. DACWO5-3-96-543 revoked, the grantee shall vacate the premises, remove said property and restore the premises to the aforesaid condition within such time as the District Engineer may designate. In either event, if the grantee shall fail or neglect to remove said property and restore the premises, then, at the option of said officer, the property shall either become the property of the United States without compensation therefor, or said 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 grantee 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 license in restoring the premises. 13. NON-DISCRIMINATION The grantee shall not discriminate against any person or persons or exclude them from participation in the grantee's operations, programs or activities because of race, color, religion, sex, age, handicap or national origin in the conduct of operations on the premises. The grantee 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. 14. TERMINATION This license may be terminated by the grantee at any time by giving the District Engineer at least ten (10) days notice in writing provided that no refund by the United States of any consideration previously paid shall be made and provided further, that in the event that said notice is not given at least ten (10) days prior to the rental due date, the grantee shall be required to pay the consideration for the period shown in the Condition on CONSIDERATION. 15. ENVIRONMENTAL PROTECTION a. Within the limits of their respective legal powers, the parties to this license shall protect the premises against pollution of its air, ground and water. The grantee shall comply 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 premises is specifically prohibited. Such regulations, conditions, or instructions in effect or prescribed by Page 4 of 7 · o. LAKE MENDOCINO, CALIFORNIA LICENSE No. DACWO5-3-96-543 said Environmental Protection Agency, or any Federal, state, interstate or local governmental agency are hereby made a condition of this license. The grantee shall not discharge waste or effluent from the premises in such a manner that the discharge will contaminate streams or other bodies of water or otherwise become a public nuisance. b. The grantee will use all reasonabl~ means available to protect the environment and natural resources, and where damage nonetheless occurs from the grantee's activities, the grantee shall be liable to restore the damaged resources. c. The grantee must obtain approval in writing from said officer before any pesticides or herbicides are applied to the premises. 16. HISTORIC PRESERVATION The grantee 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 grantee shall immediately notify said officer and protect the site and the material from further disturbance until said officer gives clearance to proceed. 17. DISCLAIMER This license is effective only insofar as the rights of the United States in the premises are concerned; and the grantee shall obtain any permit or license which may be require by Federal, state, or local statute in connection with the use of the premises. It is understood that the granting of this license 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 403), and Section 404 of the Clean Waters Act (33 USC 1344). 18. HUNTING Hunting is prohibited on the premises. 19. VEHICLE USE Ail vehicles are to stay on established roads except by permission of the said officer. Page 5 of 7 LAKE MENDOCINO, CALIFORNIA LICENSE No. DACW05-3-96-543 20. GRANTEE PERFORMED MAINTENANCE The grantee shall be responsible for the performance of maintenance on the access road in accordance with the Operation and Maintenance Agreement of Lake Mendocino Power Project dated 5 April 1984, and as modified in writing by mutual agr~eement. The grantee shall coordinate operation and maintenance activities with said officer so that neither party's activities will interfere with others. 22. INSURANCE It is understood by and between the Secretary and the grantee that the grantee is a self-insuring entity. It is further understood that for such period as the grantee shall enjoy the use of the licensed premises pursuant to the provisions and conditions of this license, and with respect to the exercise by the grantee of the rights herein granted, the grantee shall maintain in force insurance covering workmen's compensation, damage to property and injuries to third parties caused by negligence or wrongful acts by the licensee's representatives, employees, contractors or agents. 23. ISSUANCE OF KEYS Keys shall be issued by Property Loan Receipt to the grantee's designated representative. Keys may not be duplicated. Loss of keys may require the grantee to pay for re-keying of the Lake Mendocino Power Plant Area. Keys must be returned to the Park Manager at his request. The park Manager must be provided with any change of the licensee's designated representative and/or alternates. 24. RIGHT TO MAKE CONNECTIONS The United States reserves the right to make such connections between the road or street herein authorized and other roads and streets on said lands as the Government may fro~ time to time consider necessary, and also reserves to itself rights-of-way for all purposes across, over, and/or under the right-of-way hereby Page 6 of 7 LAKE MENDOCINO, CALIFORNIA LICENSE No. DACWO5-3-96-543 granted; provided, however, that such rights shall be used in a manner that will not create unnecessary interference with the use and enjoyment by the grantee of said right-of-way for road or street purposes. THIS LICENSE is not subject to Title 10, United States Code, Section 2662, as amended. IN WITNESS WHEREOF, I have hereunto set my hand by authority of the Secretary of the Army, this 2/ _~ day of ~'/~ , 1996. Reviewed as to Form and Content Attorney MARVIN D, FISHER Chief, Real Estate Division U.S. Army Engineer District, Sacramento THIS LICENSE is also executed by the grantee this day of ~~ , 1996. Candace Horsley City Manager Page 7 of 7