2000-137FILE REFERENCE FORM 2000-137
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
Date Initials
O IN CE NO CDO 7
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT
COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE
DEPARTMENT OF THE ARMY FOR MODIFICATION OF THE LEWISVILLE LAKE
WILDLIFE MANAGEMENT AREA OF LEWISVILLE LAKE, TEXAS, AND PROVIDING
FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the City Manager ~s hereby authorized to execute a ProJect
Cooperation Agreement between the Department of the Army and the City of Denton, Texas for
modfficatlon of the Lewmvflle Lake Wlldhfe Management Area on Lew~svllle Lake, Texas, a
copy ofwhmh m attached hereto and meorporated by reference here~n
SECTION 2 That the C~ty Manager is farther authorized to take the action and make
any expenditures reqmred by the attached Agreement
SECTION 3 That this ordmance shall become effective immediately upon its passage
and approval
.2000
JA~M~LER MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY - - v"v ' ' [
NO.
DEPARTMENT OF THE ARMY LEASE
LEWISVILLE LAKE
DENTON COUNTY, TEXAS
DACW63-1-00-0799
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 DENTON, TEXAS, hereinafter referred to as the
Lessee
WITMESSETH.
That the Secretary, by authority of Title 16, United States
Code, Section 460d, as amended, and Section 1135(b) of the Water
Resources Development Act of 1986, Public Law 99-662, as amended,
and pursuant to Pro]ect Cooperation Agreement between the
Department of the Army and the Local Sponsor/Lessee entered into
on 19 July 1999, (hereinafter referred to as ~PCA"), attached
hereto and referred to as Exhibit "A", and for the consideration
hereinafter set forth, hereby leases approximately 2,645 acres of
land within Tracts M-1101-2, 2531 and 2532, to the Lessee as
Identified in Exhibit "B", attached hereto and made a part
hereof, hereinafter referred to as the premises, for the
implementation, operation, repair, replacement and rehabilitation
of the Pro]ect Modification
THIS LEASE is granted subject to the following conditions
1 TERM
Said premises are hereby granted for so long as the PCA
remains in full force and effect
2 CONSIDERATION
The consideration for this lease is the implementation,
operation, repair, replacement and rehabilitation of the Project
Modlfmcatlon and the 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
a. Ail correspondence and notices to be given pursuant to
this lease shall be addressed, if to the Lessee, to the City
Manager for the City of Denton, 215 E McKlnney, Denton, TX 76201,
and if to the United States, to the District Engineer, Fort Worth
District, Real Estate Division, ATTN CESWF-RE-M, P 0 Box
17300, Fort Worth, TX 76102-0300, or as may from time to time
otherwise be directed in writing by the parties Any notice,
request, demand, or other communication required or permitted to
be given under this lease shall be deemed to have been duly g~ven
if in writing and either delivered personally, or by telegram, or
mailed by first-class, registered, or certified mall
b Any notice, request, demand, or other communication made
pursuant to this Condition shall be deemed to have been received
by the addressee at the earlier of such time as ~t ~s actually
received or seven calendar days after it is mailed
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 "Lessee" shall include 1ts successors, employees and
duly authorized representatives
5 PROJECT MODIFICATION ACTIVITIES
a The Lessee shall comply with the approved Ecosystem
Restoration Report or other document (~Report") described ~n
Article I of the PCA and the management and development
activities described in the Report and ~n the OMRR&R Manual
described in Article VIII of the PCA, both by this reference made
a part hereof
b The Lessee's operation, management and other pro]eot
modification activities are subordinate to the operation and
management of the Existing Project, as defined in Article I of
the PCA The Existing Project will have operational priority in
any situation where a conflict arises
c The use and occupation of the premises shall be subject
to the general supervision and approval of the District Engineer
2
6 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, water supply, sanitation,
and use of pesticides In addition, the Lessee should comply
with the specific directions and requirements contained in the
OMRR&R Manual referenced in Article VIII of the PCA The Lessee
shall make and enforce such regulations as are necessary and
within its legal authority in exercising the privileges granted
in this lease, provlded that such regulations are not
inconsistent with the provisions of law cited in the granting
clause
b The Lessee will provide an annual certIfication that all
water systems on the premises, if any, have been inspected and
comply with Federal, state and local standards Lessee will also
provide a statement of compliance with the Rehabilitation Act and
the Americans with Disabilities Act, as required in the condition
on NON-DISCRIMINATION, noting any deficiencies and providing a
schedule for correction
7 CONDITION OF PREMISES
a The Lessee acknowledges that it has inspected the
premises, knows its condition, and understands that the same is
leased without any representations or warranties whatsoever and
without obligation on the part of the United States to make any
alterations, repairs or additions thereto
b. As of the date of this lease, an inventory and
condition report of all personal property and improvements of the
United States included in this lease shall be made by the
District Engineer and the Lessee to reflect the condition of sa~d
property and said improvements A copy of sa~d report is
attached hereto as Exhibit "C" and made a part hereof Upon the
expiration revocation, or termination of th~s 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
3
8 A~RICULTURAL AND WILDLIFE CONTROL ACTIVITIES
a The Lessee may plant or harvest crops, either directly,
by service contract, by sharecrop agreements with local farmers,
or by agracultural agreements to provide food and/or habatat for
wildlife and for the development and conservation of land, fash
and w~ldlafe, forests, and other natural resources Where
feasable, contracts and agreements with third parties shall be by
competltive bid procedures
b The Lessee may take, trap, remove, stock or otherwise
control all forms of f~sh and w~ldl~fe on the premises, and may
place therein such additional forms of fish and wlldlzfe as it
may desire from tame to time, and shall have the raght to close
the area, or any parts thereof from time to tame, to fishing,
hunting or trapping, provaded that the closing of any area to
such use shall be conslstent with the state laws for the
protection of f~sh and waldlafe
9 TRANSFERS, ASSIGNMENTS
Wathout prior written approval of the District Engineer,
the Lessee shall neather transfer nor assign this lease, nor
sublet the demised premises or any part thereof, nor grant any
interest, pravllege, or license whatsoever in connection with
this lease Agreements covered by the condition on AGRICULTURAL
AND WILDLIFE CONTROL ACTIVITIES are not subject to this
condition
10 ACCOUNTS, RECORDS AND RECEIPTS
a Ail mon~es received by the Lessee from the sale of
t~mber or crops conducted on the premises may be utilized by the
Lessee, for the admlnastratlon, maintenance, operation and
development of the premises Beginning 5 years from the date of
thas lease and continuing at 5-year intervals, any such monies
not so utilized or programmed for utIlization within a reasonable
tame shall be paad to the Dastract Enganeer The Lessee shall
provide an annual statement of receipts and expenditures to the
Distract Engineer The D~strlct Engineer shall have the right to
perfor~ audats of the Lessee's records and accounts
b Payment of direct expenses is authorized for planning and
development of optimum wildlife habitat including planting of
wildlife food plots, necessary tlmber clearing, erosion control
or habitat ~mprovements such as shelter, restocking of fmsh and
wildlife, and protection of endangered species Payment of
Lessee's employees who are d~rectly engaged mn such actmvmtmes at
the project is also authorized However, proceeds will not be
used for the payment of general admlnmstratmve expenses
c Proceeds derzved from the sale of flshln9 and huntln9
leases are not subject to thms condition
11 PROTECTION OF PROPERTY
The Lessee shall be responsible for any damage that may be
caused to the property of the United States by the actmvltles of
the Lessee under this lease, and shall exercise due dmlmgence mn
the protection of all property located on the premmses 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
repamred or replaced by the Lessee to a condition satisfactory to
said officer, or at the election of said officer, remmbursement
made therefor by the Lessee in an amount necessary to restore or
replace the property to a condition satisfactory to said officer
12 RIGHT TO ENTER AND FLOOD
The right is reserved to the United States, its offmcers,
agents, and employees to enter upon the premmses at any time and
for any purpose necessary or convenment mn connection with
Government work, to make inspections, to remove timber or other
matermal, except property of the Lessee, to flood the premises,
to manipulate the level of the lake or pool mn 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 agamnst the
Unmted States or any officer, agent, or employee
13 RESTORATION
On or before the expiration of this lease or its termination
by the Lessee, the Lessee shall vacate the premmses, remove the
property of the Lessee therefrom, and restore the premises to a
5
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 with such time as the District Engineer may
designate In either event, if the Lessee shall fall or neglect
to remove said property and restore the premises, then, at the
option of the Dlstr~ct Engineer, said property shall either
become the property of the United States without compensation
therefor, or the District Engineer may cause the property to be
removed and no claim for damages against the United States or Its
officers or agents shall be created by or made on account of such
removal and restoration work The Lessee shall also pay the
United States on demand any sum which may be expended by the
United States after the expiration, revocation, or termination of
this lease in restoring the premises
14 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 (42 U S C Sections 12101 et seq ) and attendant
Americans with Disabilities Act AccessibIlity Guidelines (ADAG)
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 Section 2000d), the
Age Discrimination Act of 1975 (42 U S C Section 6102), the
Rehabilitation Act of 1973, as amended (29 U S C Section 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
15 SUBJECT TO EASEMENTS
Thls 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
6
that the proposed grantee of any new easement or route will be
coordinated with the Lessee, and easements will not be granted
which will, in the opinion of the District Engineer, interfere
with developments, present or proposed, by the Lessee The
Lessee will not close any established access routes without
written permission of the District Engineer
16 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 m~neral
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
17 COMPLIA/~CE, CLOSURE, AND REVOCATION
a The Lessee is charged at all times with full knowledge
of all the limitations and requirements of this lease and the
PCA, and the necessity for correction of deficiencies, and with
compliance with reasonable requests by the District Engineer
This lease may be revoked ~n the event the Lessee violates any of
the terms and conditions of either the lease or the PCA and
continues and persists in such violation 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 an
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, entry upon the
premises for the purpose of completing, operating, maintaining,
repairing, replacing, or rehabzlltatlng the Pro3ect Modification,
or revocation of the lease, after notice in writing of such
intent.
b This lease may be revoked by the Secretary, by giving
thirty (30) days notice in writing an the manner described in the
condition on NOTICES of this lease, in the event the PCA as
terminated pursuant to Article XIV of the PCA or the Secretary
determines that the premises zdentzfled in Exhibit "B" are no
longer required for the Implementation, operation and maintenance
of the Pro3ect Modification
18 HEALTH AND SAFETY
a The Lessee shall keep the premises in good order and in
a clean and safe condition
b In addition to the rights of revocation for
noncompliance, the District Engineer, upon discovery of any
hazardous conditions on the premises that present an Immediate
threat to health and/or danger to life or property, w~ll so
notify the Lessee and will require that the affected part or all
of the premzses be closed to the public until such condition is
corrected and the danger to the public elimInated If the
condition is not corrected, the Dlstrzct 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 shall have no claim for damages against the United States,
or any officer, agent, or employee thereof on account of action
taken pursuant to th~s condition
19 PUBLIC USE
No attempt shall be made by the Lessee to forbid the full
use by the public of the premises and of the water areas of the
pro]ect, subject, however, to the authority and responsibility of
the Lessee under this lease to manage the premises and provide
safety and security to the visiting public
20 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 premise,
except as may be authorized under and pursuant to the Report
described in the condztlon on PROJECT MODIFICATION ACTIVITIES
The Lessee may salvage fallen or dead timber, however, no
commercmal 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
21 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 provision of the Act
b "Claim", as used in this clause, means a written demand
or written assertion by the Lessee seeking, as a matter of right,
the payment of money in a sum certain, the adjustment of
Interpretation of lease terms, or other relief arising under or
relating to this lease A claim arising under this lease, unlike
a claim relating to that lease, is a claim that can be resolved
under a lease clause that provides for the relief sought by the
Lessee However, a written demand or written assertion by the
Lessee seeking the payment of money exceeding $100,000 is not a
claim under the Act until certified as required by subparagraph
b (2) below
(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 $100,000, the Lessee
shall submit with the claim a certification that--
(1) The claim is made in good faith,
(Il) Supporting data are accurate and complete to
the best of the Lessee's knowledge and belief, and
(111) 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
9
(1) A senior company official in charge at the
Lessee's location involved, or
(11) An officer or general partner of the Lessee
having overall respons~b~llty of the conduct of the Lessee's
affairs
c For Lessee claims of $100,000 or less, the D~str~ct
Engineer must, if requested in writing by the Lessee, render a
decision wlthln 60 days of the request For Lessee~certified
claims over $100,000, the District Engineer must within 60 days,
dec~de the claim or not~fy the Lessee of the date by which the
decision will be made
d The District Engineer's decision shall be final unless
the Lessee appeals or files a suit as provided in the Act
e 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 disputes resolution When using alternate
dispute resolution procedures, any claim, regardless of amount,
shall be accompanied by the certificate described in paragraph
b (2) of this clause, and executed ~n accordance w~th paragraph
b (3) of this clause
on the amount found
the date the District
or
f The Government shall pay interest
due and unpaid by the Government from (1)
Engineer received the claim (properly certified if required),
(2) the date payment otherwise would be due, ~f that date is
later, until the date of payment Simple interest on clamms
shall be paid at the rate, fixed by the Secretary of the
Treasury, as provided ~n the Act, which ~s applmcable to the
period during which the Dlstrmct Engineer received the claim, and
then at the rate applicable for each 6-month perzod as fixed by
the Treasury Secretary during the pendency of the claim
g The Lessee shall proceed d~llgently w~th the performance
of the lease, pending final resolution of any request for relief,
claim, appeal, or action arising under the lease, and comply w~th
any dec,sion of the D~str~ct Engineer
10
22 ENVIRONMENTAL PROTECTION
a Within the limits of their respective legal powers, the
part~es to this lease shall protect the premises against
pollution of its air, ground, and water The Lessee 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 ]urlsd~ctlon to abate or
prevent pollution The disposal of any toxic or hazardous
materials within the premises is specifically prohibited Such
regulations, conditions, or instructions ~n effect or prescribed
by sa~d Environmental Protection Agency, or any Federal, State,
Interstate or local governmental agency are hereby made a
condition of this lease
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 property Lessee shall be
considered the operator of the Project Modification for purposes
of liability under the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U S C Sections 9601 -9675)
c The Lessee must obtain approval in writing from said
officer before any pesticides or herbicides are applied to the
premises
23 ENVIRONMENTAL BASELINE SURVEY
An Environmental Baseline Survey (EBS) documenting the known
history of the property w~th regard to the storage, release or
disposal of hazardous substances thereon, is attached hereto and
made a part hereof as Exhibit "D" Upon expiration, revocation
or relinquishment of this lease another EBS shall be prepared by
the District Engineer 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 w~th the condition
on RESTORATION
11
24 HISTORIC PRESERVATION
The Lessee shall not remove or disturb, or cause or permit
to be removed or disturbed, any historical, archeologlcal,
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
25 SOIL AND WATER CONSERVATION
The Lessee shall maintain, in a manner satisfactory to said
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 said officer
26 HOLD HARMLESS
The Lessee shall hold and save the United States free from
damages arising from the implementation, operation, maintenance,
repair, replacement and rehabilitation of the Project
Modification, and any Project Modification-related betterments,
and management of the premises and the facilities and
improvements, except for damages due to the fault or negligence
of the United States or its contractors
27 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 v~olatlon of this warranty, the United States shall have the
right to annul this lease without l~ablllty or, in its
discretion, to require the Lessee to pay, in addition to the
lease rental or conslderatlon, the full amount of such
commission, percentage, brokerage or contingent fee
12
28 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
29 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
30 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 th~s
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 Section 403), or Section 404
of the Clean Water Act (33 U S C Section 1344)
13
IN WITNESS WHEREOF I have hereunto set my hand by authority
of the Secretary of the Army this __ day of ,
2000
Hyla J Head
Chief, Real Estate Division
of
THIS LEASE is also executed by the Lessee
~ , 2000
this ~ day
ATTEST
BY /~l BY
~l~y -~cretary
CITY OF DENTON
Michael W' Jez
City Manager
Approved as to Legal Form
Herbert L Prouty, City Attorney
BY
ney
14
CERTIFICATE
I, Herbert L Prouty
, certify that I am the City Attorney
of the Czty of Denton, Texas,
Michael W Jez
of the Lessee was then
named as Lessee herein That
, who signed thzs Lease on behalf
City Manager of the City of
Denton, Texas, and that said Lease was duly signed for and on
behalf of the Cmty by authority of its governing body and is
within the scope of 1ts legal powers
Herbert L Pr~y
15
MODEL PROJECT COOPERATION AGREEMENT FOR
SECTION 1135, PROJECT MODIFICATIONS
FOR THE IMPROVEMENT OF THE ENVIRONMENT
PROJECT COOPERATION AGREEMENT
BETWEEN
THE DEPARTMENT OF THE D~RMY
CITY OF DENTON, TEXAS
FOR MODIFICATION OF THE
LEWISVILLE LAKE WILDLIFE MANAGEMENT AREA
LEWISVILLE LAKE, TEXAS
THIS AGREEMENT is entered into this Iq~-~-- day of
.~ IV , 19~, by and between the DEPARTMENT OF THE ARMY
(hereinafter the "Government"), represented by the U S Army
Engineer for the Fort Worth D~strlct (hereinafter the "D~strlct
Englneer") and the City of Denton, Texas, (hereinafter the "Non-
Federal Sponsor"), represented by the Mayor, city of Denton,
Texas
WITNESSETH, THAT
WHEREAS, the Secretary of the Army completed construction of
the Lew~sv~lle Lake in 1954, and w~ll complete constructlon of
the Ray Roberts Lake Greenbelt Corridor Project in 1998, which
include approximately 3,046 acres of pro~ect lands at the upper
end of Lew~sv~lle Lake, Texas (hereinafter the "Ex,sting
Project", as defined in Article I A of this Agreement),
WHEREAS, mod~f~catlon of the Exlst~ng Project is authorized
by Section 1135 of the Water Resources Development Act of 1986,
Public Law 99-662, as amended,
WHEREAS, the Government and the Non-Federal Sponsor desire
to enter ~nto a Project Cooperation Agreement for ~mplementatlon
of the Lew~svllle Lake Project Modification (hereinafter the
"Project Modification", as defined in Artlcle I B of thls
Agreement),
WHEREAS, Section 1135 of the Water Resources Development Act
of 1986, Public Law 99-662, as amended, specifies the
cost-sharing requirements applicable to this Project
Modification,
Exhibit A
W~EREAS, the Non-Federal Sponsor desires to perform certain
work (hereinafter the "work-ln-k~nd", as defined in Article I M
of this Agreement) which is a part of the Project Modification,
WEEREAS, the Government and Non-Federal Sponsor have the
full authority and capability to perform as hereinafter set forth
and intend to cooperate ~n cost-sharing and financing of the
implementation of the Project Modification in accordance with the
terms of this Agreement
NOW, THEREFORE, the Government and the Non-Federal Sponsor
agree as follows
ARTICLE I - DEFINITIONS AND GENERAL PROVISIONS
For purposes of this Agreement
A The term "Existing Project" shall mean Lewisvllle Lake,
Texas, located on the Elm Fork of the Trinity River between
Dallas and Denton near the c~ty of Lewlsvllle, Denton County,
Texas The lake has a total storage capacity of 981,763 acre-
feet lnclud~ng 640,986 acre-feet of conservation storage at
elevation 522 0 feet mean sea level (msl) w~th a surface area of
29,592 acres, and 340,777 acre-feet of flood control storage at
elevation 532 0 feet msl with a surface area of 39,168 acres
Lewlsvllle Lake has an average depth of 21 feet and 250 miles of
shoreline The existing pro]ect also includes approximately
5,500 acres of wildlife management area within four separate
tracts of land.
B The term "Project Modlficatlon" shall mean the
reforestation of approximately 578 ac~es w~thin selected openings
to provide linkage among the existing r~parlan and bottomland
hardwood habitat, the construction of two wetland cells,
including the establishment of wetland vegetatlon totaling 129
acres, and the construction and placement of 102 wood duck boxes
wlthln approximately 2,644 acres of Lewlsville Lake project lands
north of U S Highway 380, am generally described in the
Ecosystem Restoration Report and Integrated Environmental
Assessment for Lewisvllle Lake Wildlife Habitat Restoration,
Denton County, Texas, dated March 1998, and approved by the
Commander, Southwestern D~vlslon, on May 28, 1998 The Project
Modlficat~on includes the work-~n-k~nd described in Artlcle I M
of th~s Agreement
C The term "total project modification costs" shall mean
all costs incurred by the Non-Federal Sponsor and the Government
in accordance with the terms of th~s Agreement directly related
to Implementation of the Project Modzf~cat~on Subject to the
provlslons of this Agreement, the term shall include, but ~s not
necessarily limited to, feasibility phase planning costs, all
engineering and design costs, lncludlng those incurred in the
feasibility phase, the costs of investigations to identify the
existence and extent of hazardous substances in accordance with
Article XV A of this Agreement, the costs incurred by the
Government for clean-up and response in accordance with Article
XV C of this Agreement, costs of historic preservation
activities in accordance with Article XVIII A of this Agreement,
actual implementation costs, the credit amount for the work-ln-
kmnd performed by the Non-Federal Sponsor in accordance with
Article II D 4 of this Agreement, supervision and administration
costs, costs of participation in the Project Coordmnatlon Team in
accordance with Article V of this Agreement, costs of contract
dispute settlements or awards, the value of lands, easements,
rights-of-way, relocations, and suitable borrow and dredged or
excavated material disposal areas for whmch the Government
affords credit in accordance wmth Article IV of this Agreement,
and costs of audit in accordance with Article X of this
Agreement The term does not include any costs for operation,
maintenance, repair, replacement, or rehabilitation, any costs
due to betterments, or any costs of dispute resolution under
Artmcle VII of this Agreement
D The term "financial obligation for implementation"
shall mean a financial obligation of the Government or a
financial obligation of the Non-Federal Sponsor for work-In-kind,
other than an obligation pertamnlng to the provmslon of lands,
easements, rights-of-way, relocations, and borrow and dredged or
excavated matermal dmsposal areas, that results or would result
in a cost that is or would be included mn total project
modmflcatlon costs
E The term "mmplementat~on" shall mean all actions
required to carry out the Project Modmflcatlon mncludlng all
actions required for modlflcatmon mn operatmons of the Existing
Pro]ect
F The term "non-Federal proportionate share" shall mean
the ratio of the Non-Federal Sponsor's total cash contribution
required in accordance with Artmcle II D 2. of th~s Agreement to
total financial obllgatmons for lmplementatmon as pro]ected by
the Government
O The term "period of mmplementatlon" shall mean the time
from the effective date of this Agreement to the date that the
District Engineer notifies the Non-Federal Sponsor in wrmtlng of
the Government's determmnatlon that ~mplementatlon of the Pro]ect
Modification is complete
H The term "highway" shall mean any public highway,
roadway, street, or way, Including any bridge thereof
3
I The term "relocation" shall mean providing a
functionally equivalent facility to the owner of an ex,sting
utility, cemetery, h~ghway or other public facility, or railroad
when such action ~s authorized in accordance with applicable
legal ~rlnclples of 3ust compensation Providing a functionally
equlvallent facility may take the form of alteration, lowering,
raising, or replacement and attendant removal of the affected
facility or part thereof
J The term "fiscal year" shall mean one fiscal year of
the Government The Government f~scal year begins on October 1
and ends on September 30
K The term "functional portion of the Project
Modification" shall mean a port~on of the Project Modification
that ~s suitable for tender to the Non-Federal Sponsor to operate
and maintain in advance of completion of the entire Project
Mod~flcation For a portion of the Pro3ect Modlf~cat~on to be
suitable for tender, the District Engineer must notify the Non-
Federal Sponsor in writing of the Government's determlnatlon that
the portion of the Project Modlf~catlon is complete and can
function independently and for a useful purpose, although the
balance of the Project Modification is not complete
L The term "betterment" shall mean a change in the design
and construction of an element of the Project Modification
resulting from the application of standards that the Government
determines exceed those that the Government would otherwise apply
for accomplishing the design and construction of that element
M The term "work-ln-kind" shall mean the provision of
materials and labor for the reforestation of 192 acres, the
provision of materials and labor for the construction and
placement of 102 wood duck boxes, and the provision of materials
and labor for the establishment of wetland vegetation, as
approved by Commander, Southwestern Division in a Memorandum
dated May 28. 1998 The work-ln-k~nd includes implementation of
the authorized improvements as well as planning, engineering,
design, supervision and administration, and other act~vltles
associated with implementation, but does not ~nclude the
implementation of betterments or the provision of lands,
easements, rights-of-way, relocations, or suitable borrow and
dredged or excavated material disposal areas associated with the
work-in-kind
ARTICLE II - OBLIGATIONS OF THE GOVERNMENT AND THE
NON-FEDERAL SPONSOR
A The Government, sub3ect to the availability of funds
and using those funds and funds provided by the Non-Federal
Sponsor, shall expeditiously ~mplement the Pro3ect Mod~flcatlon,
applyln9 those procedures usually applied to Federal projects,
pursuant to Federal laws, regulations, and policies
1 The Government shall afford the Non-Federal
Sponsor the opportunity to review and comment on the
solicitations for all contracts, including relevant plans and
specifications, prior to the Government's issuance of such
solicitations The Government shall not issue the solicitation
for the first contract for implementation until the Non-Federal
Sponsor has confirmed in writing 1ts willingness to proceed with
the Project Modification. To the extent possible, the Government
shall afford the Non-Federal Sponsor the opportunity to review
and comment on all contract modifications, including change
orders, prior to the issuance to the contractor of a Notice to
Proceed. In any instance where providing the Non-Federal Sponsor
with notification of a contract modification or change order ms
not possible prior to issuance of the Notice to Proceed, the
Government shall provide such notification in writing at the
earliest date possible To the extent possible, the Government
also shall afford the Non-Federal Sponsor the opportunity to
review and comment on all contract claims prior to resolution
thereof The Government shall consider in good faith the
comments of the Non-Federal Sponsor, but the contents of
solicitations, award of contracts, execution of contract
modifications, issuance of change orders, resolution of contract
claims, and performance of all work on the Project Modification
(whether the work is performed under contract or by Government
personnel), shall be exclusively within the control of the
Government
2 Throughout the period of Implementation, the
District Engineer shall furnish the Non-Federal Sponsor with a
copy of the Government's Written Notice of Acceptance of
Completed Work for each contract for the Pro3ect Modification
B The Non-Federal Sponsor may request the Government to
accomplish betterments Such requests shall be in writing and
shall describe the betterments requested to be accomplished If
the Government in 1ts sole discretion elects to accomplish the
requested betterments or any portion thereof, it shall so notify
the Non-Federal Sponsor in a writing that sets forth any
applicable terms and conditions, which must be consistent with
this Agreement In the event of conflict between such a writing
and this Agreement, this Agreement shall control The Non-
Federal Sponsor shall be solely responsmble for all costs due to
the requested betterments and shall pay all such costs in
accordance with Article VI C of this Agreement
C When the District Engineer determines that the entire
Project Modification is complete or that a portion of the Pro3ect
Modlflcatmon has become a functional portion of the Project
Modification, the District Engineer shall so notify the Non-
5
Federal Sponsor in writing and furnish the Non-Federal Sponsor
with an Operation, Maintenance, Repair, Replacement, and
Rehabilitation Manual (hereinafter the "OMRR&R Manual") and with
copies of all of the Government's Written Notices of Acceptance
of Completed Work for all contracts for the Project Modification
or the functional portion of the Project Modlflcatlon that have
not been provided previously Upon such notification, the Non-
Federal Sponsor shall operate, malntaln, repair, replace, and
rehabilitate the entire Project Modification or the functional
portlon of the Project Modification in accordance with Artlcle
VIII of this Agreement
D The Non-Federal Sponsor shall contribute 25 percent of
total project modlflcatlon costs in accordance with the
provisions of this paragraph
1 In accordance w~th Article III of this Agreement,
the Non-Federal Sponsor shall provide all lands, easements,
rights-of-way, and suitable borrow and dredged or excavated
material disposal areas that the Government determines the Non-
Federal Sponsor must provide for the implementation, operation,
and maintenance of the Project Modification, and shall perform or
ensure performance of all relocations that the Government
determines to be necessary for the implementation, operation, and
maintenance of the Pro]ect Modification
2 If the Government projects that the value of the
Non-Federal Sponsor's contrlbutlons under paragraph D 1 of this
Article and Articles V, X, and XV A of this Agreement will be
less than 25 percent of total project modification costs, the
Non-Federal Sponsor shall provide an additional cash
contribution, in accordance with Article VI B of this Agreement,
in the amount necessary to make the Non-Federal Sponsor's total
contribution equal to 25 percent of total pro]ect modification
costs
3 If the Government determines that the value of the
Non-Federal Sponsor's contributions provided under paragraphs
D 1 and D 2 of this Article and Articles V, X, and XV A of
this Agreement has exceeded 25 percent of total project
modlflcatlon costs, the Government, subject to the availability
of funds, shall reimburse the Non-Federal Sponsor for any such
value in excess of 25 percent of total project modification
costs After such a determination, the Government, in ~ts sole
d~scret~on, may provide any remaining Project Modification lands,
easements, rights-of-way, and suitable borrow and dredged or
excavated material disposal areas and perform any remaining
Project Modlflcatlon relocations on behalf of the Non-Federal
Sponsor Notwithstanding the provlslon of lands, easements,
rights-of-way, and suitable borrow and dredged or excavated
material disposal areas or performance of relocations by the
Government under this paragraph, the Non-Federal Sponsor shall be
6
respons.mble, as between the Government and the Non-Federal
Sponsor, for the costs of cleanup and response in accordance with
Artmcle XV C. of this Agreement
4 The Government has determined that the work-ln-kmnd is
compatmble with the Project Modlfmcat~on and has approved a
credmt mn the estmmated amount of $70,500 for mmplementatmon of
such work by the Non-Federal Sponsor The affording of such
credmt ~hall be subject to an on-site lnspectmon by the
Government to verify that the work was accomplished in a
satisfactory manner and ms sumtable for mnclusmon mn the Pro]ect
Modmficatlon. The actual amount of credmt shall be subject to an
audmt in accordance wmth Artmcle X C of thms Agreement to
determine reasonableness, allocabilmty, and allowabllmty of
costs To afford such credit, the Government shall apply the
credmt amount toward any add~tional cash contribution required
under paragraph D 2 of this Article The Non-Federal Sponsor
shall not receive credit for any amount in excess of such
addltmonal cash contribution, nor shall the Non-Federal Sponsor
be entitled to any reimbursement for any excess credmt amount
In no event shall the Non-Federal Sponsor perform work-ln-kmnd
that would result mn emther the credmt afforded under this
paragraph exceeding 80 percent of the Non-Federal Sponsor's share
of total project modification costs or the credit afforded under
thms paragraph, plus the value of lands, easements, rights-of-
way, relocations, and suitable borrow and dredged or excavated
matermal disposal areas for whmch the Government affords credmt
mn accordance with Artmcle IV of thms Agreement, exceedmng 25
percent of total project modmficatmon costs
E The Non-Federal Sponsor may request the Government to
provmde lands, easements, rights-of-way, and suitable borrow and
dredged or excavated material dmsposal areas or perform
relocations on behalf of the Non-Federal Sponsor Such requests
shall be mn wrmtlng and shall describe the servmces requested to
be performed If mn mrs sole discretion the Government elects to
perform the requested services or any portmon thereof, it shall
so notify the Non-Federal Sponsor in a wrltmng that sets forth
any applicable terms and condmtmons, which must be consmstent
with th~s Agreement In the event of conflict between such a
writing and this Agreement, this Agreement shall control The
Non-Federal Sponsor shall be solely responsible for all costs of
the requested services and shall pay all such costs mn accordance
with Arblcle VI C of this Agreement Notwithstanding the
provmsmon of lands, easements, rights-of-way, and suitable borrow
and dredged or excavated matermal disposal areas or performance
of relocations by the Government under th~s paragraph, the Non-
Federal Sponsor shall be responsible, as between the Government
and the Non-Federal Sponsor, for the costs of cleanup and
response in accordance with Article XV.C of this Agreement
7
F The Government shall perform a final accounting in
accordance with Article VI.D of this Agreement to determine the
contributions provided by the Non-Federal Sponsor in accordance
with paragraphs B , D , and E of this Article and Articles V, X,
and XV A of this Agreement and to determine whether the Non-
Federal Sponsor has met its obligations under paragraphs B , D ,
and E of this Article
G The Non-Federal Sponsor shall not use Federal funds to
meet its share of total project modification costs under this
Agreement unless the Federal granting agency verifies in writing
that the expenditure of such funds is expressly authorized by
statute
ARTICLE III - LANDS, RELOCATIONS, DISPOSAL AREAS,
AND PUBLIC LAW 91-646 COMPLIANCE
A The Government, after consultation with the Non-Federal
Sponsor, shall determine the lands, easements, and rights-of-way
required for the Implementation, operation, and maIntenance of
the Project Modification, Including those required for
relocations, borrow materials, and dredged or excavated material
disposal The Government in a timely manner shall provide the
Non-Federal Sponsor with general written descriptions, including
maps as appropriate, of the lands, easements, and rights-of-way
that the Government determines the Non-Federal Sponsor must
provide, in detail sufficient to enable the Non-Federal Sponsor
to fulfill 1ts obligations under this paragraph, and shall
provide the Non-Federal Sponsor with a wrmtten notice to proceed
with acquisition of such lands, easements, and rights-of-way
Prior to the end of the period of implementation, the Non-Federal
Sponsor shall acquire all lands, easements, and rights-of-way set
forth in such descriptions Furthermore, prior to issuance of
the solicitation for each construction contract, the Non-Federal
Sponsor shall provide the Government with authorization for entry
to all lands, easements, and rights-of-way the Government
determines the Non-Federal Sponsor must provide for that
contract The Non-Federal Sponsor shall ensure that lands,
easements, and rights-of-way that the Government determines to be
required for the operation and maintenance of the Pro]ect
Modification and that were provided by the Non-Federal Sponsor
are retal~ed in public ownership for uses compatible with the
authorized purposes of the Pro3ect Modification
B The Government, after consultation with the Non-Federal
Sponsor, shall determine the improvements required on lands,
easements, and rights-of-way to enable the proper disposal of
dredged or excavated material associated with the implementation,
operation, and maintenance of the Pro3ect Modification Such
improvements may include, but are not necessarily limited to,
retaining dikes, wastewelrs, bulkheads, embankments, monitoring
features, stilling basins, and de-watering pumps and pipes The
8
Government in a timely manner shall provide the Non-Federal
Sponsor with general written descriptions of such improvements in
detail sufficient to enable the Non-Federal Sponsor to fulfill
its obligations under this paragraph, and shall provide the Non-
Federal Sponsor with a written notice to proceed with
construction of such improvements Prior to the end of the
period of implementation, the Non-Federal Sponsor shall provide
all ~mprovements set forth in such descriptions Furthermore,
prior to issuance of the sollc~tatlon for each Government
construction contract, the Non-Federal Sponsor shall prepare
plans and speclf~catlons for all improvements the Government
determines to be required for the proper disposal of dredged or
excavated material under that contract, submit such plans and
spec~flcatlons to the Government for approval, and provide such
· mprovements ~n accordance with the approved plans and
spec~flcatlons
C The Government, after consultation with the Non-Federal
Sponsor, shall determine the relocations necessary for the
· mplementatlon, operation, and maintenance of the Project
Modification, including those necessary to enable the removal of
borrow materials and the proper disposal of dredged or excavated
material The Government in a t~mely manner shall provide the
Non-Federal Sponsor with general written descriptions, lnclud~ng
maps as appropriate, of such relocations ~n detail sufficient to
enable the Non-Federal Sponsor to fulfill its obligations under
this paragraph, and shall provide the Non-Federal Sponsor with a
written notice to proceed with such relocations Prior to the
end of the per~od of implementation, the Non-Federal Sponsor
shall perform or ensure the performance of all relocations as set
forth ~n such descrlptlons Furthermore, prior to ~ssuance of
the solicitation for each Government construction contract, the
Non-Federal Sponsor shall prepare or ensure the preparation of
plans and speclflcat~ons for, and perform or ensure the
performance of, all relocations the Government determines to be
necessary for that contract.
D The Non-Federal Sponsor in a t~mely manner shall
provide the Government with such documents as are sufficient to
enable the Government to determine the value of any contrlbut~on
provided pursuant to paragraphs A , B , or C of th~s Article
Upon receipt of such documents the Government, in accordance with
Article IV of th~s Agreement and in a t~mely manner, shall
determine the value of such contribution, include such value in
total project modification costs, and afford credit for such
value toward the Non-Federal Sponsor's share of total project
modlf~cat~on costs
E The Non-Federal Sponsor shall comply with the
applicable provisions of the Un~form Relocation Assistance and
Real Property Acquisition Policies Act of 1970, Public Law
91-646, as amended by Title IV of the Surface Transportation and
9
Uniform Relocatmon Assistance Act of 1987 (Publmc Law 100-17),
and the Uniform Regulatmons contamned mn 49 C F R Part 24, ~n
acqumrmng lands, easements, and r~ghts-of-way required for the
· mplementatlon, operation, and maintenance of the Project
Modlflcat~on, ~ncludlng those necessary for relocatmons, borrow
materials, and dredged or excavated mater~al dmsposal, and shall
lnform all affected persons of applicable benefmts, pollcmes, and
procedures mn connection wmth said Act
F The Government shall make avamlable to the Non-Federal
Sponsor by lease, substantially mn accordance with Exhibmt A,
those lands administered by the Government which the Government
determines to be required for the mmplementatmon, operatmon and
maintenance of the Project Modmfmcatmon If there is an exmstlng
lease or lmcense covering the property required for the Project
Modlflcation, such lease w~ll be modlf~ed to delete this area
prior to the mssuance of the lease or l~cense to the Non-Federal
Sponsor of the Project Modmflcatmon No provmsmon of th~s
Agreement shall merge ~nto any lease executed pursuant to th~s
paragraph
ARTICLE IV - CREDIT FOR LANDS, RELOCATIONS,
AND DISPOSAL AREAS
A The Non-Federal Sponsor shall recemve credit toward mrs
share of total project modmflcat~on costs for the value of the
lands, easements, rmghts-of-way, and sumtable borrow and dredged
or excavated material d~sposal areas that the Non-Federal Sponsor
must provmde pursuant to Artmcle III of thms Agreement, and for
the value of the relocations that the Non-Federal Sponsor must
perform or for which it must ensure performance pursuant to
Artmcle III of th~s Agreement However, the Non-Federal Sponsor
shall not recemve credit for the value of any lands, easements,
rmghts-of-way, relocatmons, or borrow and dredged or excavated
matermal disposal areas that have been provmded previously as an
item of cooperation for another Federal project, mnclud~ng the
Ex~stmng Project The Non-Federal Sponsor also shall not receive
credit for the value of lands, easements, rmghts-of-way,
relocatlons, or borrow and dredged or excavated mater~al disposal
areas to the extent that such ~tems are provmded using Federal
funds unless the Federal granting agency ver~fmes in wrltmn9 that
such credit is expressly authormzed by statute
B For the sole purpose of affordmng credit ~n accordance
with this Agreement, the value of lands, easements, and rights-
of-way, including those necessary for relocatmons, borrow
materials, and dredged or excavated matermal disposal, shall be
the famr market value of the real property mnterests, plus
certain ~nc~dental costs of acqu~rin~ those ~nterests, as
determmned in accordance with the provlslons of thls paragraph
10
1 Date of Valuation The fair market value of
lands, easements, or rights-of-way owned by the Non-Federal
Sponsor on the effectlve date of this Agreement shall be the falr
market value of such real property ~nterests as of the date the
Non-Federal Sponsor provides the Government with author~zatlon
for entry thereto However, for lands, easements, or rights-of-
way owned by the Non-Federal Sponsor on the effective date of
this Agreement that are required for the construction of the
work-ln-k~nd, fair market value shall be the value of such real
property ~nterests as of the date the Non-Federal Sponsor awards
the first construction contract for the work-~n-klnd, or, ~f the
Non-Federal Sponsor performs the ~mplementatlon w~th ~ts own
labor, the date that the Non-Federal Sponsor begins
· mplementat~on of the work-ln-klnd The fair market value of
lands, easements, or rights-of-way acquired by the Non-Federal
Sponsor after the effective date of th~s Agreement shall be the
fair market value of such real property interests at the time the
· nterests are acquired
2. General Valuation procedure Except as provided
in paragraph B 3 of this Article, the fair market value of
lands, easements, or rlghts-of-way shall be determined in
accordance w~th paragraph B.2 a of thls Article, unless
thereafter a d~fferent amount ~s determined to represent fair
market value ~n accordance w~th paragraph B 2 b of this Article
a The Non-Federal Sponsor shall obtaln, for
each real property interest, an appraisal that ~s prepared by a
qualified appraiser who ~s acceptable to the Non-Federal Sponsor
and the Government The appraisal must be prepared in accordance
wlth the applicable rules of lust compensation, as speclfled by
the Government The fair market value shall be the amount set
forth in the Non-Federal Sponsor's appraisal, if such appraisal
· s approved by the Government In the event the Government does
not approve the Non-Federal Sponsor's appraisal, the Non-Federal
Sponsor may obtain a second appraisal, and the fair market value
shall be the amount set forth ~n the Non-Federal Sponsor's second
appraisal, ~f such appraisal ~s approved by the Government In
the event the Government does not approve the Non-Federal
Sponsor's second appraisal, or the Non-Federal Sponsor chooses
not to obtain a second appraisal, the Government shall obtain an
appraisal, and the fair market value shall be the amount set
forth ~n the ~overnment's appraisal, ~f such appraisal is
approved by the Non-Federal Sponsor In the event the Non-
Federal Sponsor does not approve the Government's appraisal, the
Government, after consultation w~th the Non-Federal Sponsor,
shall consider the Government's and the Non-Federal Sponsor's
appraisals and determine an amount based thereon, which shall be
deemed to be the falr market value
11
b Where the amount paid or proposed to be paid
by the Non-Federal Sponsor for the real property interest exceeds
the amount determined pursuant to paragraph B 2 a of this
Article, the Government, at the request of the Non-Federal
Sponsor,, shall consider all factors relevant to determining fair
market value and, in its sole d~scretlon, after consultation with
the Non-Federal Sponsor, may approve an writing an amount greater
than the amount determined pursuant to paragraph B 2 a of this
Article, but not to exceed the amount actually paid or proposed
to be paid. If the Government approves such an amount, the fair
market value shall be the lesser of the approved amount or the
amount paid by the Non-Federal Sponsor, but no less than the
amount determined pursuant to paragraph B 2 a of this Article
3. Eminent Domain Valuation Procedure For lands,
easements, or rights-of-way acqumred by eminent domain
proceedings instituted after the effective date of this
Agreement, the Non-Federal Sponsor shall, prior to instituting
such proceedings, submit to the Government notification in
writing of its intent to institute such proceedings and an
appraisal of the specific real property interests to be acquired
in such proceedings The Government shall have 60 days after
recempt of such a notlce and appraisal wlthmn which to review the
appraisal, if not previously approved by the Government in
writing.
a If the Government previously has approved the
appraisal in writing, or if the Government provides written
approval of, or takes no action on, the appraisal within such 60-
day period, the Non-Federal Sponsor shall use the amount set
forth in such appraisal as the estimate of lust compensation for
the purpose of instituting the eminent domain proceeding
b If the Government provides written
dIsapproval of the appraisal, including the reasons for
disapproval, within such 60-day period, the Government and the
Non-Federal Sponsor shall consult in good faith to promptly
resolve the issues or areas of disagreement that are identified
in the Government's written d~sapproval If, after such good
faith consultation, the Government and the Non-Federal Sponsor
agree as to an appropriate amount, then the Non-Federal Sponsor
shall use that amount as the estimate of 3ust compensation for
the purpose of instituting the eminent domain proceeding If,
after such good faith consultation, the Government and the Non-
Federal Sponsor cannot agree as to an appropriate amount, then
the Non-Federal Sponsor may use the amount set forth in 1ts
appraisal as the estimate of ]ust compensatmon for the purpose of
instituting the eminent domain proceeding
c For lands, easements, or rights-of-way
acquired by eminent domain proceedings lnst~tuted in accordance
w~th sub-paragraph B 3 of this Article, fair market value shall
12
be either the amount of the court award for the real property
Interests taken, to the extent the Government determined such
interests are required for the implementation, operation, and
maintenance of the Project Modlflcatlon, or the amount of any
stipulated settlement or portion thereof that the Government
approves ~n writing
4 Incidental Costs For lands, easements, or
rights-of-way acqulred by the Non-Federal Sponsor within a
flve-year period precedlng the effective date of this Agreement,
or at any time after the effective date of this Agreement, the
value of the lnterest shall lnclude the documented ~ncldental
costs of acquiring the interest, as determined by the Government,
sub3ect to an audlt in accordance w~th Article X C of this
Agreement to determlne reasonableness, allocablllty, and
allowablllty of costs Such incidental costs shall lnclude, but
not necessarily be limited to, closing and title costs, appraisal
costs, survey costs, attorney's fees, plat maps, and mapping
costs, as well as the actual amounts expended for payment of any
Public Law 91-646 relocat%on assistance benefits provided in
accordance with Article III E of th~s Agreement
C After consultation w~th the Non-Federal Sponsor, the
Government shall determine the value of relocations ~n accordance
with the provlslons of this paragraph
1 For a relocation other than a highway, the value
shall be only that portion of relocation costs that the
Government deter4~nee xs necessary to prc~vade-a £unc<~cnal~y
equivalent facility, reduced by depreciation, as applicable, and
by the salvage value of any removed items
2 For a relocatlon of a h~ghway, the value shall be
only that portion of relocation costs that would be necessary to
accomplish the relocation in accordance with the design standard
that the State of Texas would apply under similar conditions of
geography and traffic load, reduced by the salvage value of any
removed items
3 Relocatlon costs shall include, but not
necessarlly be l~mlted to, actual costs of performing the
relocatlon, planning, engineering and design costs, supervlslon
and admlnlstratxon costs, and documented ~nc~dental costs
assocxated wlth performance of the relocation, but shall not
· nclude any costs due to betterments, as determined by the
Government, nor any additional cost of using new material when
suitable used material is avaxlable Relocation costs shall be
sub]ect to an audit ~n accordance w~th Article X C of this
Agreement to determine reasonableness, allocablllty, and
allowability of costs
13
D The value of the improvements made to lands, easements,
and rights-of-way for the proper disposal of dredged or excavated
material shall be the costs of the improvements, as determined by
the Government, subject to an audit in accordance with Article
X C of this Agreement to determine reasonableness, allocablllty,
and allowability of costs Such costs shall include, but not
necessarily be limited to, actual costs of providing the
improvements, planning, engineering and design costs, supervision
and administration costs, and documented Incidental costs
associated with providing the improvements, but shall not ~nclude
any costs due to betterments, as determined by the Government
ARTICLE V - PROJECT MODIFICATION COORDINATION TEAM
A To provide for consistent and effective communication,
the Non-Federal Sponsor and the Government, not later than 30
days after the effective date of this Agreement, shall appoint
named senior representatives to a Project Modification
Coordination Team Thereafter, the Project Modification
Coordination Team shall meet regularly until the end of the
period of implementation The Government's Project Manager and a
counterpart named by the Non-Federal Sponsor shall co-chair the
Project Modification Coordination Team
B The Government's Project Manager and the Non-Federal
Sponsor's counterpart shall keep the Project Modification
Coordination Team informed of the progress of implementation and
of significant pending issues and actions, and shall seek the
views of the Project Modification Coordination Team on matters
that the Project Modification Coordination Team generally
oversees
C Until the end of the period of implementation, the
Project Modification Coordination Team shall generally oversee
the Project Modification, including issues related to design,
plans and specifications, scheduling, real property and
relocation requirements, real property acquisition, contract
awards and modifications; contract costs, the Government's cost
projections, final inspection of the entire Project Modification
or functional portions of the Pro3ect Modification, preparation
of the proposed OMRR&R Manual, anticipated requirements and
needed capabilities for performance of operation, maintenance,
repair, replacement, and rehabilitation of the Project
Modification, and other related matters
D The Project Modification Coordination Team may make
recommendations that it deems warranted to the District Engineer
on matters that the Pro]ect Modification Coordination Team
generally oversees, including suggestions to avoid potential
sources of dispute The Government in good faith shall consider
the recommendations of the Project Modification Coordination
Team The Government, having the legal authority and
14
responslbilaty for amplementataon of the Project Modlfacatlon,
has the d~scretlon to accept, reject, or modify the Project
Modafication Coordanation Team's recommendataons
E The costs of partlcapatlon an the Pro]ect Mod~facataon
Coordination Team shall be included an total pro3ect mod~facatlon
costs and cost shared in accordance wath the provisions of thas
Agreement
ARTICLE VI - METHOD OF PAYMENT
A The Government shall maintain current records of
contributions provided by the parties and current pro]ectaons of
total project modafacatlon costs and costs due to betterments
At least quarterly, the Government shall provide the Non-Federal
Sponsor with a report setting forth all contributions provided to
date and the current projectaons of total project modlflcataon
costs, of total costs due to betterments, of the components of
total project modlfacataon costs, of each party's share of total
project mod~f~catlon costs, of the Non-Federal Sponsor's total
cash contributions requared an accordance wath Articles II B ,
II D , and II E of this Agreement, and of the non-Federal
proportaonate share On the effectave date of this Agreement,
total project modlflcatlon costs are projected to be $513,200,
and the Non-Federal Sponsor's cash contrlbutaon required under
Article II D of this Agreement is pro~ected to be $49,300
Such amounts are estimates subject to adjustment by the
Government and are not to be construed as the total financial
responszbil~t~es of the Government and the Non-Federal Sponsor
B The Non-Federal Sponsor shall provide the cash
contrabutlon required under Article II D 2 of th~s Agreement an
accordance with the following prov~slons Not less than 60
calendar days praor to the scheduled date for assuance of the
sollcatat~on for the farst construction contract, the Government
shall notify the Non-Federal Sponsor ~n writing of such scheduled
date and the funds the Government, after conslderat~on of any
credit afforded pursuant to Artacle II D 4 of thas Agreement,
determines to be required from the Non-Federal Sponsor to meet
its pro3ected cash contr~butaon under Artacle II D 2 of this
Agreement. Not later than such scheduled date, the Non-Federal
Sponsor shall provide the Government with the full amount of the
requared funds by delavering a check payable to "FAO, USAED, Fort
Worth Distract" to the U S Army Corps of Engineers Finance
Center, CEFC-AD-C EROC M2, 5720 Integrity Drive,
Mllllng~on, TN 38054-5005. The Government shall draw from the
funds provided by the Non-Federal Sponsor such sums as the
Government, after cons~deratlon of any credit afforded pursuant
to Article II.D 4 of thas Agreement, deems necessary to cover
(a) the non-Federal proportionate share of financial obl~gataons
for ~mplementatlon incurred prior to commencement of the peraod
of ~mplementatlon, and (b) the non-Federal proportionate share of
f~nanc~al obl~gatlons for implementation as they are ~ncurred
15
during the period of implementation In the event the Government
determines that the Non-Federal Sponsor must provide additional
funds to meet the Non-Federal Sponsor's cash contribution, the
Government shall notify the Non-Federal Sponsor in writing of the
additional funds required. Within 60 calendar days thereafter,
the Non-Federal Sponsor shall provide the Government with a check
for the full amount of the additional required funds
C In advance of the Government ~ncurrlng any f~nanclal
obligation associated with add~tlonal work under Article II B or
II E of this Agreement, the Non-Federal Sponsor shall provide
the Government with the full amount of the funds required to pay
for such additional work by delivering a check payable to "FAO,
USAED, Fort Worth District" to the U S Army Corps of Engineers
Finance Center, CEFC-AD-C EROC M2, 5720 Integrity Drlve,
Mlll~ngton, TN 38054-5005. The Government shall draw from the
funds provided by the Non-Federal Sponsor such sums as the
Government deems necessary to cover the Government's financial
obligations for such additional work as they are incurred In
the event the Government determines that the Non-Federal Sponsor
must provide additional funds to meet ~ts cash contribution, the
Government shall notify the Non-Federal Sponsor in writing of the
additional funds required Within 30 calendar days thereafter,
the Non-Federal Sponsor shall provide the Government with a check
for the full amount of the additional required funds
D Upon completion of the Pro3ect Modification or
termination of this Agreement, and upon resolution of all
relevant claims and appeals, the Government shall conduct a final
accounting and furnish the Non-Federal Sponsor with the results
of the final accounting The final accounting shall determine
total project modification costs, each party's contribution
provided thereto, and each party's required share thereof The
final accounting also shall determine costs due to betterments
and the Non-Federal Sponsor's cash contribution provided pursuant
to Article II B of th~s Agreement
1 In the event the final accounting shows that the
total contribution provided by the Non-Federal Sponsor ~s less
than its required share of total pro]ect modification costs plus
costs due to any betterments provided in accordance with Article
II B of this Agreement, the Non-Federal Sponsor shall, no later
than 90 calendar days after receipt of written notice, make a
cash payment to the Government of whatever sum is required to
meet the Non-Federal Sponsor's required share of total project
modification costs plus costs due to any betterments provided in
accordance w~th Article II B of th~s Agreement
2 In the event the final accounting shows that the
total contribution provided by the Non-Federal Sponsor exceeds
1ts required share of total project modification costs plus costs
due to any betterments provided in accordance with Article II B
16
of this Agreement, the Government shall, sub3ect to the
availability of funds, refund the excess to the Non-Federal
Sponsor no later than 90 calendar days after the final accounting
is complete In the event existing funds are not available to
refund the excess to the Non-Federal Sponsor, the Government
shall seek such appropriations as are necessary to make the
refund
ARTICLE VII - DISPUTE RESOLUTION
As a condlt~on 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
· n good faith to resolve the d~spute through negotiation If the
part~es cannot resolve the dispute through negotiation, they may
agree to a mutually acceptable method of non-binding alternative
d~spute resolution with a quallf~ed 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 VIII - OPERATION, MAINTENANCE, REPAIR, REPLACEMENT,
AND REHABILITATION (OMRR&R)
A Upon notlflcatlon in accordance with Artlcle II C of
th~s Agreement and for so long as the Project Modification
remains authorized, the Non-Federal Sponsor shall operate,
ma~ntaln, repair, replace, and rehabilitate the entire Project
Modification or the functional portion of the Project
Modlf~cat~on, at no cost to the Government, ~n a manner
compatible w~th the Project Modlf~cat~on's authorized purposes
and ~n accordance w~th applicable Federal and State laws as
provided in Article XI of this Agreement and specific directions
prescribed by the Government ~n the OMRR&R Manual and any
subsequent amendments thereto
B The Non-Federal Sponsor hereby g~ves the Government a
right to enter, at reasonable t~mes and in a reasonable manner,
upon property that the Non-Federal Sponsor owns or controls for
access to the Project Modification for the purpose of inspection
and, ~f necessary, for the purpose of completing, operating,
ma~ntalnlng, repalrlng, replacing, or rehabll~tatlng the Pro3ect
Modification If an inspection shows that the Non-Federal
Sponsor for any reason ls failing to perform 1ts obligations
under this Agreement, the Government shall send a written not~ce
describing the non-performance to the Non-Federal Sponsor If,
after 30 calendar days from receipt of the notice, the Non-
Federal Sponsor continues to fall to perform, then the Government
shall have the right to enter, at reasonable times and in a
reasonable manner, upon property the Non-Federal Sponsor owns or
controls for access to the Project Modification for the purpose
17
of completing, operating, maintaining, repairing, replacing, or
rehabilitating the Project Modification No completion,
operation, maintenance, repair, replacement, or rehabilitation by
the Government shall operate to relieve the Non-Federal Sponsor's
obligations as set forth ~n th~s Agreement, or to preclude the
Government from pursuing any other remedy at law or equity to
ensure faithful performance pursuant to th~s Agreement
ARTICLE IX - INDEMNIFICATION
The Non-Federal Sponsor shall hold and save the Government
free from all damages arlslng from the implementation, operation,
maintenance, repair, replacement and rehabllmtatlon of the
Pro3ect Modification, and any Pro]ect Modlfmcatlon-related
betterments, except for damages due to the fault or neglmgence of
the Government or ~ts contractors
ARTICLE X - MAINTENANCE OF RECORDS AND AUDIT
A Not later than 60 calendar days after the effectlve
date of this Agreement, the Government and the Non-Federal
Sponsor shall develop procedures for keeping books, records,
documents, and other evidence pertaining to costs and expenses
incurred pursuant to th~s Agreement These procedures shall
incorporate, and apply as appropriate, the standards for
flnanc~al management systems set forth in the Uniform
Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments at 32 C F R Section 33 20 The
Government and the Non-Federal Sponsor shall maintain such books,
records, documents, and other evidence in accordance with these
procedures and for a minimum of three years after the period of
implementation and resolution of all relevant claims arising
therefrom To the extent permitted under applicable Federal laws
and regulations, the Government and the Non-Federal Sponsor shall
each allow the other to ~nspect such books, documents, records,
and other evidence
B Pursuant to 32 C F R Section 33 26, the Non-Federal
Sponsor is responsible for complying with the S~ngle Audit Act of
1984, 31 U S C Sections 7501-7507, as implemented by Office of
Management and Budget (OMB) Circular No A-133 and Department of
Defense D~rective 7600 10 Upon request of the Non-Federal
Sponsor and to the extent permitted under applicable Federal laws
and regulations, the Government shall provide to the Non-Federal
Sponsor and independent auditors any ~nformat~on necessary to
enable an audit of the Non-Federal Sponsor's actlvltles under
this Agreement. The costs of any non-Federal audits performed in
accordance with this paragraph shall be allocated in accordance
w~th the provisions of OMB C~rculars A-87 and A-133, and such
costs as are allocated to the Pro3ect Modification shall be
included in total pro3ect modlflcatlon costs and cost shared in
accordance with the provisions of this Agreement
18
C In accordance with 31 U S C Section 7503, the
Government may conduct audlts in addition to any audit that the
Non-Federal Sponsor is requlred to conduct under the S~ngle Audit
Act Any such Government audits shall be conducted in accordance
with Government Auditing Standards and the cost principles ~n OMB
C~rcular No A-87 and other applicable cost principles and
regulatlons The costs of Government audits performed in
accordance w~th this paragraph shall be included in total pro]ect
modification costs and cost shared ~n accordance w~th the
provisions of this Agreement.
ARTICLE XI - FEDERAL AND STATE LAWS
In the exercise of their respective rights and obligations
under this Agreement, the Non Federal Sponsor and the Government
agree to comply with all applicable Federal and State laws and
regulations, including, but not limited to, Section 601 of the
Civil Rights Act of 1964, Public Law 88-352 (42 U S C 2000d),
and Department of Defense Directive 5500 11 issued pursuant
thereto, as well as Army Regulations 600-7, entitled
"Nondiscrimination on the Basis of Handicap in Programs and
Actlvlties Assisted or Conducted by the Department of the Army,
and Section 402 of the Water Resources Development Act of 1986,
as amended (33 U S C 701b-12), requlrlng non-Federal preparation
and implementation of flood plain management plans
ARTICLE XII - RELATIONSHIP OF PARTIES
A In the exercise of their respective rights and
obligations under this Agreement the Government and the Non-
Federal Sponsor each act in an independent capaclty, and neither
· s to be considered the officer, agent, or employee of the other
B In the exercise of its r~ghts 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 agalnst such contractor e~ther pursuant to any
cause of action that such other party may have or for violation
of any law
ARTICLE XIII - OFFICIALS NOT TO BENEFIT
No member of or delegate to the Congress, nor any resident
commissioner, shall be admitted to any share or part of this
Agreement, or to any benefit that may ar~se therefrom
19
ARTICLE XIV - TERMINATION OR SUSPENSION
A If at any time the Non-Federal Sponsor fails to fulfill
mts obllgatlons under Artxcle II B , II D , II E , VI, or
XVIII C of this Agreement, the Assistant Secretary of the Army
(Civil Works) shall terminate this Agreement or suspend future
performance under this Agreement unless he determines that
continuation of work on the Project Modification is in the
interest of the United States or is necessary in order to satisfy
agreements with any other non-Federal interests in connection
wmth the Pro3ect Modlfxcation
B If appropriations are not available ~n amounts
sufflclent to meet the Government's share of Pro3ect Modification
expendmtures for the then-current or upcoming fiscal year, the
Government shall so notify the Non-Federal Sponsor mn wrmtmng,
and 60 calendar 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 thms Agreement
pursuant to this paragraph, such suspension shall remain in
effect until such t~me as the Government recemves sufficient
appropriations or until e~ther the Government or the Non-Federal
Sponsor elects to terminate this Agreement
C In the event that elther party elects to terminate thms
Agreement pursuant to th~s Article or Artmcle XV of this
Agreement, both parties shall conclude their activities relating
to the Pro3ect Modification and proceed to a final accounting in
accordance with Artmcle VI D of thms Agreement
D Any termination of this Agreement or suspension of
future performance under this Agreement in accordance with this
Artmcle or Article XV of this Agreement shall not relieve the
partmes of any obligation previously incurred Any delmnquent
payment shall be charged interest at a rate, to be determined by
the Secretary of the Treasury, equal to 150 per centum of the
average bond equivalent rate of the 13-week Treasury bills
auctmoned mmmediately prior to the date on which such payment
became delinquent, or auctioned ~mmedlately prior to the
begmnnlng of each addltlonal 3-month period mf the period of
delinquency exceeds 3 months
ARTICLE XV - HAZARDOUS SUBSTANCES
A After executmon of this Agreement and upon dlrectmon by
the District Engineer, the Non-Federal Sponsor shall perform, or
cause to be performed, any investigations for hazardous
substances that the Government or the Non-Federal Sponsor
determines to be necessary to identify the existence and extent
of any hazardous substances regulated under the Comprehensive
Envmronmental Response, Compensation, and Lmabmlmty Act
20
(hereinafter "CERCLA"), 42 U S C Sections 9601-9675, that may
exist in, on, or under lands, easements, and rights-of-way that
the Government determines, pursuant to Article III of this
Agreement, to be required for the lmplementat~on, operation, and
maintenance of the Project Modification, except for any such
lands, easements, or rights-of-way that are owned by the United
States and adm~nlstered by the Government, and except for any
such lands that the Government determines to be sub3ect to the
navigation servitude The Government shall perform, or cause to
be performed, all ~nvestlgatlons on lands, easements, or rights-
of-way that are owned by the Un,ted States and administered by
the Government For lands that the Government determines to be
subject to the nav~gatlon servitude, only the Government shall
perform such investigations unless the District Engineer provides
the Non-Federal Sponsor with prior specific written dlrect~on, ~n
which case the Non-Federal Sponsor shall perform such
· nvestlgatlone in accordance with such written direction All
actual Costs incurred by the Non-Federal Sponsor or the
Government for such ~nvestigatlons for hazardous substances shall
be Included in total pro]ect modification costs and cost shared
· n accordance with the provisions of this Agreement, subDect to
an audit in accordance w~th Article X C of th~s Agreement to
determine reasonableness, allocab~llty, and allowabll~ty of
costs
B. In the event ~t ~s d~scovered through any ~nvestlgat~on
for hazardous substances or other means that hazardous substances
regulated under CERCLA exist in, on, or under any lands,
easements, or rights-of-way, that the Government determines,
pursuant to Article III of this Agreement, the Non-Federal
Sponsor must provide for the ~mplementat~on, operation, and
maintenance of the Pro3ect Modlfmcat~on, the Non-Federal Sponsor
and the~Government shall provide prompt written not,ce to each
other, and the Non-Federal Sponsor shall not proceed with the
acquisition of the real property ~nterests until both parties
agree that the Non-Federal Sponsor should proceed
C The Government and the Non-Federal Sponsor shall
determine whether to ~nltiate ~mplementat~on of the Pro3ect
Modlf~cation, or, if already in ~mplementatlon, whether to
continue with work on the Project Modification, suspend future
performance under th~s Agreement, or terminate this Agreement for
the convenience of the Government, ~n any case where hazardous
substances regulated under CERCLA are found to exist in, on, or
under any lands, easements, or r~ghts-of-way that the Government
determines, pursuant to Article III of this Agreement, to be
required for the lmplementat~on, operation, and maintenance of
the Pro]ect Modification Should the Government and the Non-
Federal Sponsor determine to mn~tlate or continue w~th
implementation after consldermng any liability that may arise
under CERCLA, the Non-Federal Sponsor shall be responsible, as
between the Government and the Non-Federal Sponsor, for the costs
21
of clean-up and response, to include the costs of any studies and
investigations necessary to determine an appropriate response to
the contamlnatlon on lands, easements or rights of way that the
Government determines, pursuant to Article III of this Agreement,
to be required for the implementation, operation, and maintenance
of the Project Mod~flcatzon, except for any such lands,
easements, or rights-of-way owned by the United States and
administered by the Government Such costs shall not be
considered a part of total project modzflcatzon costs In the
event the Non-Federal Sponsor fails to provide any funds
necessary to pay for clean up and response costs or to otherwise
discharge the Non-Federal Sponsor's responsibilities under this
paragraph upon dzrection by the Government, the Government may,
in its sole discretion, ezther terminate this Agreement for the
convenience of the Government, suspend future performance under
this Agreement, or continue work on the Project Modlfzcatlon
The Government shall be responsible, as between the Government
and the Non-Federal Sponsor, for the costs of clean-up and
response, to include the costs of any studies and znvestlgatzons
necessary to determine an approprzate response to the
contamznatlon on lands, easements, or rights of way owned by the
United States and administered by the Government All costs
zncurred by the Government shall be included in total project
modification costs and cost shared zn accordance with the terms
of this Agreement
D The Non-Federal Sponsor and the Government shall
consult wzth each other in accordance with Article V of this
Agreement in an effort to ensure that responsible parties bear
any necessary cleanup and response costs as defined in CERCLA
Any dec%sion made pursuant to paragraph C of this Article shall
not relieve any third party from any liability that may arlse
under CERCLA.
E As between the Government and the Non-Federal Sponsor,
the Non-Federal Sponsor shall be considered the operator of the
Project Modification for purposes of CERCLA liability To the
maximum extent practicable, the Non-Federal Sponsor shall
operate, maintain, repair, replace, and rehabllztate the Project
Modzflcatzon zna manner that will not cause llabzllty to arise
under CERCLA.
ARTICLE XVI - NOTICES
A Any notice, request, demand, or other communication
requlred or permitted to be gzven under this Agreement shall be
deemed to have been duly given if %n wrztlng and either delivered
personally, or by telegram, or mazled by first-class, regzstered,
or certified mall, as follows
22
If to the Non-Federal Sponsor
Mayor
City of Denton
215 East McKlnney Street
Denton, Texas 76201
If to the Government:
D~str~ct Engineer
U S Army Corps of Engineers
Fort Worth Dlstr~ct
P O Box 17300
Fort Worth, Texas 76102-0300
B A party may change the address to which such
communications are to be d~rected by g~v~ng written notice to the
other party in the manner provided ~n th~s Article
C Any notice, request, demand, or other communlcat~on
made pursuant to th~s Article shall be deemed to have been
received by the addressee at the earlier of such t~me as ~t is
actually received or seven calendar days after ~t is ma~led
ARTICLE XVII - CONFIDENTIALITY
To the extent permitted by the laws governing each party,
the part~es agree to maintain the confidentiality of exchanged
lnformat~on when requested to do so by the provldlng party
ARTICLE XVlII - HISTORIC PRESERVATION
A The costs of ~dentmflcatmon, survey and evaluatmon of
hlstormc properties shall be included 1n total project
modlflcatmon costs and cost shared ~n accordance wmth the
provxs~ons of thms Agreement
B Pursuant to Section 7(a) of Publmc Law 93-291 (16
U S C Section 469c(a)), the costs of mxtlgatmon and data
recovery actmvities associated w~th hastorlc preservation shall
be borne entmrely by the Government and shall not be included ~n
total project modlflcatmon costs, up to the statutory l~mmt of
one percent of the total amount the Government ~s authormzed to
expend for the Project Modlfmcatmon
C The Government shall not mncur costs for m~tlgatlon and
data recovery that exceed the statutory one percent l~mmt
specmfi~d in paragraph B of this Article unless and until the
Assmstant Secretary of the Army (Clvll Works) has waived that
lmmmt in accordance wmth Sectmon 208(3) of Public Law 96-515 (16
U S C Section 469c-2(3)) Any costs of mltlgatmon and data
23
recovery that exceed the one percent limit shall be included
total pro]ect modlflcatlon costs and shall be cost shared in
accordance with the provisions of this Agreement
ARTICLE XIX - LIMITATION ON GOVERNMENT EXPENDITURES
Notwithstanding any other provisions of this Agreement,
Government=s financial obligations are llmzted to $5,000,000
The Non-Federal Sponsor shall be responsible for all total
project modIfication costs that exceed this amount
the
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement, which shall become effective upon the date it is
s~gned by the Department of the Army
THE DEPARTMENT OF THE ARMY
BY ~C~J, ~2~C~3~ t-~-~ _
Col~r~-'l', Corps of Engineers
Dlstr~ct Engineer
Fort Worth Dlst~..lct
ATE \q qq
THE CITY OF DENTON, TEXAS
May rq~/
24
CERTIFICATE OF AUTHORITY
I, ~6~F7- L. ~ou~y, do hereby certify that I am the
principal legal officer of the Clty of Denton, Texas, that the
C~ty of Denton, Texas, is a legally constituted public body with
full authority and legal capab~llty to perform the terms of the
Agreement between the Department of the Army and the City of
Denton, Texas, in connection w~th the Lew~sv~lle Lake Wildlife
Management Area Modification Project, and to pay damages 1n
accordance w~th the terms of this Agreement, ~f necessary, in the
event of the failure to perform, and that the persons who have
executed thls Agreement on behalf of the C~ty of Denton, Texas,
have acted w~thln their statutory authority
cert~f~catlon this ~ day of
19//
HERB PROUTY
[TYPED NAME]
Cltv Attorney
[TITLE IN FULL]
25
CERTIFICATION REGARDING LOBBYING
The undersigned certlfzes, to the best of his or her
knowledge and belief that.
(1) No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress ~n connectlon
with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into
of any cooperative agreement, and the extension, continuatIon,
renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement
(2) If any funds other than Federal appropriated funds have
been pa~d or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with thls Federal
contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions
(3) The undersigned shall require that the language of th~s
certification be included in the award documents for all
subawards at all tiers (~ncludlng subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and
that all subrec~plents shall certlfy and d~sclose accordingly
This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into Submission of this certification is a prerequisite
for making or entering ~nto this transaction ~mposed by Section
1352, Tltle 31, U S Code Any person who falls to file the
required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such
failure
JACK MILLER
[TYPED NAME]
DATE
Mayor
[TITLE IN FULL]
26
ENVIRONMENTAL BASELINE SURVEY
I General. Operations Dnnslon responslb~libes for compiling w~th CERCLA are satisfied by
complehnglan Environmental Baseline Survey (EBS) (formerly the PAS/PEE) conslsbng of a
review of available records and interviews with persons or agencies who may have knowledge
of the past history of the property in question to determine if hazardous substances were
released (vented or spilled), stored, or dmposed of on the property in threshold quanbtrss Note
If any finding(s) are answered "Yes", describe details on a separate page and attach to this EBS
a Records Review
Records Finding Agency Finding
Review No Yes Date Interview No Yes
Master Plan
OMP
Permanent Files
[~ [] ,/ ~'..~ q AenalPhotos ~ [ ]
[ ]
~ ERGO Reports
Date
b On-s~te Review
F~ndmg
No Yes N/A
[] []
Provision
1) Is there any evidence of past or present treatment, ~torege, spillage, or
disposal of hazardous substances in the action area?
2) Is there any lead-based paint on any of the structures? (Visually inspect
exmbng buildings, if any, for lead based paint (LBP) (usually, paint walls
eadler than 1978 ))
[]
3) Is there any evidence of polychlonnated blphenols (PCB) contamination?
(Visually inspect boundanes and intenor of the land ar&a for presence of
leaking' electrical transformers, and other potenbal sources of (PCB's))
4) Is there any asbestos-containing materials ~n the area? (Visually ~nspect
ex~sting buildings, if any, for asbestos-conta~mng matenals))
[1
5) Are there UST's on the property?
6) Are there above ground storage tanks on the property?
Exhibit D
2 Statement of Condition
a According to the ,nformation above, no hazardous substances were ,dent~ied as
releaesd, stored, or d~sposed on the property m threshold quantities
b The above information indicates hazardous substances were released, stored, or
disposed of on the property in threshold quanflt,es
[!
1) The s~te has been tested and no contaminants were found m detectable levels
The property Is considered safe for the proposed use
[]
2) The site has been tested and contaminants were found ~n detectable levels
Remedial action has been taken and the property is considered safe for the proposed
use
[]
3) The site has been tested and contaminants were found In detectable levels
Remedial actions have not been taken Details and justification for outgrantmg in the
current condAion are attached
[]
4) The site has been tested and contaminants were found in detectable levels
Remedial acbons have not been taken Therefore, Non-availability ~s
recommended
[]
5) The site has not been tested Therefore, Non-availability ~s recommended
Statements and/or Conditions
Signature ~
(E;thera b(1 2 3 or
Pos~bon ~-''~'C-'~E'~
(e g Park Ranger/Spec~ahst/Manager etc )
======================== Reserved for District Office =====================
concur [.t3~ nonconc.,~[r [ ] Cond,t,on
S,gnature~)/~'/~~
Position
(Statements and/or Conditions)
(Natural Resource Manager)
2
REPORT OF AVAILABILITY
General description of proposed action
Proposed use '7" ,/~ ~ '7'
2 Use requested by c-:::~-r~ j/c .,~'~-,~/'T~,,J , =/~p ~ -~ ~ ~
(Full Name, ~dm~ provide POC if business or agenw)
3 Acreage ~) &~
4 Typ~of Vegetative Cover - ~ ~ ~j
(I e, F~sted, Grassland, Savanna, Pasture, Masqu~ ~cket, etc)
5 Any Part or all of Tract No(s) ,,.v'l I I g~ I -- 2_
6
7
8
Requested term of outgrant 'l-.--~'"'yrs mo
(If applicable)
Recommended term of outgrant ~ yrs mo __ dys
(If Manager Recommendation ~s negabve place 0 s)
Umted States property interest ~s ~'~:~
dys Start date
(If applicable)
Start date
(if applicable}
(fee simple, flowage easement, both, other or needs to be determined by RE)
9 G~ve a brief descnption,of ~ny Government buildings and/or ~mprovements ~ncluded ~n the
area .,,-,./
(N/A If not apphcable)
L~ASED CORPS PROPERTY
GREENBELT COR~DOR
FUTURE: NATURE C~NT/R
; ~dgn~Tgb5502 dgn Jun 04 1999 09 45 49 '
SE(;M[NT "25"
RESTORATION
B Enwronmental and Cultural Considerations
1 Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA): In order to comply with CERCLA, Federal agencies must cert;fy whether or
not hazardous substances have been released, stored, or d~sposed, ~n threshold
quantities, on the property to be outgrented
[]
a Th~s proposal ~s a minor real estate action and does not require an
Enwronmental Basehne Survey(EBS) Actions which do not require an EBS are
hcenses, flowage easement consents, easements, oil and gas approvals and
t~mber sales
[,-~ b This proposal is a major real estate action and requires an EBS which ~s
attached Examples of major actions include Disposals (~ncludlng flowage
easements), Leases (Park and Recreation, F~sh and Wildlife, and Commercial
Concession, and Agncultural or Grazing)
Statements and/or Conditions ~
(E~ther a or b)
--=----=----==,====-=-=========- Resell, ed for District Office =======================
concur [ no/~n~r [ ] .C. gmhtl;n .
Signature
Position 7 ~ ~--~,.' ~'
(Natural Resd~rce Manager)
2
2 Clean Water Act (Federal Water Pollution Control Act)
a Point Source Dlacham_ss National Pollutant D~scharge Elimination System
(NPDES) ~s apphcable for po;nt source discharges (such as a sewage treatment plant
or mdustnal plant outfalls )
1) Th~s request will not cause a point source discharge of pollutants ~nto
waters of the United States
[]
2) This request will cause a point source discharge of pollutants into the
waters of the United States thereby requ~nng the grantee to obtain a NPDES
permit from the Environmental Protection Agency (EPA) and/or the Texas
Natural Resources Conservation Commission (TNRCC) or their approved
assignees
Statements and/or Conditions
(Either I or 2)
b, Storm Water Reu_ulraments for Construction Activities The storm water
runoff portion of the NPDES ms apphcable for construction act~wtles which will result in
the d~sturbance of five acres or larger
1) This request will not result in a construction activity which w~ll d~sturb an
area of five acres or larger
2) Th~s request will result tn a construction actlwty which will d~sturb an area
of five acres or larger, thus the applicant must prepare a storm water pollution
prevention plan (SWPPP) and file a Notice of Intent (NOI) w~th the EPA or
themr approved assignee
Statements and/or Conditions
(Either 1, or 2)
==================== Reserved for Dlatr[c,t~Office =====================
concur [~cu~//]~ Condlt, on ~
(Either a (1 or2) and b (1 or2)
Slgnature~ _/~ ~. ~~ Position ;N~at~._~ ~
( atural Resource Manager)
3
3 Protection of Wetlands, ED 11990 and Section 404 of the Clean Water Act ED
11990 requires federal agencies to avoid direct or indirect support of new construcbon in
wetlands wherever there is a practicable elternabve ED 11990 applies only to actions on
federal property Section 404 of the Clean Water Act ~s concerned with actions which affect
waters of the United States by placing dredged and/or fill material into these waters and/or into a
wetland or an area that might be a wetland
[!
[]
[]
a This proposed action will not affect waters of the U S or wetlands
b The proposed occupancy or mod~ficaBon will adversely impact the waters of the U S
or a wetland Therefore, Non-avallabllRy is recommended
c This proposed action will affect waters of the U S or wetlands However, there is no
other practical alternative available for this proposed action and all practicable measures
to minimize harm to wetlands are Included m the action
d It is requested that the District Office determine if the proposed action will have an
effect on the waters of the United States or wetlands
Statements and/or Conditions
(ERher a, b c or d)
========.~=========== Reserved for District Office =--====-=-=-========-=
concur [~]'" nonconcur [ ] vath determination of field or project office
If nonconcur, "c', or "d' from above wes selected, a determ~nabon as to the extent the a~on will have on
the weters of the US or wetlands must be made prior to authorizat~on and one of the follovang statements
[ ~]' a This proposed action will not effect weters of the US or wetlands
nernalS proposed act;on will effect weters of the US or wetlands There ~s no other practical
tlve available for th~s proposed action
[ ] 1) The attached Nationwide PermR. number , and its rsstnctions/conditlons should be
Incorporated into the outgrant document
[ ] 2) The attached Letter of Permission, Indlv]dual, or General Permit, and its
restrictions/conditions should be incorporated ~nto the outgrant document
[ ] 3) The attached special conditions or restrictions should be incorporated into the outgrant
document in accordance with EO 11990
[ ] c The proposed occupancy or modification will adversely impact the waters of the US or a
wetland Therefore, Non-availability ~s recommended
Statement/CondRio ~
(Either a b(l(a,b, or c) or 2))
Signature Position 7~"~/q~
(Natura~esource/Regulatot7 Manager)
4
4 Fleedplain Management E.O. 11988 and Amended by E O. 12148 This E O
mandates that each agency must provide leadership and take action to reduce the r~sk
of flood Io~. to m~nlmlze the ~mpact of floods on human safety, health and welfare, and
to restore and preserve the natural and beneficial values served by flood pitons
[]
a This request does not contmn property that ~s located within the 100 year
floodplmn or flood pool. therefore, it does not fall under the purview of E O
11988. Floodplain Management
b Th~s request does contain property that is located within the 100 year
floodplain or flood pool and therefore does fall under the purview of E O 11988
1) The impact of the proposed occupancy or modification is de mlnlmus and will
not adversely impact the floodplmn or flood pool
[]
2) There is no other practical altematlve available for this proposed acbon The
proposed occupancy or modification may be allowed subject to the attached
restnct~ons/condit~ons labeled "Floodplain Management" which must be
incorporated into the outgrant document
[]
3) The proposed occupancy or modification w~ll adversely ~mpact the floodplain
or flood pool Therefore. Non-availability ~s recommended
Statement for Find~ng and Conditions
(Either a b (1 2 or 3)
===--================ Reserved for District Office =====================
concur [~cur [ ] Conditions ~.~'. /
Signature ~~~'~ Pos,ion
(Either a, b (1 2 or 3)
(Natural/~'esource' Manager)
5
5 Endangered Species Federal actions must be evaluated to determine if they are likely to
jeopardize the continued existence of any federally (or state) listed threatened or endangered species, or
to destroy or adversely modify its critical habitat
[1
[]
a This achon will not jeopardize the continued ex~stence of any federal or state-listed
threatened or endangered species, or destroy or adversely modify its critical habitat
b After coord~netlng with the U S Fish & Wildlife Service 0f State, TPWD) it was determined that
this, action will not Jeopardize the continued existence of any federal or state listed threatened or
endangered species, or to destroy or adversely mod~ ~s cnbcal habitat
c After coordinating with the U S Fish & Wildlife Seneca (if State, TPWD) ~ was determined that
this action will not likely jeopardize the continued existence of any federal or state listed
threatened or endangered species, or to destroy or adversely modify ~ts critical habitat Attached
ara~the resulting restrictions/conditions which must be incorporated into the outgrant document ~n
order to ensure that any Impacts that the proposed action may have had on listed species or
critical habitat are eliminated
[]
d It Is requested that the District Office determine if the proposed action will I~kely jeopardize the
continued existence of a federal or state listed threatened or endangered species, or will destroy
and/or adversely modify its critical habitat
[!
e This action will likely jeopardize the continued existence of a federal or state hsted threatened
or endangered spac;es, or will destroy and/or adversely modify its cnt~cal habitat Therefore, Non-
availability is recommended
Statements and/or Conditions
(Either a, b, c, d, or e)
===================== Reserved for District Office --= ----===---=--===---=
concur [~concur [ ]
If nonconcur or (d) from above was selected, a determination of whether the area has an effect
must be made prior to authorization and one of the following statements made
[]
f' This action will likely jeopardize the continued ex~stence of a federal or state listed
threatened or endangered species, or wdl destroy and/or adversely modify ~ts cntical
habitat Attached ara the results of the Corps' conferance/consultation w~th the U S F~sh
& VVildl~fe Servico 0f State, TPWD) and resulting restnctions/condlt~ons whmh must be
incorporated into the outgrant document in order to reduce or eliminate the impacts on
listed species or critical habitat
[]
g This action will hkely jeopardize the continued existence of a federal or state hsted
threatened or endangered species, or wdl destroy and/or adversely modify Its critical
habitat Attached are the results of the Corps' conferance/consultation with the U S F~sh
& WJldhfe Service 0f State, TPWD) Non- availability is recommended
Condition
~ ~Statements and/or Conditions
S~gnature _. _
6
abcdeort)
Position
(Natural ResOurce Manager)
6 Fish and Wildlife Coordination Act (FWCA): This act ~s the Federal legislation
which requires coordination of programs and actlwt~es with the TPWD and U S Fish
and Wddllfe Service regarding the conservation and rehab~htat~on of fish and w~ldhfe
a. This proposal does not pertain to any General Plans, Congress~onally-
authonzed mlbgaflon, or Army agreed-to recommendations ~n F~sh and Wildlife
reports prepared under the prowsmns of the FWCA
[]
b. Th~s request is consistent w~th the terms and conditions of General Plans,
Congresslonally-authonzed m~bgatlon, or Army agreed-to recommendations in
Fish and W;Idhfe reports prepared under the provisions of the FWCA
[]
c. Th;s request is not consistent w~th the terms and cond;tlons of General Plans
Congresslonally-authonzed mitigation, or Army agreed-to recommendations in
Fish and Wddhfe reports prepared under the prov,slons of the FWCA
Describe Impact(s)
[]
Recommendations to mitigate impact(s)
d Th~s request is not consistent with the terms and conditions of General Plans,
Congress~onally-authonzed m~tlgabon, or Army agreed-to recommendabons ~n
Fish and Wildlife reports prepared under the provlsmns of the FWCA Therefore
Non-availabdlty is recommended
Statements and/or Conditions
(Either a b,c ord)
===================== Reserved for District Office =====================
concur [ n/.~n~o~cur [ ].~Condltlon .
Position
(Natural Resource Manager)
7
7 Historical and Cultural Resources' Federal Law requires that all h~stodc properties or
cultural resources which are eligible for or hsted in the National Register be cons~derad before
funding is approved or any outgrant is issued
[ ] a This proposal will not result in ground d~sturb~ng activities and thus w;ll not jeopardize
any,known hmtodcel or cultural resources
[~ b This proposal will result In ground-d,sturblng actlwt~es However, according to the
programmatic agraement witl~the State Histonc Preservation Officer (SHPO), th~s action
~s category;ally .excluded (CX) from further h~stoncel or. cultural rewew or documentation
~.~e-/~(.t_Aj-,T~_.3-O-,~ .~:::~'~/~'/'~ (Idenflfytheactualexclu3~pn) g'--g-'~-Z-z' '"'"r£~
[ ] c This proposal will result ~n ground-d~sturbmg acbwt~es and ~s not categoncelly
excluded The following additional data is needed in order for the D~stnct Archeologist to
determine ~f this activity will jeopardize h~stonc properties or cultural resources which am
ehgible for or listed in the National Register
1) L~st the date and type of any known surveys of the area
2) L~st the land disturbing impacts of the proposal, (e g depths, length, and w~dth of
the area to be disturbed)
3) If the area has been previously d~sturbed, describe the extent of the d~stUrbance,
(e g depths, length, and width of the area d~sturbed)
4) Identify any cultural resources found 0e flakes, shards, scrapers, etc )
Statements and/or Conditions
(Etther a b, or c)
===================== Reserved for District Office ===----=-=--=-=====-=
concur.~ noncencur [ ]
If nonconcur or (c) from above was selected, the fcllowmg required statements and/or conditions
will be completed by the District Archeologist
Determination
Il
Il
a The requested area has been previously disturbed and achvtty on the s~te wdl not
jeopardize any h~stoncal and cultural resources Th~s action has been coordinated w~th
the SHPO and no survey will be required
b The area has been adequately surveyed for htstoncal and cultural resources and
none were ~dent~fled Th~s action has been coordinated w~th the SHPO
DEPARTMENT OF THE ARMY
FORT WORTH DISTRICT. CORPS OF ENGINEERS
P O BOX 17300
FORT WORTH, TEXAS 76102-0300
operations Division
October 4, 1996
OCT 0 ? 1996
Mr. curtim Tunnel1
State HisHorio preservation officer
Texas Historical commission
P.o. Box 12276
Austin, ~exa~ 18711 .
Dear Mr. Tunnel1:
planning a wildlife restoration proJeo= at Lewlsv~lle LaKe in
Denton county, Texas. The.project will =nolude.~h~ excavation of
several weHlan~ ponds within the Elm Fork Trlnl=y K~ver
flooflplain areas shoWn on the enclose~ map. The maximum depth of
excavaHion will he between 24 an~ 36 inches. Because Holoce~e
alluvi&1 sites in this so,ting are so deeply buried, we have
de=ermined that ~he propose~ proJeo~ will not affect historic
properties. We reques~ your concurrence with th~s determination.
S~ncerely,
Chief, Technical Support Branch
Enclosure
$cAu/1240OO
o
cONTOUR INTERVAL 10 FEET
OOTTED UHF~ REFRE~EH¥ $ ~OGT ~,ONTOURS
HA?IONAI, G£ODEYII~ VERYiOAL DATUM OF 19~J
QUAORANGLE
7 Historical and Cultural Resources (con't) ·
[ ] c A survey of the area has Identified hlstoncal end/or cultural resources The resources
have been determined ineligible for ,nclusion in the National Register of H~stonc Places Th~s
request, has bean coordinated with the SHPO
Condition If any of the above determ~nations (a-c) have been made, the following condition ~s
required ~n the outgrent
"The proposed construction will have no effect on properties I,sted In, or ehg~ble for,
~nclus~on In the National Register of Historic Places No further review of the project ~s
necessary under Sections 106 and 110 of the National H~stonc Preservation Act In the event
construction encounters ewdence of previously unknown prehistoric and/or historic materials
(~nclud~ng human remains, funerary objects, sacred objects, or objects of cultural patrimony) the
contractor shall avoid the matenals and immediately contact the Corps of Engineers Distnct
Archeologist at
(817) 978-2885"
[!
d A survey of the area has identified historical and/or cultural resources The resources
have been determined eligible for inclusion in the National Register of Histonc Places
Recommend Non-avaltablllty along th~s route
[ ] e The requested area has not been previously d~sturbed and act~wty on the s~te may
jeopardize h~stoncal and cultural resources The apphcant must prowde a survey
perform;j~H~y a qualified archeologist of the proposed action area
S,gnatur, ~('"/~ "~ ~ Pos,tton OO (A~rche~olog~t?
9
8 Mis=elleneous Provisions
Findings
No Yes Provision
I~ [ ] a Will the outgrant act~v~y Involve the use of pesticides?
r~ [ ] b W~II the proposed outgrant actlvdy include fuel burners, incinerators, gas pumps,
solvents or other volatile compounds?
c Will the proposed outgrant actiwty ~nclude the use of substances covered by the
Toxic Substances Control Act?
[]
[]
1) Will the applicant utilize any lead-based paint?
2) Will the applicant u~llze any items (such as transformers) that contain
polychlorinated b~phenols (PCB's)?
~J [ ] 3) W~ll the apphcant utilize any asbestos-conta~mng materials?
If yes Is answered to any of the following, please give a brief description of the subject
(is. Identification of material, number of tanks, gal/size, etc )
d Will the apphcant generate hazardous waste or treat, dispose, or store hazardous
waste?
~] [ ] e Will,the apphcant store or utilize hazardous matenals (~e chlonne gas, etc )?
[~, [ ] f W;II the applmant be ~nstalling underground petroleum tanks?
g W~ll, the apphcant be installing above ground petroleum tanks?
h Will the apphcant Install an on-s~ta sewage famhty? (Such as any type of septic
system, package treatment plant, etc )
Condition If any of the above findings (a-h) have been marked "yes", the following cond~bon is
required in the outgrant
"The applicant shall be in full compliance with ell apphcabte Federal, State, and local laws
and regulations for the following provisions"
Provisions
(Llstallltemsthatare~heckedyes a b c d e f org)
10
9 National Environmental Policy Act (NEPA) In order to comply w~th NEPA, Federal
agencies must certify whether or not any action has a s~gnlficant effect on the quahty of the
human environment
~:~ Exclusion The environmental impacts of this action do not have
Categorical
(cx)
s~gnificant ,effects on the quality of the human environment and therefore are catagoncally
excluded from further NEPA documentation in accordance with the CX's contained in
ER 200-2-2 ~
(Identify the actual exclusion)
[ ] b Request Detarmlnatlon
Statements and/or Conditions
(Either a or b)
======================== Reserved for District Office =-= ...... --=-=-----=
concur[ ] noncencur [t'~'''''~
If nonconcur, or (b) from above was selected, a determinabon of whether the area has an effect
must be made prior to authonzatmn and one of the following statements made
[ ] a Catagorical Exclusion. The enwronmental Impacts of this action do not have
significant effects on the quality of the human environment and therefore are, categorically
excluded from further NEPA documentation in accordance with the ER 200-2-2
(Identify the actual exclusion)
[~~b Environmental Assessment (EA) The impact of th~s acbon doe,,not qualify for a
CX and/or ~s not hkely to have a significant impact on the quality of the human environment to
require an .environmental impact statement An EA is required
[ ] c Environmental Impact Statement (ELS) The impact of th~s acbon ~s considered to
have a significant impact on the quali.ty of the human environmel~t .Ar~ ElS IS re~u)r, ed / ..._--
Statement/Condition ;/ , -- --- '~ , ~ /' ~-- -' -
- - (Natural Resour~lanager)
11
C Special Conditions
1 The following rote specific recommendations are made as hm~tat~ons, restnctlons, safety
~ssues, clearances for power and communication lines over reservoirs (sag height), or conditions
to be included in the grant to make the proposed use compatible vmth the operation of the
I~roje~
2 REMARKS - (include any pertinent historical, legal, policy, mission, or controversial
factors you are aware of that may affect the proposed use of the property)
3 My review of the proposal ~ndlcetes that the proposal (w~ll,
~erfere with operation of the proJect, or wrth the land use demgnabons and resource
objectives set forth ~n the master plan and operational management plan
4 Based on the ~nformat~on prowded above and my review of the Environmental and
Cultural considerations (including the EBS if applIcable), I recommend the outgrant be
(Approve~ or Oenmd)
Date
PARK MANAGER
12
r,~ _
SOPPLEMENTAL AGREEMENT NO 1
TC
DEPARTMENT OP THE ARMY
LEASE NO DACW63-1 00-0999
LEWISVILLE LAKE TEXAS
This Supplemental Agreement No 1 is made and entered into
between the Secretary of the Army party of the first part
hereinafter referred to asthe Government and Crty of Denton
Texas party of the second part hereinafter referred to as the
Lessee
W I T N E S S E T H
WHEREAS on 18 April 2000 the Secretary of the Army leased
to the City of Denton Texas for Pr0]ecC Cooperative Agreement
purposes approximately 2 645 acres of land at Lewisville Lake
Texas and
WHEREAS the Government wishes to amend saad lease to replace
the Exhibit B map with a new Exhibit B-1 map and to change [he
acreage from approximately 2 645 acres to approximately 2 835
acres as shown on the new Exhibit B-1 map and
WHEREAS it is acceptable to the Secretary of the Army and
City of Denton Texas Co replace the Exhibit B map with a new
Exhibit B-1 map and to change the acreage from approximately
2 695 acres to approximately 2 835 acres as shown on the new
3xhibi[ B-1 map and
NOW THEREFORE by mutual agreement o£ the parties hereto
the original lease is amended in the following respect only
a VISTNESSETE clause 15 changed Co read hereby leases
approximately 2 835 acres of land within Tracts N-1101-2 2531
and 2532 to the Lessee as idenilf ied In Exhibit B-1
b Exhibit B map is replaced with Exhibit e-1 map
~oo~ _/3~
All other provisions of the lease remain unchanged and in
full force and effect
- r
IN WITNESS WHEREO ' I h c hereunto se[ y hand by dnectwn of
the Secretary ofthe Army this 7-' day of~_ 2007
a H
Chtef Real Estate Drvtaon
This SUPPLEMENTAL AGREEMENT NO ] is also executed this
~q^ Day of urc~ 2007
George Campbell Ctry Manager
Cny of Denton
ATTEST
JEVNQ~EA WALTERS CITY SECRETARY
APPROV ED AS TO LEGAL FORM
EDWI~N~M~~SN(/YfDER CITY ATTORNEY
.= , .
C E R T I F I C A T E
I ~~U K,(l~~+i(~~j~~ ) certify that I am the
(/S9f ~~ ~'~G/IU yof the/ Ciey of Denton named as Grantee
herein That (TF_ _. (//~ 1 ~~ 1 b~'~~ who signed this Supplemental
~/ 9
Agreement No 1 on behalf of the Grantee was then
of the City of Denton and that said Supplemental Agreement
No 1 was duly scgned for and behalf of the Crty of Denton by
author ty of ris governing body and is wrthin the scope o£ ris
legal powers
No[e Someone other than the andrvrdual who executes the
Supplemental Agreement must complete this certificate
1
7".,