HomeMy WebLinkAboutR-1994-067 Yakima Firing Center•
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RESOLUTION NO. R-94
67
A RESOLUTION authorizing and directing the City Manager and the City Clerk
of the City of Yakima to execute an agreement with the
Department of the Army for a license to utilize a firing range at
the Yakima Firing Center
WHEREAS, the Yakima Police Department utilizes firing range facilities at
the Yakima Firing Center by virtue of a license granted by the Department of the
Army, which license has expired and must be renewed to allow continued use by
the Yakima Police Department of those firing range facilities; and
WHEREAS, the Department of the Army has offered to renew and extend
such license according to the terms and conditions of the license agreement
document attached hereto; and the City Council deems it to be in the best interests
of the City that such license agreement be executed, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk of the City of Yakima are hereby
authorized and directed to execute a license agreement with the Department of the
Army for the above purpose, a copy of which license agreement, identified as
Department of the Army License No DACA67-3-94-145 Yakima Firing Center,
Yakima County, Washington, is attached hereto and by reference made a part
hereof
ADOPTED BY THE CITY COUNCIL this 7th day of June , 1994
ATTEST p Mayor
Lih e -w/ �4 G Vri
City Clerk
(1s)res/firing center.pm
LICENSE NO. DACA67-3-94-145
DEPARTMENT OF THE ARMY
LICENSE
YAKIMA FIRING CENTER
(PROJECT/ INSTALLATION)
YAKIMA COUNTY, WASHINGTON
(COUNTY, STATE)
THE SECRETARY OF THE ARMY, hereinafter referred to as the Secretary, under
authority of its General Administrative Power, hereby grants to the CITY OF YAKIMA,
Washington, by virtue of the laws of the State of Washington, through its Police
Department hereinafter referred to as the grantee, a license for use of Tank Range
No. 3, as identified in EXHIBIT "A" attached hereto and made a part hereof, and
described as follows:
An area approximately 250 yards square located in Section 19, Township 14
North, Range 20 East, W. M. Yakima County, Washington, containing 12.91 acres,
more or less.
THIS LICENSE is granted subject to the following conditions.
1. TERM
This license is granted for a term of five (5) years, beginning 1 February 1994 and
ending 31 January 1999, but revocable at will by the Secretary.
2. NOTICES
All notices to be given pursuant to this license shall be addressed, if to the grantee, to
City of Yakima, Police Department, ATTN: Pleas Green, Chief of Police, 204 East "B"
Street, Yakima, WA 98901-2345; and if to the United States, to the District Engineer,
ATTN: Chief, Real Estate Division, Post Office Box 3755, Seattle, WA 98124-2255; or
as may from time to time otherwise be directed by the parties. Notice shall be deemed
to have been duly given if and when enclosed in a properly sealed envelope addressed
as aforesaid, and deposited, postage prepaid, in a post office regularly maintained by
the United States Postal Service.
3. AUTHORIZED REPRESENTATIVES
Except as otherwise specifically provided, any reference herein to "Secretary", "District
Engineer", "Installation Commander", or "said officer" shall include their duly
authorized representatives. Any reference to "grantee" shall include any duly
authorized representatives.
4. SUPERVISION BY THE INSTALLATION COMMANDER
The use and occupation of the premises shall be subject to the general supervision
and approval of the Installation Commander, Yakima Firing Center (YFC), hereinafter
referred to as said officer, and to such rules and regulations as may be prescribed
from time to time by said officer.
5. APPLICABLE LAWS AND REGULATIONS
The grantee shall comply with all applicable federal, state, county and municipal laws,
ordinances and regulations wherein the premises are located.
6. CONDITIONAL USE BY GRANTEE
The exercise of the privileges herein granted shall be:
a. without cost or expense to the United States;
b. subject to the right of the United States to improve, use or maintain the
premises.
c. subject to other outgrants of the United States on the premises.
d. personal to the grantee, and this license, or any interest therein, may not be
transferred or assigned.
7. CONDITION OF PREMISES
The grantee acknowledges that it has inspected the premises, knows its condition,
and understands that the same is granted without any representations or warranties
whatsoever and without any obligation on the part of the United States.
8. COST OF UTILITIES
The grantee shall pay the cost, as determined by said officer, of producing and/or
supplying any utilities and other services furnished by the government or through
government-owned facilities for the use of the grantee, including the grantee's
proportionate share of the cost of operation and maintenance of the government-
owned facilities by which such utilities or services are produced or supplied. The
Government shall be under no obligation to furnish utilities or services. Payment
shall be made in the manner prescribed by the officer having such jurisdiction.
9. PROTECTION OF PROPERTY
The premises shall at all times be protected and maintained in good order and
condition by and at the expense of the grantee. The grantee shall be responsible for
any damage that may be caused to the property of the United States by the activities
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of the grantee under this license, and shall exercise due diligence in the protection of
all property located on the premises against fire or damage from any and all other
causes. Any property of the United States damaged or destroyed by the grantee
incident to the exercise of the privileges herein granted shall be promptly repaired or
replaced by the grantee to a condition satisfactory to said officer, or at the election of
said officer, reimbursement made therefor by the grantee in an amount necessary to
restore or replace the property to a condition satisfactory to said officer.
10. INDEMNITY
The United States shall not be responsible for damages to property or injuries to
persons which may arise from or be incident to the exercise of the privileges herein
granted, or for damages to the property of the grantee, or for damages to the property
or injuries to the person of the grantee's officers, agents, servants or employees or
others who may be on the premises at their invitation or the invitation of any one of
them, and the grantee shall hold the United States harmless from any and all such
claims not including damages due to the fault or negligence of the United States or its
contractors.
11. RESTORATION
On or before the expiration date of this license or its termination by the grantee, the
grantee shall vacate the premises, remove the property of the grantee, and restore the
premises to a condition satisfactory to said officer. If, however, this license is revoked,
the grantee shall vacate the premises, remove said property and restore the premises
to the aforesaid condition within such time as the District Engineer may designate. In
either event, if the grantee shall fail or neglect to remove said property and restore the
premises, then, at the option of said officer, the property shall either become the
property of the United States without compensation therefor, or said officer may cause
the property to be removed and no claim for damages against the United States or its
officers or agents shall be created by or made on account of such removal and
restoration work. The grantee shall also pay the United States on demand any sum
which may be expended by the United States after the expiration, revocation, or
termination of this license in restoring the premises.
12. NON-DISCRIMINATION
The grantee shall not discriminate against any person or persons because of race,
color, religion, sex, age, handicap, national origin in the conduct of operations on the
premises.
13. TERMINATION
This license may be terminated by the grantee at any time by giving the District
Engineer at least ten (10) days notice in writing.
14. ENVIRONMENTAL PROTECTION
A. Within the limits of their respective legal powers, the parties to this license shall
protect the premises against pollution of its air, ground and water. The grantee shall
DACA67-3-94-145
City of Yakima
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comply with any laws, regulations, conditions, or instructions affecting the activity
hereby authorized if and when issued by the Environmental Protection Agency, or any
Federal, state, interstate or local governmental agency having jurisdiction to abate or
prevent pollution. The disposal of any toxic or hazardous materials within the
premises is specifically prohibited. Such regulations, conditions, or instructions in
effect or prescribed by said Environmental Protection Agency, or any Federal, state,
interstate or local governmental agency are hereby made a condition of this license.
The grantee shall not discharge waste or effluent from the premises in such a manner
that the discharge will contaminate streams or other bodies of water or otherwise
become a public nuisance.
B. The grantee will use all reasonable means available to protect the environment and
natural resources, and where damage nonetheless occurs from the grantee's
activities, the grantee shall be liable to restore the damaged resources.
C. The grantee must obtain approval in writing from said officer before any pesticides
or herbicides are applied to the premises.
15. PRELIMINARY ASSESSMENT SCREENING
A Preliminary Assessment Screening (PAS) documenting the known history of the
property with regard to the storage, release or disposal of hazardous substances
thereon, is attached hereto and made a part hereof as EXHIBIT "B". Upon expiration,
revocation or relinquishment of this instrument another PAS shall be prepared which
will document the environmental condition of the property at that time. A comparison
of the two assessments will assist the government in determining the environmental
restoration requirements of the grantee. Any such requirements will be completed by
the grantee in accordance with the condition on RESTORATION.
16. HISTORIC PRESERVATION
The grantee shall not remove or disturb, or cause or permit to be removed or
disturbed, any historical, archeological, architectural or other cultural artifacts, relics,
remains or objects of antiquity. In the event such items are discovered on the
premises, the grantee shall immediately notify said officer and protect the site and the
material from further disturbance until said officer gives clearance to proceed.
17. DISCLAIMER
This license is effective only insofar as the rights of the United States in the premises
are concerned; and the grantee shall obtain any permit or license which may be
require by Federal, state, or local statute in connection with the use of the premises.
It is understood that the granting of this license does not preclude the necessity of
obtaining a Department of the Army permit for activities which involve the discharge
of dredge or fill material or the placement of fixed structures in the waters of the
United States, pursuant to the provisions of Section 10 of the Rivers and Harbors Act
of 3 March 1899 (33 USC 403), and Section 404 of the Clean Waters Act (33 USC
1344) .
DACA67-3-94-145
City of Yakima
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18. TERMINATION FOR FAILURE TO COMPLY OR FOR NONUSE
All or any part of the real estate herein granted may be terminated by the Secretary
for failure to comply with any or all of the terms and conditions of this license, or for
nonuse for a one-year period or abandonment of rights granted herein.
19. SECONDARY USE
Subject use will be secondary to Army training requirements.
20. GOVERNMENT'S RIGHT TO USE LICENSEE'S FACILITIES
The government reserves the right to use the licensed area and the facilities placed
thereon by the grantee, for Federal and National Guard purposes.
21. COORDINATION WITH YFC RANGE OFFICER
All uses of YFC Ranges will be subject to YFC's regulations and range standard
operating procedures. The grantee will be required to coordinate range availability
with the YFC Range Officer, telephone (509) 454-8220, a minimum of 90 days prior to
desired use.
22. SUPERSESSION
This license supersedes License No. DACA67-3-84-93.
THIS LICENSE is not subject to Title 10, United States Code, Section 2662, as
amended.
IN WITNESS WHEREOF, I have hereunto set my hand by authority of the Secretary of
the Army, this 21st day of ,Time , 1994 •
oi)z.lii
A.E. HAMILTON
Acting Chief, Real Estate Division
Seattle District, Corps of Engineers
DACA67-3-94-145
City of Yakima
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THI LICENSE is also execu d1by the grantee this
By:\,N..
DICK ZAIS, Ci Manager
7
CITY OF YAKIMA
day of
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Ar.ftST: (print or type name)
l - - Title: (1itl ( 0= I;Li
City Clerk
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Ct Y CONTRACT NO. `" ` l r`�'
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DACA67-3-94-145
City of Yakima
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RE L. F`.TA E
YAKIMA FIRING CENTER, WA
TO
CITY OF YAKIMA
EXHIBIT "A"
TO
LICENSE NO. DACA67-3-94-145
PAS:93-AUG-117
REC:93-AUG-141
93-DEPR-110
Preliminary Assessment Screening
Yakima P.D. Use of Range 3
Yakima Training Center, Washington
21 September 1993
I. Real Property Transaction: Renewal of license DACA67-3-84-83 for the Yakima Police Department
use of range #3 at Yakima Training Center.
A. Parties:
1. The proponent is the Yakima Police Department.
2. The other party is Yakima Training Center.
B. Proposed Uses: Weapons training and qualification.
II. Contamination Assessment:
A. A Comprehensive Records Search conducted on 16 September 1993 by Ms. J Templeman
included a review of the following areas:
1. Installation Assessment of the Headquarters, I Corps and Fort Lewis, Wash., and
the Sub -installations YFC, Camp Bonneville, 'and Vancouver Barracks, Washington.
Report No. 325. Environmental Science and Engineering, Inc. Gainesville, Florida.
Sept 1983.
2. Hazardous Waste Evaluation Report for Fort Lewis, Washington. 29 July 1990.
ENRD, Fort Lewis.
B. A Site Investigation performed by Ms. J Templeman evaluated the following areas:
1. Interview with Mr. Jim Reddick, YTC Range Control.
2. Review of Yakima Training Center Special.
III. Summary of Findings:
A. Summary Of Comprehensive Records Search: This site was not identified in either report
cited above as a site of known or potential contamination.
B. Summary of Site Inspection: There was no indication of contamination revealed in the site
investigation.
IV. Statement of Findings: There was no indication in the comprehensive records search or the site
inspection of any potential or existing contamination.
Prepared by:
Joa a K. Templeman
Env onmental Researcher, CTT
Environmental and Natural Resources Division
Reviewed by:
kJ.. d i por
• IA 'ANNA
Chief, Environmental and
Natural Resources Division
Reviewed by:
/ 0 , (A :,,-) e • C io - (-<- / 2 )2 - -
Gary D. Stedman
Chief, Environmental Resources Branch
Environmental and Natural Resources Division
Approved by,
Zgr
ARTHUR B. GRAV TT, III
Colonel, EN /
Director of Engineering
and Housing
EXHIBIT "B"
TO
LICENSE NO. DACA67-3-94-145