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FULL PACKET_2015-08-04
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FULL PACKET_2015-08-04
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Date
8/4/2015
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The parties therefore agree: <br />1. In consideration for the District's obligations in this Agreement, the City agrees to initiate <br />and pursue the Land Conversion Requirements and take all other actions necessary to obtain the NPS's <br />approval of the Replacement Properties and removal of the Use Restrictions from the License Area in <br />order to allow the City and the District to enter into negotiations for a long -term lease of the License <br />Area. <br />2. The District agrees to cooperate with the City in fulfilling the Land Conversion <br />Requirements and to reimburse the City in an amount not to exceed Three Hundred Thirty -Four Thousand <br />Dollars ($334,000) for its costs at such times and in such amounts set forth in this Agreement. <br />3. The scope of the Land Conversion Requirements shall conform with those requirements <br />found at 36 C.F.R. § 59.3, which are incorporated by reference, and any other applicable requirements <br />hereafter established by the NPS. <br />4. The estimated costs of the Land Conversion Requirements are set forth in Exhibit A and <br />are based on the City's prior experience in the earlier land conversion. Notwithstanding the foregoing, <br />the District shall reimburse the City for the actual costs for the tasks described in Exhibit A and any <br />others required by the Land Conversion Requirements. Additionally, the Executive Director of the City's <br />Parks, Recreation and Community Services Agency ( "Executive Director ") and the District's Vice <br />Chancellor of Business Operations/Fiscal Services ( "District Official ") are hereby authorized to add any <br />additional categories of expense if so required by the NPS, provided that the total reimbursement <br />obligation of the District shall not exceed $334,000 without written approval by the City Council and the <br />District's governing board, which approval must be granted by both the City and the District before such <br />additional expenses are incurred. <br />a. City shall ensure that the scope of work and deliverable(s) of each consultant utilized <br />will comply with the scope of the Land Conversion Requirements. <br />b. City shall formally bid and award contracts in accordance with City's rules and <br />regulations for the procurement of materials, supplies, labor, and equipment. <br />5. Payment by the District shall be made within thirty (30) days of the District's receipt of <br />(a) the City's payment request based on invoices received by the City from its consultants for the required <br />tasks and services described on Exhibit A, (b) copies of those invoices, and (c) copies of any other <br />supporting documentation reasonably requested by the District to evidence that the work invoiced by the <br />consultant has actually been performed. <br />6. This Agreement shall commence on the date fist written above and expire on the latter of <br />the dates when (a) the City has been reimbursed in full for the expenses that are the subject of this <br />Agreement or (b) the NPS has rendered its final decision as to whether the Replacement Properties are <br />acceptable to cause the Use Restrictions to be removed from the License Area. This Agreement may be <br />terminated earlier by mutual agreement of the parties, provided that the City is paid in full for all <br />expenses it has incurred at the time of the effective date of termination. <br />7. The City acknowledges that the District is providing the funding which is the subject of <br />this Agreement with the understanding that if and when the Use Restrictions are removed from the <br />License Area by the NPS, the City and the District will enter into negotiations for a long -term lease <br />agreement for the District's use of the License Area on terms and conditions mutually acceptable to the <br />City and the District. If, within thirty -six months following the removal of the Use Restrictions, the <br />20A -6 <br />
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