HomeMy WebLinkAbout001113 Original ContractIN REPLY REFER To:
2800 (ORW020)
WAOR-41737-01
City of Port Angeles
Record # 001113
United States Department of the Interior
BUREAU OF LAND MANAGEMENT
Spokane District
Wenatchee Field Office
915 Walla Walla Avenue
Wenatchee, Washington 98801
t
CERTIFIED MAIL - Return Receipt No. 7015 0640 0007 6973 2306
City of Port Angeles
Attn: City Clerk Jennifer Veneklasen
321 East Fifth Street
Port Angeles, Washington 98362-0217
DECISION
Recreation and Public Purposes Act Lease WAOR-67325 Issued
Rental Determined
I have reviewed the documentation for this proposal (DOI-BLM-OR-134-2013-0018-CX), and
have detennined that authorizing a lease for this use would be categorically excluded from
NEPA. Under authority of Title V of the Federal Land Policy and Management Act of 1976,
Sec. 212, and the Elwha River Ecosystem and Fisheries Restoration Act (Pub.L. 102-495, 106
Stat. 3173.3177) a Recreation and Public Purposes Act Lease will be issued to the City of Port
Angeles approving the authorization on public land in Clallam County, Washington. The area
leased herein contains 16.91 acres.
The land has been classified suitable for lease under the Recreation and Public Purposes Act (68
Statute 173; 43 United States Code 869 et. seq.). A 99 year lease with option for renewal is
hereby issued, subject to the terms and conditions specified in the lease.
Enclosed is a copy of your executed lease, serial number WAOR-41737-01 which allows the
authorized use of public land.
A nominal rental of $20.00 per acre, or portion thereof, per year with a minimum annual rental of
$25.00 is charged for leases to government entities under special pricing schedules. The annual
rental has been determined to be $34.00 for the lease. This amount has been received.
The issuance of this lease may be appealed to the Interior Board of Land Appeals, Office of the
Secretary, in accordance with the regulations at 43 CFR, Part 4 and the enclosed Form 1842-1. If
an appeal is taken, your notice of appeal must be filed in this office (at the above address) within
30 days from receipt of this decision. The appellant has the burden of proof of showing that the
decision appealed from is in error.
My decision is issued in accordance with 43 CFR 2801.10 (b) and may be implemented
immediately. This decision will remain in effect while appeals are pending unless a stay is
granted under 43 CFR 4.21 (b).
If you wish to file a petition (request) pursuant to regulation 43 CFR 2801.10 or 43 CFR 288 1. 10 for
a stay (suspension) of the effectiveness of this decision during the time that your appeal is being
reviewed by the Board, the petition for a stay must accompany your notice of appeal. A petition for a
stay is required to show sufficient justification based on the standards listed below. Copies of the
notice of appeal and petition for a stay must also be submitted to each party named in this decision
and to the Interior Board of Land Appeals and to the appropriate Office of the Solicitor (see 43 CFR
4.413) at the same time the original documents are filed with this office. If you request a stay, you
have the burden of proof to demonstrate that a stay should be granted.
Standards for Obtaining a Stay
Except as otherwise provided by law or other pertinent regulation, a petition for a stay of a decision
pending appeal shall show sufficient justification based on the following standards:
(1) The relative harm to the parties if the stay is granted or denied,
(2) The likelihood of the appellant's success on the merits,
(3) The likelihood of immediate and irreparable harm if the stay is not granted, and
(4) Whether the public interest favors granting the stay.
If you have any questions about this decision or the enclosed right-of-way grant, please contact
Brenda Woods, Realty Specialist at 509-665-2116.
Sincerely,
cam
Afik ,Atk-�
Linda Coates -Markle
Field Manager
Enclosures
I - Right-of-way grant, map, and stipulations
2 - Form 1842-1
Form 2912-1 UNITED STATES
(May 200 1) DEPARTMENT OF THE INTERIOR Serial Number
BUREAU OF LAND MANAGEMENT
RECREATION OR PUBLIC PURPOSES LEASE ( WAOR-41737-01
Act of June 14,1926, as amended (43 U.S.C. 869 et. seq.)
This lease entered into on this 25th day of April 20 16 , by the United States of America, the lessor, through the
authorized officer of the Bureau of Land Management, and
The City of Port Angeles
,hereinafter
called the lessee,pursuant and subject to the terms and provisions of the Recreation and Public Purposes Act and to all reasonable regulations of the
Secretary of the Interior now or hereafter in force when not inconsistent with any express and specific provisions herein, which are made a part
hereof,
WITNESSETH:
Sec. 1. The lessor, in consideration of the rents to be paid and the conditions to be observed as hereinafter set forth, does hereby grant and lease to the
lessee the right and privilege of using for the purposes hereinafter set forth in the following -described lands:
Willamette Meridian, Clallam County Washington, T. 31 N., R. 6 W., out lots 4, 5, 14, and out lot 7 except for the easterly 4.63 acres contained
in the U.S. Coast Guard Lighthouse Reservation.
containing 16.91 acres, together with the right to construct and maintain thereon all buildings or other improvements necessary for such use
for a period of 99* years, the rental to be $ 34.00 per annum. If, at the expiration date of the lease the authorized officer shall determine
that the lease maybe renewed, the lessee herein will be accorded the privilege of renewal upon such terms as maybe fixed by the lessor. The lessee may
use the premises for
Recreational and public purposes, planned future activities, and shoreline related uses and restrictions applicable to Ediz Hook are described in
the City's 2011 Harbor Resources Management Plan (HRMP) and the June 5, 2012 Port Angeles Shoreline Master Program (SMP).
In accordance with Sec. 6(a) of the "Elwha River Ecosystem and Fisheries Restoration Act" (Pub. L. 102-495, 106 Stat. 3173),
the Secretary of the Interior is authorized by the U.S. Congress to issue a 99 year lease to the City of Port Angeles for those lands
lands situated on Ediz Hook, Clallan County, WA, pursuant to the Act of June 14, 1926, as amended (43 U.S.C. 869 et seq.).
Sec. 2. There are reserved to the United States all mineral deposits in Sec. 4. In consideration of the foregoing, the lessee hereby agrees:
said lands, together with the right to mine and remove the same under
applicable laws and regulations to be established by the Secretary of (a) To improve and manage the leased area in accordance with the
the Interior. plan of development and management designated as
Sec. 3. The lessor reserves the right of entry, or use, by
(a) any authorized person, upon the leased area and into the
buildings constructed thereon for the purpose of inspection;
(b) Federal agents and game wardens upon the leased area on
official business;
the City's 2011 Harbor Resources Management Plan (HRMP) and
the June 5, 2012 Port Angeles Shoreline Master Program (SMP)
and approved by an authorized officer on 08/15/2015
or any modification thereof hereinafter approved by an authorized
officer, and to maintain all improvements, during the term of this lease,
in a reasonably good state of repair.
(c) the United States, its permittees and licensees, to mine and (b) To pay the lessor the annual rental above set forth in advance
remove the mineral deposits referred to in Sec. 2, above. during the continuance of this lease.
(Continued on page 2)
(c) Not to allow the use of the lands for unlawful proposes or for any
purpose not specified in this lease unless consented to under its terms:
not to prohibit or restrict, directly or indirectly, or permit its agents,
employees, contractors (including, without limitation, lessees, sub-
lessees, acrd permittees), to prohibitor restrict the use of any part of the
leased premises orany of the facilities thereon by any person because of
such person's race, creed, color, sex, or national origin.
(d) Not to assign this lease or to change the use of the land without
first receiving the consent of the authorized officer of the Bureau of
Land Management.
(e) That this lease may be terminated after due notice to the lessee
upon a finding by the authorized officer that the lessee had failed to
comply with the terms of the lease; orhas failed to use the leased lands
for the purposes specified in this lease for a period of five consec-
utiveyears; or that all orpart of the lands is being devoted tosomeother
use notconsented to by the authorized officer; or that the lessee has not
complied with his development and management plans referred to in
subsection 4(a).
(f) That upon the termination of this lease by expiration, surrender,
or cancellation thereof, the lessee, shall surrender possession of the
premises to the United States in good condition and shall comply with
such provisions and conditions respecting the removal of the improve-
ments of and equipment on the property as may be made by an
authorized officer.
(g) To take such reasonable steps as may be needed to protect the
surfaceof the leased area and the natural resources and improvements
thereon.
(h) Not to cut timber on the leased area without prior permission of,
or in violation of the provisions and conditions made by an authorized
officer.
(i) That nothing contained in this lease shalI restrict the acquisition,
granting, or use of permits orrights-of-way under existing laws by an
authorized Federal officer.
Sec. 5. Equal Opportunity Clause. Lessee will comply with all provi-
sions of Executive Order No. 11246 of September 24,1965, as amended,
and the rules, regulations, and relevant orders of the Secretary of
Labor. Neither lessee nor lessee's subcontractors shall maintain
segregated facilities.
FOR EXECUTION BY LESSEE
IN WITNESS WHEREOF:
a
(Si nature of Lessee's Authorize Officer)
(Signature of Witness)
Sec. 6. Equal Access Clause. Lessee shall comply with all provisions of
the American Disabilities Act of July 26, 1990 the Architectural Barriers
Act of 1968 and Section 504 of the Rehabilitation Act of 1973, as
amended. These Acts require that programs and public facilities
constructed or renovated he accessible to and usable by persons with
disabilities.
Sec. 7. The lesseemay surrender this lease or any part thereof by filing
a written relinquishment in the appropriate BLM office. The relin-
quishment shall be subject to the payment of all accrued rentals and to
the continued obligation of the lessee to place the lands in condition for
relinquishment in accordance with the applicable lease terms in
subsections 4(f) and 4(g) and the appropriate regulations.
Sec. 8. The lessee further agrees to comply with and be bound by those
additional terms and conditions identified as
Exhibit B Additional Terms
and which are made a part hereof.
Sec. 9. No Member of, or Delegate to, the Congress, or Resident
Commissioner, after his election or appointment, and either before or
after he has qualified, and during his continuance in office, and no
officer, agent, or employee of the Department of the Interior, except as
otherwise provided in 43 CFR, Part 7, shallbe admittedto any shareor
part of this lease, or derive any benefit that may arise there from, and
the provisions of Title 18 U.S.G. Sections 431-433, relating to con-
tracts, enter into and form a part of this lease, so far as the same may be
applicable.
THE UNITED STATES OF AMERICA
('6r
By
(Authorized Officer)
(Title)
j. -c" L
(Date) ( ate)
This form does not constitute an information collection as defined by 44 U.S.C. 3502 and therefore does not require OMB approval.
(Form 2912-1, page 2)
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Map Area(in red)
Exhibit A-WAOR 41737
City of Port Angeles R&PP Application N
for Ediz Hook n
T.31 N., R6W., Willamette Meridian
wa�at<haa
Clallam County
So,
0 0.125 0.25 0.5
Miles Washington Stat e
Serial No: WAOR-41737-01
EXHIBIT "B"
ADDITIONAL TERMS
1. Lessee shall manage and develop the Ediz Hook project area in accordance with the Shoreline
Master Program and the Harbor Resource Management Plan.
2. The Authorized Officer, or his representative, may at any time inspect the onsite construction,
maintenance, and operation of Lessee's project. Officials of State and other Federal agencies
may also inspect such activities if necessary to the performance of official duties relating to the
project. The right to inspect includes the right to use private roads belonging to Lessee in
order to reach the site.
3. Lessee shall apply for amendment of this lease at any time additional land, and/or new uses
are proposed which are beyond the scope of the rights herein granted. This provision does not
prohibit repairs to the property's existing facilities if such repairs are performed in kind.
4. Lessee prior to start of construction, reconstruction, or any surface disturbing activity shall
notify the Authorized Officer of the intent to proceed with such work, the date it is to
commence, and the delegated representative of Lessee. Such delegated representative is the
person authorized by Lessee to carry out the terms and conditions of the lease and act on
behalf of Lessee. The notice of the delegated representative shall include a current mailing
address and telephone number. The Authorized Officer may, upon recommendation by a
cultural resource specialist, require a fully qualified archaeologist be present to monitor
ground disturbing activities.
5. If an archaeological resource (historic or prehistoric site or object) is discovered by Lessee or
any person working on the Lessee's behalf, on federal lands, Lessee shall immediately stop all
operations in the area, immediately notify the Authorized Officer (AO: Field Manager,
Wenatchee Resource Area) verbally, and follow such verbal notification with a written
confirmation (certified mail recommended). In accordance with 43 CFR §10.4 (c)(d) and (g),
if the discovery includes human remains, funerary items, sacred objects, or objects of cultural
patrimony, operations shall remain suspended and the discovery protected for thirty (30) days
or until a written notice to proceed is issued by the AO. An evaluation of the resource or
remains will be made by the AO and appropriate mitigation actions will be identified in
consultation with the SHPO, consulting tribes, and Lessee. Lessee shall be responsible for
evaluation and mitigation costs. All archaeological materials shall remain the property of the
United States.
6. Lessee shall remove and dispose of all construction, operation, or maintenance -generated
waste in a manner consistent with federal, state, and local laws. Waste means all discarded
matter, including, but not limited to, human waste, trash, garbage, refuse, containers, unused
products and equipment.
Page 1 of 3
Serial No: WAOR-41737-01
7. Lessee shall protect all survey monuments. Survey monuments include, but are not limited to,
General Land Office and Bureau of Land Management Cadastral Survey Corners, reference
corners, witness points, U.S. Coastal and Geodetic benchmarks and triangulation stations,
military control monuments, and recognizable civil (both public and private) survey
monuments. If a survey monument is in danger of being lost or damaged, Lessee shall
reference the monument in a manner allowing the point to be reestablished and re-
monumented or rehabilitated after construction. If a monument is damaged or lost, Lessee
shall immediately report the incident, in writing, to the Authorized Officer (AO) and the
respective installing authority if known. Where General Land Office or Bureau of Land
Management monuments or references are involved, Lessee shall secure the services of a
registered land surveyor or a Bureau cadastral surveyor to restore the disturbed monuments
and references using surveying procedures found in the Manual of Surveying Instructions for
the Survey of the Public Lands of the United States, latest edition. Lessee shall record such
survey in the appropriate county and send a copy to the AO. Lessee shall be responsible for
all federal and non-federal survey costs.
8. The United States will not be liable for any damage that may occur to facilities authorized by
this lease as a result of fire, wind, or other natural disasters, or as a result of its management
of the public lands. If it becomes necessary to move, relocate, or replace Lessee's facilities
because of federal land management activities, Lessee shall bear the costs incident thereto.
9. Lessee agrees to maintain the lands and facilities open to use by the public for recreational use
without discrimination based on race, color, religion, sex, age, or national origin in accordance
with Title VI of the Civil Rights Act of 1964 (78 Stat. 241).
10. The Authorized Officer (AO) may order revocation or suspension of this lease, after notice
and hearing, upon a final administrative finding of a violation of any term or condition of this
lease, including, but not limited to, terms and conditions requiring compliance with
regulations under Acts applicable to the public lands and compliance with applicable State or
Federal air or water quality standard or implementation plan: Provided, That such violation
occurred on public lands covered by this lease and occurred in connection with the exercise of
rights and privileges granted by it: Provided further, That the AO shall terminate any such
suspension no later than the date upon which he determines the cause of said violation has
been rectified: Provided further, That the AO may order an immediate temporary suspension
prior to a hearing or final administrative finding if he determines that such a suspension is
necessary to protect health of safety or the environment: Provided further, That where other
applicable law contains specific provisions for suspension, revocation, or cancellation of a
permit, lease, or other authorization to use, occupy, or develop the public lands, the specific
provisions of such law shall prevail.
11. Lessee shall be responsible for weed control within the lease, and shall consult with the
Authorized Officer or local authorities for acceptable weed control methods.
Page 2 of 3
Serial No: WAOR-41737-01
12. Pesticide use shall comply with applicable Federal and State laws. Pesticides shall be used only
in accordance with their registered uses and within limitations imposed by the Secretary of the
Interior. Prior to pesticide use, Lessee shall obtain from the Authorized Officer (AO) written
approval of a plan showing the type and quantity of material to be used, pest(s) to be
controlled, method of application, location of storage and disposal of containers, and any other
information deemed necessary by the AO. Emergency pesticide use shall be approved in
writing by the AO prior to such use.
13. Lessee shall comply with Toxic Substances Control Act of 1976, as amended, (15 U.S.C. 2601
et seq (1982)), regarding any toxic substances that are used, generated, or stored on the lease
or in facilities authorized by this lease (40 CFR 702-799, especially see polychlorinated
biphenyls, 40 CFR 761). Any release (leaks, spills, etc.) of toxic substances in excess of the
reportable quantity established by 40 CFR 117, shall be reported as required by the
Comprehensive Environmental Response, Compensation, and Liability Act, section 102b. A
copy of any report required or requested by any federal or state agency as a result of a
reportable release of toxic substances shall be furnished concurrently to the Authorized
Officer.
14. Lessee agrees to indemnify the United States against any liability arising from the release or
threatened release of any hazardous substance or hazardous waste (as defined in
Comprehensive Environmental Response Compensation & Liability Act of 1980, 42 U.S.C.
9601, et seq., or the Resource Conservation & Recovery Act of 1976, 42 U.S.C. 6901 et seq.) on
the lease (unless the release or threatened release is wholly unrelated to Lessee's activity on the
lease). This agreement applies to releases caused by Lessee, its agents or unrelated third
parties.
15. Lessee shall designate a representative with authority to act on instructions from the
Authorized Officer (AO). Lessee's representative shall be available for communication with
the AO within a reasonable time when construction or other surface disturbing activity is
underway.
16. Lessee shall comply with navigable airspace obstruction standards established by the Federal
Aviation Administration (FAA), commonly known as the "Federal Aviation Regulations,"
which can be found in Part 77 of Title 14 of the Code of Federal Regulations (14 CFR 77), as
amended; and in FAA "Advisory Circulars." Also the lessee shall not construct, place, install,
nor allow to be constructed, placed, or installed, any building, structure, or other object that
interferes, obstructs, or otherwise creates a hazard to air navigation for the U.S. Coast
Guard's Runway 07/25 at Coast Guard Air Station Port Angeles, located adjacent to the
leased premises on Ediz Hook.
Page 3 of 3
Form 1842-1 UNITED STATES
(September 2006) DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
INFORMATION ON TAKING APPEALS TO THE INTERIOR BOARD OF LAND APPEALS
6. REQUEST FOR STAY ............. Except where program -specific regulations place this decision in full force and effect or provide for an
automatic stay, the decision becomes effective upon the expiration of the time allowed for filing an appeal
unless a petition for a stay is timely filed together with a Notice of Appeal (43 CFR 4.21). If you wish to file
a petition for a stay of the effectiveness of this decision during the time that your appeal is being reviewed by
the Interior Board of Land Appeals, the petition for a stay must accompany your Notice of Appeal (43 CFR 4.21
or 43 CFR 280 1. 10 or 43 CFR 2881.10). A petition for a stay is required to show sufficient justification
based on the standards listed below. Copies of the Notice of Appeal and Petition for a Stay must also be submitted
to each party named in this decision and to the interior Board of Land Appeals and to the appropriate Office of the
Solicitor (43 CFR 4.413) at the same time the original documents are tiled with this office. If you request a
stay, you have the burden of proof to demonstrate that a stay should be granted.
Standards for Obtaining a Stay. Except as otherwise provided by law or other pertinent regulations, a
petition for a stay of a decision pending appeal shall show sufficient justification based on the following
standards: (1) the relative harm to the parties if the stay is granted or denied, (2) the likelihood of the appellant's
success on the merits, (3) the likelihood of immediate and irreparable harm if the stay is not granted, and (4)
whether the public interest favors granting the stay.
Unless these procedures are followed, your appeal will be subject to dismissal (43 CFR 4.402). Be certain that all coin in unications are
identified by serial number of the case being appealed.
N .,_.,4� & Act u; ii nar#--file<kuttil zc ally e iuetl:-irtth prcrpec ff :( 14_4 1{a})___See4i:�FI Part_4 Subparf_4foESeneralrules-
relating to procedures and practice involving appeals.
(Continued on page 2)
DO NOT APPEAL UNLESS
1. This decision is adverse to you,
AND
2. You believe it is incorrect
IF YOU APPEAL, THE FOLLOWING PROCEDURES MUST BE FOLLOWED
A person who wishes to appeal to the Interior Board of Land Appeals must file in the office of the officer who
made the decision (not the Interior Board of Land Appeals) a notice that he wishes to appeal. A person served
t. NOTICE OF
with the decision being appealed must transmit the Notice of Appeal in time for it to be tiled in the office where
APPEAL__ ..........
it is required to be filed within 30 days after the date of service. If a decision is published in the FEDERAL
REGISTER, a person not served with the decision must transmit a Notice of Appeal in time for it to be filed
within 30 days after the date of publication (43 CFR 4.411 and 4.413).
2. WHERE TO FILE
NOTICE OF APPEAL
Bureau of Land Management, Wenatchee Field Office
................
915 Walla Walla Ave., Wenatchee, Washington 98801
WITH COPY TO
U.S. Department of the Interior, Office of the Regional Solicitor
SOLICITOR...
805 S.W. Broadway, Suite 600, Portland, Oregon 97205
3. STATEMENT OF REASONS Within 30 days after tiling the Notice of Appeal, file a complete statement of the reasons why you are appealing.
This must be filed with the United States Department of the Interior, Office of Hearings and Appeals, Interior
Board of Land Appeals, 801 N. Quincy Street, MS 300 -QC, Arlington, Virginia 22203. If you fully stated
your reasons for appealing when filing the Notice of Appeal, no additional statement is necessary
(43 CFR 4.412 and 4.413).
WITFI COPY TO
SOLICITOR ...............................
U.S. Department of the Interior, Office of the Regional Solicitor
805 S.W. Broadway, Suite 600, Portland, Oregon 97205
4. ADVERSE PARTIES...
.............. Within 15 days after each document is filed, each adverse party named in the decision and the Regional
Solicitor or Field Solicitor having jurisdiction over the State in which the appeal arose must be served with a
copy of: (a) the Notice of Appeal, (b) the Statement of Reasons, and (c) any other documents filed
(43 CFR 4.413).
S. PROOF OF SERVICE ...............
Within 15 days after any document is served on an adverse party, file proof of that service with the United States
Department of the Interior, Office of Hearings and Appeals, Interior Board of Land Appeals, 801 N. Quincy
Street, MS 300 -QC, Arlington, Virginia 22203. This may consist of a certified or registered mail "Return Receipt
Card" signed by the adverse party (43 CFR 4.401(c)).
6. REQUEST FOR STAY ............. Except where program -specific regulations place this decision in full force and effect or provide for an
automatic stay, the decision becomes effective upon the expiration of the time allowed for filing an appeal
unless a petition for a stay is timely filed together with a Notice of Appeal (43 CFR 4.21). If you wish to file
a petition for a stay of the effectiveness of this decision during the time that your appeal is being reviewed by
the Interior Board of Land Appeals, the petition for a stay must accompany your Notice of Appeal (43 CFR 4.21
or 43 CFR 280 1. 10 or 43 CFR 2881.10). A petition for a stay is required to show sufficient justification
based on the standards listed below. Copies of the Notice of Appeal and Petition for a Stay must also be submitted
to each party named in this decision and to the interior Board of Land Appeals and to the appropriate Office of the
Solicitor (43 CFR 4.413) at the same time the original documents are tiled with this office. If you request a
stay, you have the burden of proof to demonstrate that a stay should be granted.
Standards for Obtaining a Stay. Except as otherwise provided by law or other pertinent regulations, a
petition for a stay of a decision pending appeal shall show sufficient justification based on the following
standards: (1) the relative harm to the parties if the stay is granted or denied, (2) the likelihood of the appellant's
success on the merits, (3) the likelihood of immediate and irreparable harm if the stay is not granted, and (4)
whether the public interest favors granting the stay.
Unless these procedures are followed, your appeal will be subject to dismissal (43 CFR 4.402). Be certain that all coin in unications are
identified by serial number of the case being appealed.
N .,_.,4� & Act u; ii nar#--file<kuttil zc ally e iuetl:-irtth prcrpec ff :( 14_4 1{a})___See4i:�FI Part_4 Subparf_4foESeneralrules-
relating to procedures and practice involving appeals.
(Continued on page 2)
43 CF12 SUBPART 1821 --GENERAL INFORMA'T'ION
Sec. 1821.10 Where are BLM offices located? (a) In addition to the Headquarters Office in Washington, D.C. and seven national level support
and service centers, BLM operates 12 State Offices each having several subsidiary offices called Field Offices. The addresses of the State Offices
can be Round in the most recent edition of 43 CFR 1821.10. The State Office geographical areas of jurisdiction are as follows:
STATE OFFICES AND AREAS OF .JURISDICTION:
Alaska State Office ---
Arizona State Office --
California State Office
Colorado State Office
Eastern States Office -
Idaho State Office --------
Montana State Office ----
Nevada State Office ------
New Mexico State Office
Oregon State Office ------
Utah State Office --------
Wyoming State Office ---
Alaska
Arizona
California
Colorado
Arkansas, Iowa, Louisiana, Minnesota, Missouri
and, all States cast of the Mississippi River
-- Idaho
Montana, North Dakota and South Dakota
Nevada
-- New Mexico, Kansas, Oklahoma and Texas
Oregon and Washington
Utah
Wyoming and Nebraska
(b) A list of the names, addresses, and geographical areas of jurisdiction of all Field Offices of the Bureau of Land Management can be obtained at
the above addresses or any office of the Bureau of Land Management, including the Washington Office, Bureau of Land Management, 1849 C Street,
NW, Washington, DC 20240.
(Form 1842-1, September 2006)
Receipt
Page 1 of 1
United States Department of the Interior
Bureau of Land Management Receipt
SPOKANE DISTRICT
1103 N. FANCHER
SPOKANE VALLEY, WA 99212 -1275 No: 3656239
Phone: (509) 536-1200
t
ansaction 9: 3760336
te of Transaction: 09/09/2016
CUSTOMER:
CITY OF PORT ANGELES
321 E 5TH ST
PORT ANGELES,WA 98362-3206 US
LINE
LINE
DESCRIPTION
REMARKS
UNIT
PRICE
E
CHECK
LANDS &REALTY MANAGEMENT / LEASE -
CHECK NO: 164436
NAME:
CITY OF PORT ANGELES
321 E 5TH ST
PORT ANGELES WA 98362-3206 US
1
1.00
RENTAL /INITIAL RENT LEASE- PD
KANDPP
- n/a -
34.00
PROJECT: LUGD53000160
TOTAL:
$34.00
QTY
DESCRIPTION
REMARKS
UNIT
TOTAL
CHECK
LANDS &REALTY MANAGEMENT / LEASE -
CHECK NO: 164436
NAME:
CITY OF PORT ANGELES
321 E 5TH ST
PORT ANGELES WA 98362-3206 US
CASES: WAOR 04173701/$34.00
PROJECT: LUGD53000160
PAYMENT INFORMATION
1
AMOUNT: 34.00 POSTMARKED: N/A
TYPE:
CHECK
RECEIVED: 09/09/2016
CHECK NO: 164436
NAME:
CITY OF PORT ANGELES
321 E 5TH ST
PORT ANGELES WA 98362-3206 US
REMARKS
This receipt was generated by the automated BLM Collections and Billing System and is a paper representation of a portion
of the official electronic record contained therein.
1
http://ilmnilm0ap301/cgibin/cbsp/zorder 9/9/2016
city of Port Angeles
tim United States Department ®f the Interior Record # 001113
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BUREACr OF LAND MANAGEMENT {�
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Wenatchee field Office
IN REI>LY REFER To: 915 Walla Walla Avenue
Wenatchee, Washington 98801
00
WAO R-41737-01
EDIZ HOOK
2912 (ORW020)
April 25, 2016
CERTIFIED MAIL NO. - Return Receipt Requested 7015 1660 00010297 6047
City of Port Angeles
Attn: Mr. Dan McKeen
321 East Fifth Street
Port Angeles, Washington 98362-0217
Dear Mr. McKeen:
By application dated December 3, 2012, the City of Port Angeles requested that the following described
land be classified for lease pursuant to the Recreation and Public Purposes Act:
Willamette Meridian, Washington
T. 31 N., R. 6 W.,
sec. 35, out lots 4, 5, 14, and out lot 7 except the easterly 4.63 acres
contained in the U.S. Coast Guard Lighthouse Reservation.
The area described contains 16.910 acres
The land has been classified suitable for lease under the Recreation and Public Purposes Act (68 Statute
173; 43 United States Code 869 et. seq.). A 99 -year lease with option for renewal is offered, subject to
the terms and conditions specified in the enclosed Lease forms.
A nominal rental of $2.00 per acre, or portion thereof, per year with a minimum annual rental of $25.00
is charged for leases to governmental entities under special pricing schedules. The annual rental has
been determined to be $34.00 for the lease. Please send a copy of this letter with your payment to:
U.S. Bureau of Land Management
Spokane District Office
1103 N. Fancher Road
Spokane, WA 99212-1275
If you concur, please return to this office the two enclosed lease forms within 30 days from receipt of
this letter, each form must contain the original signature of the City Official with authority to sign on
behalf of the City. A copy of the executed Lease will be returned to you.
Failure to comply may result in the issuance of a decision rejecting your application.
If you have any questions or need additional information, please contact Brenda Woods, Realty
Specialist, at the above address, by email at bwoods@blm.gov, or by phone (509) 665-2116.
Sincerely,
Linda Coates -Markle
Wenatchee Field Office Manager
Enclosures:
R&PP Lease Form 2912-1 (2 copies)
2
NGELES
E,
P-1 A,
W A S H I N G T O N, U. S. A.
City Council
August 30, 2016
U.S. Bureau of Land Management
Spokane District Office
1103 N. Fancher Road
Spokane, WA 99212-1275
RE: Ediz Hook Land Lease WAOR-41737-01
To Whom It May Concern:
Please find signed copies of the Ediz Hook Land Lease attached. The land has been classified
suitable for lease under the Recreation and Public Purposes Act, and a 99 -year lease with
option for renewal has been offered and accepted. The amlual rent for this land has been
detennined to be $34.00. Please find a check for the first year's lease payment included,
along with the signed copies of the lease.
According to your letter dated April 25, 2016, a fully executed copy will be returned for our
records. Please send our copy addressed to:
City of Port Angeles
Attention: City Clerk Jennifer Veneklasen
321 E. 5th Street
Port Angeles, WA, 98362
Thank you.
Sinc.OL, yours,
Petrick Downie
Mayor
CC: Dan McKeen, City Manager
Heidi Greenwood, Senior Assistant City Attorney
Jennifer Veneklasen, City Clerk
Attachments
Phone: 360-417-4500 / Fax: 360-417-4509 / TTY: 360-417-4645
Website: wvvw.cityofpa.us / ail: council@cityofpa.us
321 East Fifth Street - P.0. Box 1150 / ?ori Angeles, VVA 98362-0217
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U.S BUREAU 0FLAND MANAGEMENT
TOTne
SPOKANE DISTRICT OFFICE
O�DsRo� 1103NFANCHERRO
SPOKANE WA 99212-1275
noLGLl,3P=nm I 2S[][][]L[]Sn�IS3S[]21 2 1798111
United Stites Department of the Interior
BUREAU OF LAND MANAGEMENT
Spokane District
Wenatchee Field Office
915 Walla Walla Avenue
Wenatchee, Washington 98801 r _
r l
2912 (ORW020) MAY 8 2015
WAOR-41737
CITY OF POtRT AfUGELES
May 1, 2015 ci7Y c� _r�f<
CERTIFIED MAIL - Return Receipt No. 7009 2820 0000 6696 8597
Dan McKeen
City Manager
City of Port Angeles
321 East Fifth Street
Port Angeles, Washington 98362-0217
Dear Mr. McKeen:
We are reaching out to you to request a site visit to the Ediz Hook area, Port Angeles, sometime
this summer, to observe any ongoing construction activity and to discuss any future plans the
City may have for improvements to the area under Bureau of Land Management (BLM)
ownership. Participants from BLM would include our District Archaeologist, our Field Office
Realty Specialist, and myself.
BLM projects to have the Recreation and Public Purposes Act (R&PP) lease for Ediz Hook
ready for signature by the end of October 2015 and this site visit is a key component in
accomplishing this goal. We would very much like an opportunity to discuss the BLM
definition of surface disturbing activity to the lease premises and develop a plan that will ensure
that BLM's responsibility for compliance with applicable laws and regulations is in place.
Regulation(43 Code of Federal Regulations § 2741.4) requires that there be an established or
definitely proposed project for use of the land, a , detailed plan and schedule for development,
and a management plan.
Enclosed is a copy of BLM's letter to the City of Port Angeles, dated August 18, 2014. We
require a signature from your authorized officer to provide temporary means for continued use
of BLM land until the R&PP lease is signed.
We appreciate your consideration of our request and we look forward to hearing from you
regarding dates and times that you can be available to meet with us in Port Angeles. Please note
that due to an anticipated active wildfire season, a date in May or June would be preferable.
I
i
i
1
i
Sincerely,
Linda Coates-Markle
Field Manger
Enclosure:
Port Angeles Letter for continuing operations
Cc: Nathan West(Director of Community and Economic Development)
,.a 3
y
d, 0t=I'.1, u,$.or k.?# W or
ti,,l,� United States Department of the Interior „�. a„� .t
`p BUREAU OF LAND MANAGEMENT
1° Spokane District
Wenatchee Field Office
915 Walla Walla Avenue
Wenatchee, Washington 98801
IN RGPLY RLITR'I'0: �a1
`rX,\/\
2912 (ORW020) �V
WAOR-41737
N
L September 5, 2014
CERTIFIED MAIL - Return Receipt No. 7012 1 10 0001 4374 0298
Dan McKeen
City Manager
City of Port Angeles
321 East Fifth Street
Port Angeles, Washington 98362-0 7
Dear Mr. McKeen:
This letter is sent to provide a emporary means for continued use of the Bureau of Land
Management (BLM) admini tered federal lands on Ediz Hook by the City of Port Angeles (City)
while the BLM completes rocessing of the City's new lease application, serialized as
WAOR-41737. Because e current Coast Guard lease has expired, a need exists to allow
continued interim use b the City until the new BLM lease is in place. A summary of the current
situation is listed in th bullet points below. If the City agrees to the plan of action described in
this letter,please ack owledge such by signing and dating where indicated below, and returning
the signed original py of this letter to the BLM.
• The Cit/eportion Port Angeles currently leases certain lands from the United States situated on
the mid of Ediz Hook, or particularly described in the enclosed Coast Guard
lease dTcument 4DTCG89-96-S-24-AAH (formerly#DOT CG13-4811-72). Said lease
was 7 ost recently amended on June 10, 2002, and expired on June 30, 2014.
• Apfproximately 3.76 acres of the premises described in said lease was conveyed to the
Lower Elwha Klallam Tribe via Section 161 of Public Law 108-007, the "Consolidated
appropriations Resolution, 2003,” and is no longer subject to the lease. The current lease
�&mises comprise 16.91 acres, more or less.
• Under the provisions of Section 6(a) of Public Law 102-495, (106 Stat. 3177) dated
October 24, 1992, and as amended by P.L. 108-007, the Secretary of the Interior was
directed to issue a 99-year lease to the City of Port Angeles, for certain federal lands
;. 1 =`
located on Ediz Hook, using the provisions of the Recreation and Public Purpose (R&PP)
Act(Act of June 14, 1926, as amended (43 U.S.C. 869)).
• Pursuant to the Act of June 14, 1926, as amended, the City of Port Angeles has filed an
R&PP lease application with the BLM Wenatchee Field Office for the BLM administered
lands on Ediz Hook. Said application is serialized as WAOR-41737.
• The BLM is currently processing the City's R&PP application, but was unable to
complete its work and issue a lease to the City of Port Angeles before the Coast Guard
lease expired on June 30, 2014.
Based on the above, the Bureau of Land Management and the City of Port Angeles mutually
acknowledge that they will continue to implement all provisions of the expired Coast Guard
lease until June 30, 1915, or until the new BLM R&PP lease is issued, whichever occurs first.
Further, the City agrees that except for routine maintenance of existing improvements and
necessary emergency actions taken in response to weather events, natural disasters, or accidents,
no activities causing new surface disturbance to the lease premises shall occur unless prior
written approval is given by the BLM Wenatchee Field Manager. In the case of surface
disturbing actions taken to respond to emergencies, the City shall promptly notify the BLM
Wenatchee Field Manager. The BLM's administration of the lease during this interim period
will not deviate from lease oversight that has occurred over the past several years.
Sincerely,
C7
Linda Coates-Markle
Field Manger
Enclosure
Manager, City of Port Angeles Date
United States Department Of the Interior
BUREAU OF LAND MANAGEMENT
Spokane District
Wenatchee Field Office
915 Walla Walla Avenue
Wenatchee,Washington 98801
RHILY RITEVI0:
2912 (ORW020)
WAOR-41737
May 1, 2015
CERTIFIED MAIL - Return Receipt No. 7009 2820 0000 6696 8597
Dan McKeen
City Manager
City of Port Angeles
321 East Fifth Street
Port Angeles, Washington 98362-0217
Dear Mr. McKeen:
We are reaching out to you to request a site visit to the Ediz Hook area, Port Angeles, sometime
this summer, to observe any ongoing construction activity and to discuss any future plans the
City may have for improvements to the area under Bureau of Land Management(BLM)
ownership. Participants from BLM would include our District Archaeologist, our Field Office
Realty Specialist, and myself.
BLM projects to have the Recreation and Public Purposes Act (R&PP) lease for Ediz Hook
ready for signature by the end of October 2015 and this site visit is a key component in
accomplishing this goal. We would very much like an opportunity to discuss the BLM
definition of surface disturbing activity to the lease premises and develop a plan that will ensure
that BLM's responsibility for compliance with applicable laws and regulations is in place.
Regulation (43 Code of Federal Regulations § 2741.4)requires that there be an established or
definitely proposed project for use of the land, a detailed plan and schedule for development,
and a management plan.
Enclosed is a copy of BLM's letter to the City of Port Angeles, dated August 18, 2014. We
require a signature from your authorized officer to provide temporary means for continued use
of BLM land until the R&PP lease is signed.
We appreciate your consideration of our request and we look forward to hearing from you
regarding dates and times that you can be available to meet with us in Port Angeles. Please note
that due to an anticipated active wildfire season, a date in May or June would be preferable.
Sincerely,
Linda Coates-Markle
Field Manger
Enclosure:
Port Angeles Letter for continuing operations
Cc: Nathan West(Director of Community and Economic Development)
,.a 3
y
d, 0t=I'.1, u,$.or k.?# W or
ti,,l,� United States Department of the Interior „�. a„� .t
`p BUREAU OF LAND MANAGEMENT
1° Spokane District
Wenatchee Field Office
915 Walla Walla Avenue
Wenatchee, Washington 98801
IN RGPLY RLITR'I'0: �a1
`rX,\/\
2912 (ORW020) �V
WAOR-41737
N
L September 5, 2014
CERTIFIED MAIL - Return Receipt No. 7012 1 10 0001 4374 0298
Dan McKeen
City Manager
City of Port Angeles
321 East Fifth Street
Port Angeles, Washington 98362-0 7
Dear Mr. McKeen:
This letter is sent to provide a emporary means for continued use of the Bureau of Land
Management (BLM) admini tered federal lands on Ediz Hook by the City of Port Angeles (City)
while the BLM completes rocessing of the City's new lease application, serialized as
WAOR-41737. Because e current Coast Guard lease has expired, a need exists to allow
continued interim use b the City until the new BLM lease is in place. A summary of the current
situation is listed in th bullet points below. If the City agrees to the plan of action described in
this letter,please ack owledge such by signing and dating where indicated below, and returning
the signed original py of this letter to the BLM.
• The Cit/eportion Port Angeles currently leases certain lands from the United States situated on
the mid of Ediz Hook, or particularly described in the enclosed Coast Guard
lease dTcument 4DTCG89-96-S-24-AAH (formerly#DOT CG13-4811-72). Said lease
was 7 ost recently amended on June 10, 2002, and expired on June 30, 2014.
• Apfproximately 3.76 acres of the premises described in said lease was conveyed to the
Lower Elwha Klallam Tribe via Section 161 of Public Law 108-007, the "Consolidated
appropriations Resolution, 2003,” and is no longer subject to the lease. The current lease
�&mises comprise 16.91 acres, more or less.
• Under the provisions of Section 6(a) of Public Law 102-495, (106 Stat. 3177) dated
October 24, 1992, and as amended by P.L. 108-007, the Secretary of the Interior was
directed to issue a 99-year lease to the City of Port Angeles, for certain federal lands
;. 1 =`
located on Ediz Hook, using the provisions of the Recreation and Public Purpose (R&PP)
Act(Act of June 14, 1926, as amended (43 U.S.C. 869)).
• Pursuant to the Act of June 14, 1926, as amended, the City of Port Angeles has filed an
R&PP lease application with the BLM Wenatchee Field Office for the BLM administered
lands on Ediz Hook. Said application is serialized as WAOR-41737.
• The BLM is currently processing the City's R&PP application, but was unable to
complete its work and issue a lease to the City of Port Angeles before the Coast Guard
lease expired on June 30, 2014.
Based on the above, the Bureau of Land Management and the City of Port Angeles mutually
acknowledge that they will continue to implement all provisions of the expired Coast Guard
lease until June 30, 1915, or until the new BLM R&PP lease is issued, whichever occurs first.
Further, the City agrees that except for routine maintenance of existing improvements and
necessary emergency actions taken in response to weather events, natural disasters, or accidents,
no activities causing new surface disturbance to the lease premises shall occur unless prior
written approval is given by the BLM Wenatchee Field Manager. In the case of surface
disturbing actions taken to respond to emergencies, the City shall promptly notify the BLM
Wenatchee Field Manager. The BLM's administration of the lease during this interim period
will not deviate from lease oversight that has occurred over the past several years.
Sincerely,
C7
Linda Coates-Markle
Field Manger
Enclosure
Manager, City of Port Angeles Date
United States Departnient of the Interior
s
BUREAU OF LAND MANAGEMENT
Spokane District -°
Wenatchee f=ield Office
915 Walla Walla Avenue -
Wenatchee, Washington 98801 ? C
ti REPLY ruriai°: 8 C�iLI
2912 (ORW020) CRY CLERK���
WAOR-41737
September 5, 2014
CERTIFIED MAIL - Return Receipt No. 7012 1010 0001 4374 0298
Dan McKeen
City Manager
City of Port Angeles
321 East Fifth Street
Port Angeles, Washington 98362-0217
Dear Mr. McKeen:
This letter is sent to provide a temporary means for continued use of the Bureau of Land
Management(BLM) administered federal lands on Ediz Hook by the City of Port Angeles (City)
while the BLM completes processing of the City's new lease application, serialized as
WAOR-41737. Because the current Coast Guard lease has expired, a need exists to allow
continued interim use by the City until the new BLM lease is in place. A summary of the current
situation is listed in the bullet points below. If the City agrees to the plan of action described in
this letter, please acknowledge such by signing and dating where indicated below, and returning
the signed original copy of this letter to the BLM.
• The City of Port Angeles currently leases certain lands from the United States situated on
the middle portion of Ediz Hook, or particularly described in the enclosed Coast Guard
lease document#DTCG89-96-S-24-AAH (formerly #DOT CG13-4811-72). Said lease
was most recently amended on June 10, 2002, and expired on June 30, 2014.
• Approximately 3.76 acres of the premises described in said lease was conveyed to the
Lower Elwha Klallam Tribe via Section 161 of Public Law 108-007, the "Consolidated
Appropriations Resolution, 2003," and is no longer subject to the lease. The current lease
premises comprise 16.91 acres, more or less.
• Under the provisions of Section 6(a) of Public Law 102-495, (106 Stat. 3177) dated
October 24, 1992, and as amended by P.L. 108-007, the Secretary of the Interior was
directed to issue a 99-year lease to the City of Port Angeles, for certain federal lands
located on Ediz Hook, using the provisions of the Recreation and Public Purpose (R&PP)
Act(Act of June 14, 1926, as amended (43 U.S.C. 869)).
• Pursuant to the Act of June 14, 1926, as amended, the City of Port Angeles has filed an
R&PP lease application with the BLM Wenatchee Field Office for the BLM administered
lands on Ediz Hook. Said application is serialized as WAOR-41737.
• The BLM is currently processing the City's R&PP application, but was unable to
complete its work and issue a lease to the City of Port Angeles before the Coast Guard
lease expired on June 30, 2014.
Based on the above, the Bureau of Land Management and the City of Port Angeles mutually
acknowledge that they will continue to implement all provisions of the expired Coast Guard
lease until June 30, 1915, or until the new BLM R&PP lease is issued, whichever occurs first.
Further, the City agrees that except for routine maintenance of existing improvements and
necessary emergency actions taken in response to weather events, natural disasters, or accidents,
no activities causing new surface disturbance to the lease premises shall occur unless prior
written approval is given by the BLM Wenatchee Field Manager. In the case of surface
disturbing actions taken to respond to emergencies, the City shall promptly notify the BLM
Wenatchee Field Manager. The BLM's administration of the lease during this interim period
will not deviate from lease oversight that has occurred over the past several years.
Sincerely,
Linda Coates-Markle
Field Manger
Enclosure
Manager, City of Port Angeles Date
r'NT OF
United States Department of the Interior
BUREAU BUREAU OI I..1Nl) \1ANA(:EMENT
�R0" 3 '$ Spokane District.
Wenatchee Field Office
IN REPLY ar.rrR TO 915 Walla Walla Avenue
Wenatchee, Washington 98801
2912 (ORW020)
WAOR-41737
September 5, 2014
Dan McKeen
City Manager
City of Port Angeles
321 East Fifth Street
Port Angeles, Washington 98362-0217
Modification
A letter was sent to you, dated September 5, 2014, stating "the Bureau of Land Management and the
City of Port Angeles mutually acknowledge that they will continue to implement all provisions of the
expired Coast Guard lease until June 30, 1915". This date is incorrect. The correct date should be June
30, 2015. A copy of the second page with the corrected date is enclosed. Please replace the second
page with the enclosed revised page before signing, dating and returning it to our office.
If you have any questions, please email Brenda Woods, Realty Specialist, bwoods@blm.gov or call (509)
665-2116.
Sincerely,
Lin a Coates-Markle
Field Manager
Enclosure
• Located on Ediz Hook, using the provisions of the Recreation and Public Purpose
(R&PP) Act (Act of June 14, 1926, as amended (43 U.S.C. 869)).
• Pursuant to the Act of June 14, 1926, as amended, the City of Port Angeles has filed an
R&PP lease application with the BLM Wenatchee Field Office for the BLM administered
lands on Ediz Hook. Said application is serialized as WAOR-41737.
• The BLM is currently processing the City's R&PP application,but was unable to
complete its work and issue a lease to the City of Port Angeles before the Coast Guard
lease expired on June 30, 2014.
Based on the above, the Bureau of Land Management and the City of Port Angeles mutually
acknowledge that they will continue to implement all provisions of the expired Coast Guard
lease until June 30, 2015, or until the new BLM R&PP lease is issued, whichever occurs first.
Further, the City agrees that except for routine maintenance of existing improvements and
necessary emergency actions taken in response to weather events, natural disasters, or accidents,
no activities causing new surface disturbance to the lease premises shall occur unless prior
written approval is given by the BLM Wenatchee Field Manager. In the case of surface
disturbing actions taken to respond to emergencies, the City shall promptly notify the BLM
Wenatchee Field Manager. The BLM's administration of the lease during this interim period
will not deviate from lease oversight that has occurred over the past several years.
Sincerely,
Linda Coates-Markle
Field Manger
Enclosure
Manager, City of Port Angeles Date
DTCG89-96-L-S-24-AAH
Modification(Amendment)Number THREE
to
Lease DTCG89-96-L-S-24-AAH
between
the United States Coast Guard
and
the City of Port Angeles,Washington
WHEREAS,the UNITED STATES OF AMERICA,acting by and through the UNITED
STATES COAST GUARD, Commander(sr),Maintenance and Logistic Command Pacific
(hereafter called the "GOVERNMENT"), and the CITY OF PORT ANGELES (hereinafter called
the"LESSEE") entered on the 4th day of April 1972, and as modified on the 1 st day of July
1982, and on the 8th day of July 1996; into a Lease for the LESSEE'S use of a parcel of land
containing 20.68 acres,more or less, at Ediz Hook,Clallam County,Washington; and
WHEREAS,the GOVERNMENT has found that said Lease needs to be modified to provide
notice of hazards associated with its operations on property adjacent to, and protect its interests
in,the leased premises;
NOW,therefore the Lease is hereby modified in the following particulars:
1. ADD Clause 12:
12. NOTICE OF POTENTIAL HAZARDS:
a. The following,but not specifically limited to,hazards may be associated with the
GOVERNMENT'S operations at Coast Guard Air Station Port Angeles, Washington
above, on, and adjacent to, the leased premises used by the LESSEE on Ediz Hook:
(1)Rotary-wing and fixed-wing aircraft operations emitting loud noises. When rotary-
and fixed-wing aircraft are operating,dust and other debris may be hurled through the air
posing a danger of personal injury and property damage.
(2)High power electronic transmitting devices that emit electromagnetic(radio)waves
of various frequencies.
(3)High winds,rain, and other harsh environmental conditions. Roads and pathways
may not be clear or only partially cleared for extended periods of time. When present,
these conditions may make walking,driving,or bicycle riding very dangerous.
b. The use of the described,or similar, devices and the hazardous conditions and
facilities in the vicinity, or along the access routes to,the premises are dictated by the
weather conditions, GOVERNMENT operational requirements, and safety concerns.
c. Their use cannot be delayed or otherwise affected because of the LESSEE'S use of the
premises.
d. The LESSEE shall notify its officers, employees, contractors, agents,guests, sub-
lessees, and any participants in its activities of the potential hazards."
ORIGINAL 1
r
DTC G89-96-L-S-24-AAH
2. ADD Clause 13:
"13. NAVIGABLE AIRSPACE OBSTRUCTION STANDARDS:
a. The LESSEE'S use of the leased premises are subject to the navigable airspace
obstruction standards established by the Federal Aviation Administration(FAA),
commonly known as the"Federal Aviation Regulations,"which can be found in Part 77
of Title 14 of the Code of Federal Regulations(14 CFR 77),as amended; and in FAA
"Advisory Circulars." Said FAA regulations and circulars,including subsequent
amendments and editions,are incorporated herein by reference.
b. The LESSEE shall not construct,place,install,nor allow to be constructed,placed,or
installed,any building, structure,or other object that interferes, obstructs,or otherwise
creates a hazard to air navigation for the GOVERNMENT'S Runway 07/25 at Coast
Guard Air Station Port Angeles,located adjacent to the leased premises on Ediz Hook.
c. The GOVERNMENT shall have the final determination as to what constitutes a
hazard to air navigation.
3. All other terms and conditions of this Lease shall remain in full force and effect.
4. This Modification is effective upon execution by the GOVERNMENT.
UNITED STATES OF AMERICA
UNITED STATES COAST GUARD
Ia �y�, dOCbz�
D TE SHERRY S IRI-EY
Chief,Real Property Branch
Maintenance and Logistics Command Pacific
ORIGINAL
2