The URL can be used to link to this page

Home My WebLink About5.301 Original Contract ~. J, rIlEDfQ" RLCURC:\.T TH!:RlCUEST "iF _fl.tJ",. (~~f L-_ "'fECQFiDt ~ Pf r 1 GI~lt; "/~l t~'...t :~H CO 2005 AUG 24 JH'l 8: 49 Filed at the Request of: ~ ~:~ ~:r~~s ~~~~s /1111111111111111 P. O. Box 1150 2005 1163470 ClaJ/am Port Angeles, W A 98362 County Interlocal Agreement City Clerk File No.: ~ 30 I Agreement between the City of Port Angeles and ~ D ~\n~~ ~cL...-~ '7d.'L ~ Purpose: G.-rn~"'~ --6 G.~~0\eu.:t- ~~~~-cl.lo.e ~~~ \ Dated: r.,bglo< \~(';)'1/()1 I I . . . ", .. .' . 5.801 .--,-). . . . . . " . ~ AMENDMENT TO AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND THE LOWER EL WHA KLALLAM TRIBE REGARDING EDIZ HOOK THE AGREEMENT entered into on August 11, 1992 between the CITY OF PORT ANGELES, a municipal corporation of the State of Washington (hereinafter "City") and the LOWER EL WHA KLALLAM TRIBE, a federally recognized Indian Tribal government (hereinafter "Tribe") in order to achieve mutual goals and to provide a framework for the relationship between the parties regarding the use ofEdiz Hook, Clallam County, State of Washington, is hereby amended as follows: RECITALS 1. Pursuant to In the event that the plop05ed Elwha River Ecosystem and Fisheries Restoration Act (hereinafter "EREFRA") become5 federal law , each party will be a le55e.e. of have an interest in portions of federal land on Ediz Hook within the boundaries of the City", fOl a term of ninety-nine. (99) yeal5 be.ginning JallUalY 1, 1994. 2. The lease and/or conveyance or other transfer into tribal trust to or for the Tribe will be accomplished isstted pursuant to the Act of June 14, 1926, as amended (43 U.S.c. 869). and EREFRA. or other applicable law: will be for the purpose of cultural heritage and economic development opportunities. such as constructing and operating a Tribal cultural facility (e.g. a longhouse or a museum) and/or a marina, and associated interpretative and parking facilities, subiect to approval of a specific development plan by the City: and will encompass: That parcel of land on Ediz Hook, Clallam County, Washington, lying south of the existing roadway and extending southward to the southern boundary ofthe land currently leased to the City of Port Angeles (Lease #DOT -CG 13- 4811-72, dated April 4, 1972, as amended) and be.ginning at the. NOl tl1 South line 200 reGt e.Mt oft11o WGstGlrl boundary of Outlot G and mnning e.M5tGIly GOO feet to the. NOlth-South line. JOO fed we5t of the ca5tcm boundary of Outlot G and beginning at the northwest comer of Outlot 6 thence 69 feet south along the west line of Outlot 6 to true point of beginning thence 331 feet south along said line to the southwest comer of Outlot 6 thence 1108 feet along the south boundary of Outlot 6 to the southwest comer of Outlot 7 thence 566 feet along the south boundary of Outlot 7 thence 416 feet north parallel to the east boundary of Outlot 7 thence 1670 feet west along the south pavement edge of Ediz Hook Rd to true point of beginning. Page I F ,\AGREEMENTS&CONTRACTS\ElwhaAgmt-EdlzHook .. . . ',....f . . . . . . ~~.. . . J. 3. The lease to the City will also be issued pursuant to the Act of June 14, 1926, (43 U.S.C. 869), and EREFRA and will encompass Outlots 4,5, and 6, except that portion of Outlot 6 leased and/or conveyed or otherwise transferred to the Tribe as described in Recital #2, and a portion of Outlot 7. 4. Both lessees the City and the Tribe will be subject to the general terms and conditions set out in their respective the lease agreements with the United States. Following negotiations with representatives ofthe United States, the Tribe agreed to the following additional lease conditions: A. the public shall have access to the beach along the south side ofthe parcel at all times; B. the City shall have the right to construct and maintain a waterfront trail and utilities adjacent to the existing roadway along the north side of the parcel; and C. parking facilities on the parcel shall be open to the public at all times during daylight hours. AGREEMENTS As soon as Section 6 of If the proposed Elwha River Ecosystem and Fisheries Restoration Act is implemented by the federal government becomes fedelal law, the undertakings and understandings between the parties regarding nse-oitheir respective leasehold interests shall be as follows: 1. In the interest of compatible and coordinated use of adjacent lands within the exterior boundaries of the City of Port Angeles, the Tribe agrees that any development of the property described in Recital #2 to exelcise its leasehold intelCst shall be subiect to approval of a specific development plan by the City,in compliance with the following oldinances, as codified in the Port Angeles Munie,jpal Code 011 the date this Ag! GClncnt is signed, tl tiC and COlI cet copies of which al e attached and inColpOlatcd hG!cin, to the Gxtent that these oldinanccs do not defeat 01 ale not inconsistent with the GOnstmction and opuation of a cultmal facility, such as a museum 01 longhouse, and/or malina. A. Constltlction Codes, Chap tel 14.01, 14.0J, 14.05, and 14.21 PAMC. D. Off-stIeet Palking, Chaptel 14.40 PAMC. C. Zoning, Title 17 r AMC. Page 2 F'\AGREEMENTS&CONTRACTS\ElwhaAgmt-EdlzHook .. . . . "'f/' " ,., . :"' D. Environment, Title. 15, fAMe. E. PirGworks, Chapter 5.32 fMfe. P. Nuisances, Chapter 8.04 fAMe. Z: The TIibc agrees to Gomply with amendments to the ordinances desGtibcd abo~e, as well as with new gGne!ally applicable ordinances which may bG adopted by thG City Counc.il in the futur G, only to thc extent that thc Cit}, Tribe, and See! eta! y onhG Interior agree that such ordinances 01 amendments should be applicable, to tl1, Tribe's lease of federal land on.Ddiz Hook. 3-:-2. The Tribe agrees to comply with the tease conditions set forth in Recitals #2 and #4. 4:3. The City agrees to provide utility services to the property leased by the Ttibe described in Recital #2 to the extent such services are available through existing infrastructure, or infrastructure which the City may construct in the future, provided that in receiving such utility services the Tribe shall be subject to, and comply with, City ordinances regulating the City's public utility services as set forth in Title 13 P AMC as well as the duly adopted policies of the Public Works and Light Utilities Department and all future amendments to such ordinances and policies. 5:4. The City agrees that parking on its parcel will be available to users of the Tribe's parcel at all times and that City fire, ambulance and other public safety services will be extended in accordance with City ordinances and policies. 6-:5. Both parties agree to work cooperatively to resolve any questions which may arise under this Agreement. 9-:6. This Agreement and the leases with the United States comprise the entire agreement between the parties. Both parties agree that this Agreement cannot be changed, modified, or amended in any respect except by written instrument signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed this r2~ay of <::;J 0 ~~ ~Qh ,2001. This Agreement is valid if signed in counterpart. Page 3 F \AGREEMENTS&CONTRACTS\ElwhaAgmt-EdlzHook .. ,t.. 9tI ~, ,.~ . " ... . CITY OF PORT ANGELES ATTEST: b (! ~~ )jptIiA Becky J. U n, . Clerk \\.~!.l rll \ ~ t~. H~r{,fl/,,' , ",,;.,,_\' {\'f {- PC /;"J ...'#(pvr ~\.', ':~"'~"~"'Q/11 '.~, ~: ,'-\ " ,\ 0,.('.10&,.. ~/ (... J- ..._v,...... ~" ""~. ~~"i>:e.t. ~ojI< .,.~ ......~" -<(:-!.!J,.." .:- ~i '~_7; C?~ H:!( Vf (~ '_ ~~ ~ l.'."r: f'( 17 \ "';. :~}.' ;;: ~~,.,,:'"ji',} ~',~ ~ .. >' ,~ .C _ .~.....: ~ {'"II -. ~', l~ -" ~(J; ...0 C'" j .:: ~ r.... 6~ ~. ;;'- r.JG '""'" : ,f~~, 'It' t4;G''''Q 1 ~/ :;;r;(lJt:t.-;J: "'fl .:..~':; ~I. f,.J;}I j (:l",,,,~...c--"" ~ \' \,,'... ,," ~ y r( \" / ~ i ~~ \ ,I ~4 ,iJ(" <:" I' I ~'i \3 ,,1'1'" 1I~,lt&b~HH~\\:~ i '>\-"\.t \ ~ ,: >>~ ,~,.ii' Page 4 F \AGREEMENTS&CONTRACTS\ElwhaAgmt-EdlzHook LOWER EL WHA KLALLAM TRIBE By:~(j(,~ Chairperson ~~.~\.~ Secretary/Treasurer