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HomeMy WebLinkAbout000598 Original ContractAGREEMENT Between The City of Port Angeles and Lower Elwha Klallam Tribe for transfer of the "Longhouse" 1 ity of Port Angeles Record #000598 This Agreement is entered into this q_ day of tA 2013 by and between the CITY OF PORT ANGELES "the City and THE LOWER LWHA KLALLAM TRIBE "LEKT a federally recognized Indian Tribe organized pursuant to the Indian Reorganization Act, 25 U.S.C. 476. RECITALS WHEREAS, the City has no longer has any use or purpose for the Longhouse located in Lincoln Park, identified on the attached map at 1943 West Lauridsen, Port Angeles, WA 98362, with dimensions of 98ft. by 60ft.(Longhouse); and WHERAS, the City authorized representative declared the Longhouse to be surplus to the needs of the City on 5/20/213 and authorized the disposal of Longhouse; and WHEREAS, the LEKT desires to remove the Longhouse from Lincoln Park without charge to the City and reuse the construction materials; WHEREAS, the City otherwise would have to pay to remove and dispose of the Longhouse, NOW, THEREFORE, in consideration of the mutual benefits derived by entering into this Agreement and for other good and valuable consideration, the City and LEKT agree as follows: 1. The LEKT will provide all the labor, materials, and equipment to remove the Longhouse at the LEKT's expense. The LEKT is solely responsible for all aspects of deconstructing and removing the Longhouse including transportation, equipment, and labor. 2. The LEKT will give the City five (5) business days written notice before it begins work on removing the Longhouse. The notice will be hand delivered or mailed via first class mail to Corey Delikat, 321 E Fifth St, Port Angeles, WA 98362. The LEKT will have 30 calendar days from beginning deconstruction to complete it. 3. The LEKT will have twelve (12) months from signing this Agreement to commence the deconstruction and removal of the Longhouse. 9. During the deconstruction and removal of the Longhouse, the City will maintain and secure the site separate from the public to ensure the safety and security of the Lincoln Park patrons. 10. The City will ensure that all utilities are disconnected from the Longhouse and that all conduit is removed from inside of the Longhouse prior to the LEKT's deconstruction. 11. The City will dispose of any material not needed or wanted by the LEKT in the most cost efficient manner up to $3000. Any amount over $3000 will be the responsibility of the LEKT. 12. After deconstruction, the City will ensure the site is safe for the public's use and enjoyment by ensuring the ground is even and level and all materials, equipment, and hazardous or dangerous objects are removed. The City will plant grass in the footprint of the Longhouse. 13. The City makes no representation or warranty about the condition or quality of the materials composing the Longhouse or about the suitability or fitness of the materials for any other use. CITY OF PORT ANGELES LOWER ELWHA KLALLAM TRIBE Mayor, Cherie Kidd Dated: O C.o Approv; as to form: Attest: ssa Hurd, City Clerk 2013. Tribal Chairperson, Frances G. Charles, or her designee Dated: i] 5 y 2013. Approved as to form: ;P/ William E. Bloor, City Attorney Stephen H. Suag4e, LEKT General Counsel 3