RES NO 11-02-2016 CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 1/-,7,-2016
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, A RESOLUTION TO BE ENTITLED:
A RESOLUTION APPROVING A LEASE AGREEMENT OF
THE MARINA TO RIVERLIGHTS MARINA, LLC.
WHEREAS, the previous lessee of the marina, Jay Stringfellow transferred his interest in the
lease of the marina to Riverlights Marina, LLC; and
WHEREAS, that Riverlights Marina, LLC desires to enter into an updated lease agreement with
the City; and
WHEREAS, the City Council believes it to be in the best interest of the City and its citizens to
execute an updated lease agreement with Riverlights Marina, LLC.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VAN BUREN,ARKANSAS, THAT:
SECTION 1: The Mayor is authorized to execute the attached lease agreement with Riverlights
Marina, LLC for the City's property upon which the marina is located.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of (9 for and U against, the foregoing Resolution at its
regular meeting held on the 14th day of November 2 ..
Robert D. Free .
Mayor
ATTESTED: APda,"' ! E 1 • S TO FORM:
Wall l n7�a�cz ►i_��1�11
Phyl is • *ce e e
City Clerk/Treasurer City Attorney
LEASE AGREEMENT
This Lease Agreement entered into this day of , 2016,
•
between the City of Van Buren, Arkansas (hereinafter referred to as("Lessor")
and RIVERLIGHTS MARINA, LLC (hereinafter referred to as "Lessee").
1. In consideration of the obligation of the Lessee to pay rent and of the other terms,
covenants and conditions hereof, Lessor leases to Lessee, and Lessee takes from
Lessor, the leased premises consisting of the following described property lying
and being situated in Crawford County,Arkansas,to-wit:
Part of the Southwest Quarter(SW 1/4) of the Northeast Quarter(NE 1/4)
and part of the East Half (E 1/2) of the Northwest Quarter (NW 1/4),
Section Twenty-five, Township Nine (9) North, Range Thirty-two (32)
West described as being all that land lying between Water Street in the
City of Van Buren, Arkansas, and the Arkansas River Extending from an
extended line of the Northwest side of Washington Street southeastward
to an extended line of the Southeast side of Broad Street. Said land
fronting on the Arkansas River.
2. Lessee agrees to accept the property, improvements and equipment on or in the
leased premises in their existing condition. In no event shall the Lessor be liable for
any defect in such property or for any limitation on its use.
3. It is understood and agreed that the Lessee shall use the leased premises for the
purpose of operating a marina and for any other related activities to serve marina
customers and park visitors. Lessee shall not conduct or allow any unlawful
activities to occur upon the leased premises.
4. Lessee understands and acknowledges that the Lessor has previously established
upon the leased premises a public outdoor recreation area known as Riverfront Park
and accepts its existence and continued operation as a public outdoor recreation
area. The Lessor hereby reserves full and free access to and across the Riverfront
Park and Lessee agrees that the operation of its business upon the leased premises
shall not be conducted in a manner which will be incompatible with the usefulness
and enjoyment of the Riverfront Park as a recreation area for the general public.
5. Lessee agrees that in the operation of its business upon the leased premises, it will
comply with all rules and regulations of the Corps of Engineers, Coast Guard,
Pollution Control and Ecology Commission as well as the rules, regulations and
Ordinances of the City of Van Buren, Arkansas, and Crawford County and laws of
the State ofArkansas. Lessee further agrees that Lessee shall not cause or permit
the storage, release or disposal of any hazardous substances, wastes, or materials,
or any medical, special or infectious wastes, on or about the Premises and shall
comply with all applicable environmental laws. Lessee shall indemnify and hold
Landlord harmless from and against any and all claims, damages or liabilities
(whether or not caused by negligence), including civil or criminal fines arising out
of or relating to any of the following: (a) any generation, processing, handling,
transportation, storage,treatment or disposal of solid waste or hazardous substances
by Lessee, including, but not limited to, any of such activities occurring on the
Premises; and (b) any releases by Lessee of hazardous substances the extent
occurring or existing on or after the Commencement Date,including,but not limited
to, such releases onto land, ground water, surface water, or into the air.
6. Lessee agrees that it shall provide the services and facilities of its business on the
premises to the general public in an open and fair manner and shall not
discriminate against any person on the basis of race, creed, color, sex, age or
disability.
7. The duration of this Lease shall be for a term of three (3)years, beginning on the
day of 2016, until the dayof 2016
with the provision that the Lessor may, at its option, andinaddition to
other grounds provided herein,terminate this Lease if,in the opinion of the Lessor,
Lessee has not made sufficient progress on the proposed marina improvements set
out in paragraph #19 herein below and on the attached list. At the expiration of
the initial term of three (3)years,the parties may renew and renegotiate the terms
of this Lease upon the desire of both parties to do so.
Further, during the first year of the term of this Lease, the Lessee shall have the
option, upon ninety (90) days written notice given to the Lessor, to terminate this
Lease without penalty, however, any improvements made by the Lessee to the
leased premises prior to such termination, shall remain a part of the leased
premises and shall remain thereupon. The one year limitation on the exercise of
this election to terminate shall be applied to the date of notice of election to the
Lessor rather than the date of termination.
8. As compensation for the granting of this Lease, the Lessee agrees to pay to the
Lessor, and Lessor agrees to accept the amount of$1,200.00 per year. The annual
lease payments shall be due on the fifteenth day after the anniversary date of the
execution of this Lease and shall be either delivered or mailed to the Van Buren
City Clerk at 1003 Broadway, Van Buren, Arkansas 72956.
9. Lessee may charge reasonable rates for services provided and goods sold in
connection with the marina operation as well as collect rents from any approved
sub-lessees.
10. Lessee agrees that it will suffer no lien to be placed upon the leased premises or
improvements thereon, for material or labor. In the event of any such liens, the
City shall have the right to pay the same or, at its option, to terminate this Lease
immediately.
11. In the event Lessee makes any improvements or alterations on the leased premises,
its buildings, boat slips or other structures, the same must first be approved as to
material and design by the Lessor.
12. Lessee shall be responsible for the payment of any taxes and assessments on
personal property located within or upon the leased property.
13. It shall be the Lessee's obligation to carry insurance on Lessee's merchandise,
furnishings and all other items of personal property of Lessee located or within the
leased premises. Lessee shall maintain a policy or policies of comprehensive
general liability insurance with the premiums thereon fully paid on or before due
date, issued by and binding upon some insurance company approved by Lessor,
such insurance to afford minimum protection of not less than $1,000,000
combined single limit coverage of bodily injury,property damage or combination
thereof. Lessor shall be listed an additional insured on Lessee's policy or policies
of comprehensive general liability insurance,and Lessee shall provide Lessor with
current certificates of Insurance evidencing Lessee's compliance with this
Paragraph. Lessee shall obtain the agreement of Lessee's insurers to notify Lessor
that a policy is due to expire at least(10) days prior to such expiration.
14. Lessee shall pay or cause to be paid all utilities, including electrical, gas,
telephone,water, cable service, and any other utility service used in or rendered or
supplied to the leased premises and to indemnify the Lessor and save Lessor
harmless against any liability or damages on such account.
15. Lessee agrees to assist the Lessor in providing security for the Riverfront Park
Property.
16. Lessee agrees to maintain the Leased Premises and all improvements thereon in a
state of good appearance and working order.
17. Lessee has represented to the Lessor the intention to make certain repairs and
improvements to the existing marina and the Lessor is relying on those
representations in the granting of this Lease and Lessor's acceptance of the above
stated lease payments. The proposed repairs and improvements are set out on the
attached list. Failure of the Lessee,in the opinion of the Lessor,to make sufficient
progress toward the completion of said repairs and improvements
shall be grounds for termination of the Lease as set forth in Paragraph 7 herein.
18. This Lease Agreement can be assigned by the Lessee with the written approval of
the Lessor, and the Lessor shall not unreasonably withhold its consent to such
assignment.The assignment of this Lease Agreement without the prior approval
of the Lessor in writing shall, at the option of the Lessor, immediately void this
Lease Agreement, and upon the exercise of said option to cancel, all rights of
Lessee and his assignees hereunder shall immediately cease and terminate.
19. If by reason of any default by the Lessee or upon other termination of this Lease
Agreement at the election of the Lessor prior to the stated expiration date, or
at the election of the Lessee as set out in paragraph #7 above herein, the Lessor
may enter into a new lease of the leased premises, or a portion thereof, with the
Sub-lessee, for the remainder of the term of the then existing sub-lease, and
subject to the same terms and conditions as contained in the sub-lease.
20. Lessee hereby indemnifies, and shall hold Lessor harmless from and against all
liabilities, losses, claims, demands, costs, expenses, liens, and judgments of any
nature arising, or alleged to arise, from or in connection with (a) injury to, or
death of, any person or loss or damage to property on or about the leased
premises or any adjoining property arising from or connected with the use of the
leased premises by Lessee, or Sub-lessee, during the term of this Lease, or (b)
performance of any labor or services or the furnishings of any materials or other
property in respect to the leased premises or any part thereof, by or at the
request of Lessee.
21. Lessee may sub-lease a portion of the lease premises provided the Lessor first
approves the sub-lessee and the occupation or activity to be conducted thereon.
Said approval shall be by written consent provided by the Lessor to the Lessee.
Any attempt by the Lessee to sub-let any portion of the leased premises without
the prior approval of the Lessor in writing shall, at the option of the Lessor,
immediately void this Lease Agreement, and upon the exercise of said option to
cancel,all rights of Lessee and his sub-lessees hereunder shall immediately cease
and terminate.
22.If the leased premises shall be deserted or vacated, or if proceedings
are commenced against the Lessee in any court under a bankruptcy act
or for the appointment of a trustee or receiver of the Lessee's property
either before or after the commencement of the lease term, or if there
shall be a default in the payment of rent or any part thereof, or if there
shall be default in the performance of any other covenant, agreement,
condition,rule, or regulation herein contained or hereafter established,
on the part of the Lessee, or should the Lessor determine that Lessee
has not made sufficient progress on the proposed marina improvements
pursuant to Paragraphs 7 and 19 of this Lease., the Lessor shall have
the right to terminate this Lease by giving 10 days written notice of
Lessor's election to terminate the Lease. The Lease shall thereupon
become null and void, and the Lessor shall have the right to reenter or
repossess the leased premises dispossess and remove therefrom the
Lessee, or other occupants thereof; and their effects, without being
liable therefore. In such case, the Lessor may, at its option, relet the
leased premises or any parttheieof, as the al- . , . : the------ -----
Lessee shall pay the Lessor the difference between the rent to be paid
for the term remaining at the time of reentry or repossession and the
amount, if any,received or to be received under such reletting for such
remaining term. Upon termination of this Lease, either due to the
default of the Lessee, to the election of the Lessee as set out in
paragraph#7 above herein, or to the expiration of the term of the Lease
Agreement, all improvements made upon and attached to the leased
premises shall remain thereupon and become the property ofthe Lessor.
23.Upon any default by Lessee, Lessee shall pay Lessor all expenses in
connection with such default, including, without limitation, all
repossession costs, alteration costs and expenses of preparation or
reletting. In the event either party hereto brings or commences legal
proceedings to enforce any of the terms of this Lease, the successful
party shall then be entitled to receive from the other party a
reasonable sum as attorney's fees and costs, to be fixed by the court
in the same action.
24.This Lease shall supersede and substitute for any previous leases or
permits previously granted by the Lessor to any party.
25. This Lease Agreement shall be binding upon the Lessor and the Lessee and
upon any assigns, successors or heirs of the Lessee.
26. The law of the State of Arkansas shall govern the construction and interpretation
of this Agreement.
27. If any provisions of this Agreement shall contravene or be invalid under the
laws of the State of Arkansas, such contravention or invalidity shall not
invalidate the entire Agreement, but it shall be construed as if not containing
the particular provision or provisions held to be invalid, and the rights and
obligations of the parties shall be construed and enforced accordingly.
28. The failure of Lessor or Lessee to seek redress for violation, or to insist upon
strict performance of any covenant or condition of this Lease, shall not prevent
a subsequent act, which would have originally constituted a violation, from
having all the force and effect of an original violation. The receipt by Lessor of
rent with knowledge of the breach of any covenant of this Lease shall not be
deemed a waiver of such breach. No provision of this Lease shall be deemed to
have been waived by Lessor or Lessee unless such waiver is in writing signed
by Lessor or Lessee, as the case may be.
29. Any notice, consent, request, claim or other communication hereunder shall be
in writing and shall be deemed to have been duly given if delivered or mailed
by regular mail to the address shown for the respective parties at the conclusion
of this Lease. Such address may be changed by any party by notice given in the
manner provided above.
30. This Lease and the attachment contains all the terms and conditions agreed upon
by the parties hereto with respect to the transactions contemplated hereby, and
shall not be amended or modified except by written instrument signed by all of
the parties.
CITY OF VAN BUREN,ARKANSAS RIVER LIGHTS MARINA
MAYOR BOB FREEMAN JAMES JOHNSON,III,Individually
and as Managing Member of River
Lights Marina
ADDRESS FOR NOTICES:
CITY OF VAN BUREN,AR RIVER LIGHTS MARINA
1003 Broadway
Van Buren,AR 72956
Approved by the City Council by Resolution Number on the
day of ,2016.
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Riverlights Marina Project Narrative
July 2016
- — -- Project--Manager:Ja es R r„hnso,,4II ---- -- -- — ------
President, Riverlights Marina, LLC
449235 Hwy 100
Vian, OK 74962
Phone: 918-705-1514
1. Need
The Van Buren/Ft Smith, Arkansas area, of the Arkansas River, is a natural site for the
development of recreational boating activities. The Arkansas River has been described as
one of the most scenic navigable rivers in America, it remains a regional treasure. It
enjoys historic importance as a commercial waterway in moving raw materials and
manufactured goods to and from the New Orleans seaport(McClellan-Kerr Arkansas
River Navigation System).
The present grant application would, if approved, enable the area to accommodate larger
non-trailerable boats consistent with the waterway needs envisioned by the U. S Corp of
Engineers and the Boating Infrastructure Grant program.
Riverlights Marina, LLC is seeking regulatory approvals to rehabilitate and reconfigure
the previously existing marina site in Van Buren, Arkansas. The Marina is located on the
Arkansas River in historic Van Buren Arkansas. The former"Wildcat Marina" was
constructed beginning in 2010 and operated until it was completely destroyed by the
Arkansas River floods of 2014 and 2015. No marina has been available to boaters since
that date.
2. Objective
Riverlights Marina, LLC will construct Phase I of a permanent docking facility for up to
60 vessels of over 26 feet each and two service docks at the Riverlights Marina.
Additionally, a smaller dock for other recreational boats will be available. Riverlights
Marina, in its Phase I development, will provide floating docks with a refueling facility,
1
electrical hookups, sewage pumpout, water, security lighting,video surveillance, signage,
and links to local ground transportation. This project will give the non-trailerable boats
on the Arkansas River a destination in a reasonably full-service and tourism based town
with land transportation available for disembarked boaters.
Restaurants, motel, laundromat, hardware store, a cash machine and bank, and a
convenience store are less than a half-mile from the Riverlights Marina location. The Van
Buren Historic Site is approximately one half-mile away and is reachable by foot.
3. Expected Results & Benefits
Riverlights Marina will add needed services and docking capacity to this section of the
Arkansas River. Presently, there are virtually no services in this area of the Arkansas
River.
The nearest marinas of any size are located over 30 miles distant from the Riverlights'
location(Applegate Marina on Kerr Lake in Oklahoma and Russellville Marina on Lake
Dardenelle in Arkansas). In summary,the Riverlights Marina will be a needed addition
to this section of the Arkansas. The Phase I slips to be constructed at Riverlights Marina
will provide a benefit to boaters,the communities of Van Buren and Ft. Smith Arkansas,
and surrounding area.
Van Buren and Ft Smith host numerous events that attracts visitors from the surrounding
area. With the addition of the Riverlights Marina,the economic benefit to the community
will be greatly enhanced. Local and more distant boaters will find it easy to dock at the
Marina for the day or overnight and enjoy the area. This will serve as an introduction to
Riverlights Marina will encourage return visits and enjoyment of other nearby attractions.
While the marina will be privately operated, it will bring a number of new jobs to the area
in a) direct employment and b) indirect employment of various service providers to the
marinas operation. Expanded use of the City of Van Buren's tourist area is obvious and
the economic impact to the City should be very positive. The new marina should add a
renewed level of public waterway use and leisure/fishing activity to the area.
4. Approach
In association with the City of Van Buren and the U. S Corp of Engineers, Riverlights
Marina, LLC has undertaken to reopen the marina via the repair and renovation of the
former site as follows:
Phase I
Proposed Repair and Renovation
Proposed repairs and renovations to bring the marina to a point of being"open for
business"involves:
2
1) Recovery of Three (3)the existing boat slip docks and two (2) service buildings
2) Renovation and repair of those structures (includes new floats, steel framing, roofing
and flooring).
3) Adding three (3)new 10 unit boat slip docks.
4) Adding five(5)new walkways.
5) Repair and renovation of the above ground fuel bunkers (includes pumps, lining and
fittings).
6) Repair and renovation of waste water treatment facilities (includes new pumps,
linings and renovation of the transfer units).
7) Renovation of the marina shoreline,parking areas and boat launch ramp.
8) Various permitting and administrative functions
Phase I's general scope of work is currently underway. Existing structures and docks
have been recovered and refloated. Renovation is beginning that includes new floats,
reframing of the service buildings and dock structures, flooring replacement, new
roofing and the addition of new walkways. To improve flood survival, new concrete
reinforced piles will be added by the crane mounted barge using a vibratory hammer to
minimize noise and environmental impacts. For further protection of moored vessels, a
debris deflection boom will be placed upstream of the docks.
Local businesses will be encouraged to donate specific items, with advertising
("Electrical outlet service provided by...")to credit their participation. The Phase I
Marina will make use of existing restroom facilities, but those restrooms will be upgraded
to ADA accessibility. Since the existing restrooms will be separated from the dockage
area by grass, the proposed grant would pave a path from the dock area to the restrooms
and showers. Concession arrangements and events with local businesses are planned as a
means of providing community involvement.
Security will be provided via video surveillance. Dusk to dawn lighting will provide
additional security. When opened,the Marina will be staffed 24/7. During times when
staff is off-site, telephone contact(as indicated by the signage)will provide prompt
services from local police. Secondary services, such as restaurants, hotels and car rental,
will be available per reservation. In addition to concession phone numbers, the signage
will direct boaters to locations of interest, including the nearby hiking, historic areas and
parks.
Several innovative techniques will be employed to foster awareness and encourage use of
the Riverlights Marina. In addition to routine publicity techniques (press release, grand
opening announcements, web page and social media launch),the managers of Riverlights
Marina will offer a) discounts from a local merchant(restaurant, hardware store, etc.) and
b) opportunity for businesses to purchase advertising space on the docks.
Additionally and not part of this Grant application, Riverlights Marina will expand its
operations in phases beginning 2017.
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Phase II
Proposed Marina Expansion
Rehabilitation of the marina includes reconfiguring current access points to facilitate
future improvements as follows:
1) Reconfiguring and dredging of the expansion area(See Map attached).
2) Adding new access driveways and walkways.
3) Adding six(6)new 10 unit boat slip docks.
4) Adding new walkways.
Part B's general scope of work is planned for 2017. New walkways and docks will be
added. The existing breakwater will be reengineered and expanded to allow greater
access and flood survival to the entire marina.
Total budgeted cost of Part B is $300,000 and includes actual cash outlays for
engineering, labor, materials and administration costs.
Phase III
Future Marina Expansion
The leadership of the City of Van Buren has expressed its interest in seeing the Marina
expand to include family style entertainment(waterslides, ropewalks and wireline rides).
This planned expansion would attach to the City Park immediately west of the marina
location.
5. Location
The project location is 300 S 1st Street,Van Buren, AR and is approximately N 35° 25.21'
W 94° 24.84'. See Maps attached.
6. Estimated Costs
Total budgeted cost of Phase I is $350,000 and includes actual cash outlays for labor and
materials,permitting and administrative costs. Cash outlays are being funded by
Riverlights, LLC ownership. A detail budget and time-line are available on request.
7. Fees
Consistent with other Arkansas River boating facilities with similar amenities,
Riverlights Marina will initially charge an annual rate for moorage based on the slip size.
Use of the pumpout facilities will cost$25.00 per event, also comparable to other
facilities in the area. The fees are subject to re-evaluation as market conditions change.
The dockage,pumpout, and electrical service fees will be separated from revenue from
other concession services. All revenues generated from the use of the Marina will be used
for the operation and maintenance of the Marina.
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8. Summary
Per CFR Title 50, Section 86.60,the Riverlights Marina Phase I Project meets most of the
criteria for ranking projects. The following narrative provides a summary of how the
proposal meets each criterion.
a. Plan to construct,renovate, and maintain tie-up facilities for transient nontrailerable
recreational vessels.
The tie-up facilities proposed under this application will be appropriate for and available
to nontrailerable recreational vessels of at least 26'in length.
b. Provide for public/private and public/public partnership efforts to develop, renovate,
and maintain tie-up facilities. These partners must be other than the Service and the lead
State agency.
This project will entail partnerships with the U S Corp of Engineers and the City of Van
Buren.
Local businesses have indicated willingness to at least consider paying for parts of the
Marina facilities (electrical outlets, benches, etc.) in exchange for name recognition. The
Marina will offer discounts on dockage fees upon presentation of same-day receipts from
local merchants. The Marina will offer referrals to rental automobiles to encourage visits
to Van Buren/Ft Smith area and other attractions outside.
c. Use innovative techniques to increase the availability of tie-up facilities for transient
nontrailerable recreational vessels (includes education/information).
In addition to publicity techniques (press release, grand opening announcements,
brochure mailout, web page launch), the managers of the Riverlights Marina will offer:
Discounts on transient and other fees, upon presentation of a receipt for a minimum
amount from a local merchant(restaurant, hotels, etc.)for the dates of the transient stay.
Coupons for a free night's dockage. These will be offered to area boat clubs as an
"introduction"of the Riverlights Marina to area boaters.
Opportunity for businesses to purchase equipment for the Marina in exchange for
recognition via a "donated by"plaque.
Opportunity for businesses to purchase advertising space on the docks.
d. Include private, local, or other State funds in addition to the non-Federal match.
Not used.
5
e. Proposal is cost efficient.
This proposal is cost efficient in that it will be located adjacent to an existing park and
recreational trail, boat launch ramp, and parking area. Existing restrooms at the park
will be utilized, along with other playground equipment that would be of interest to
children arriving by boat. It will be easy for disembarking boaters to stretch their legs
and find other diversions in the park.
f. Provide a significant link to prominent destination way points
The Arkansas River has been described as one of the most scenic navigable rivers in
America, it remains a regional treasure. It enjoys historic importance as a commercial
waterway in moving raw materials and manufactured goods to and from the New
Orleans seaport (McClellan-Kerr Arkansas River Navigation System). Van Buren AR is
a national historic site and immediately adjoins the marina location.
g. Provide access to recreational,historic, cultural, natural, or scenic opportunities of
national, regional, or local significance.
See"f'
h. Provide significant positive economic impacts to a community.
The Riverlights Marina Phase I Project will have a significant positive economic impact
on the community of Van Buren/Ft Smith Arkansas. Van Buren and Ft Smith host
numerous events that attracts visitors from the surrounding area and states. With the
addition of the Riverlights Marina, the economic benefit to the community will be greatly
enhanced Local and more distant boaters will find it easy to dock at the Marina for the
day or overnight and enjoy the area. This will serve as an introduction to Riverlights
Marina will encourage return visits and enjoyment of other nearby attractions.
While the marina will be privately operated, it will bring a number of new jobs to the
area in a) direct employment and b) indirect employment of various service providers to
the marinas operation. Expanded use of the City of Van Buren's tourist area is obvious
and the economic impact to the City should be very positive. The new marina should add
a renewed level of public waterway use and leisure/fishing activity to the area.
i. Include multi-state efforts that result in coordinating location of tie-up facilities.
The Riverlights Marina has, during the initial planning phase, been in contact with
boating interests in Oklahoma and Arkansas. In addition to publicizing facilities
available on the River, there is potential for developing a system of referrals in cases of
"no vacancy"at one marina or the other located on the Arkansas River.
6
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jT Op DEPARTMENT OF THE ARMY
4Q% ' LITTLE ROCK DISTRICT,CORPS OF ENGINEERS
jai iv)
h POST OFFICE BOX 867
LITTLE ROCK,ARKANSAS 72203-0867
\\`;;, /� www.swl.usace.army.mil
'.sra,o r'
AUG 1 B 266
Regulatory Division
STANDARD PERMIT MODIFICATION NO. 1971-00345-12
Mr.James Johnson
River Lights Marina,LLC
449235 Highway 100
Vian, Oklahoma 74962
Dear Mr. Johnson:
Please refer to your letter dated June 29,2016,requesting that a Department of the Army
(DA)permit be transferred to River Lights Marina,with you as the new owner. Under authority
of Section 404 of the Clean Water Act(33 U.S. Code 1344)and Section 10 of the Rivers and
Harbors Act of 1899 (33 U.S. Code 403),this permit is hereby transferred and authorizes the
continued operation and maintenance is located on the left descendg marina, ing bank of the Arkansasing maintenance River,
g
within the marina area. The project
Navigation Mile 300.5, in Van Buren, Crawford County,Arkansas.
Please note that our administrative record indicates that the referenced marina has been
known as Captain J's Marina, Goose Harbor Marina,Emerald Cove Marina,Wildcat Marina,
and now River Lights Marina. In 2009,DA Standard Permit Modification No. 1971-00345-11
was issued to Mr.Frank Bailey, as the owner of Wildcat Marina. In 2013,Regulatory Division
staff met with Dr. Jay Stringfellow, as the owner of Wildcat Marina at that time. Dr.
Stringfellow has provided a written statement that you are now the owner of this marina.
This letter becomes a part of and should be attached to your original permit.
The facility shall be maintained as described in the permit. It is your responsibility to
understand and comply with the conditions of the permit and to make your employees or agents
involved in the operation continuously aware of the permit conditions. If changes are proposed
in the design or location of the facility,you are required by law to submit revised plans to the
District Engineer for approval before construction of the change is begun.
All conditions of the original permit remain in effect. It is your responsibility and extremely
important that you understand and comply with all of the conditions of the permit and that you
make any of your employees or agents involved in this operation continuously aware of the
permit conditions.
Enclosed are copies of DA Permit No. 1971-00345-10 and Standard Permit Modification No.
1971-00345-11. Please note Special Conditions 1 through 4 of the permit. The facility is
•
-2-
currently in non-compliance with the permit. In December 2015,the anchorage failed and the
facility was damaged during flood events. The Corps will continue to communicate with you
concerning appropriate anchorage and how to ensure the structure shall not cause unreasonable
obstruction to the free navigation of the navigable waters. This permit transfer does not relieve
you of prompt resolution of non-compliance issues.
Please furnish a response to this letter within the next 30 days explaining your proposed
actions and timetable for correcting non-compliance issues.
If you have any questions,please contact Christopher G.Davies,Project Manager, at(501)
340-1373 and refer to DA Permit No. 1971-00345-12.
Sincerely,
M. Elaine Edwards
Chief,Regulatory Division
Enclosures
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
cc:
Proj Mgr,Russellville PO,w/cy permit
Ch,Regulatory Enf,w/cy permit
Ch,Real Est Div(Tract No. 213E),w/cy permit
Arkansas Commissioner of State Lands,w/cy permit
GIS Coordinator,Mr. William Penn,w/cy permit