ORDINANCE No. 181482

Authorize the Submerged and Submersible Land Lease ML-10421 with the Department of State Lands and amend the related sublease with Macadam Bay Homeowners Association for land adjacent to Willamette Moorage (Ordinance; amend Contract No. 21004)

The City of Portland ordains:

Section 1. The Council finds:

1.  The City of Portland through its Bureau of Parks and Recreation (Parks) owns upland property known as Willamette Moorage, between the Willamette River and Macadam Avenue.

2.  Parks currently holds Submerged and Submersible Land Lease ML-10421 from the Department of State Lands (DSL) for approximately 4.46 acres of submersed or submergible land in the Willamette River adjacent to Willamette Moorage. This Submerged and Submersible Land Lease currently expires in 2013.

3.  Pursuant to Lease 21004 (Ordinance 154833), dated November 8, 1983, Parks has been leasing to Macadam Bay Homeowners Association, or its predecessors, the submerged DSL land as well as a portion of the upland City-owned property for their use as a houseboat moorage and accompanying parking lot.

4.  Several of the houseboats at Macadam Bay are located partially outside of the leasehold and are encroaching on the State waterway. To correct this, Parks wishes to amend both its DSL Submerged and Submersible Land Lease and the Macadam Bay Homeowners Association Lease to expand the leasehold areas so that they incorporate the encroaching structures. The DSL Submerged and Submersible Land Lease will also be amended to extend the term of that agreement until 2022.

5.  All rent and fees related to the DSL Submerged and Submersible Land Lease will be reimbursed to Parks by Macadam Bay Homeowners Association per their Lease Agreement with Parks. There will be no additional costs to the City as a result of these amendments.

NOW, THEREFORE, the Council directs:

a.  The Commissioner in Charge of Portland Parks and Recreation and the City Auditor are

authorized to execute both the Submerged and Submersible Land Lease and the Amendment to Lease on behalf of the City of Portland. Such leases shall be in forms substantially like the forms of agreement attached hereto, as approved as to form by the City Attorney.

Passed by the Council: December 19, 2007      GARY BLACKMER

Commissioner Saltzman          Auditor of the City of Portland

Prepared by: Zalane Nunn:kmg          By /S/Susan Parsons

November 29, 2007              Deputy    

BACKING SHEET INFORMATION

AGENDA NO. 1476, 1502-2007

ACTION TAKEN:

DEC 12 2007 PASSED TO SECOND READING DEC 19 2007 9:30AM

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 181482